Senate agriculture committee advances bill to disclose novel food chemicals, bans three additives

A New York State Senate committee advanced a bill on disclosure of novel food chemicals and a limited ban on three additives after members debated liability, enforcement and impact on small producers.

The Senate Standing Committee on Agriculture voted to report S.1239B — the Food Safety and Chemical Disclosure Act — to the Senate Health Committee after sponsor Senator Kavanaugh explained the bill’s purpose and fielded questions from committee members. The measure, as described by the sponsor, would (1) ban the sale in New York of foods containing three listed chemicals — “red dye number 3, potassium bromate, and propyltholibin” — and (2) require companies that rely on a federal “generally recognized as safe” (GRAS) determination made without notifying the U.S. Food and Drug Administration (FDA) to disclose that determination and supporting safety data to the New York State Department of Agriculture and Markets (Ag & Markets), which would publish the submissions in a publicly accessible database.

The bill’s sponsor said the measure aims to close a federal transparency gap that allows some food producers to place substances in foods without providing safety data to the FDA or publicly identifying the chemicals used. “This bill closes that loophole for New Yorkers,” Kavanaugh said. He described the requirement as a disclosure duty — not a new scientific testing mandate — because companies relying on a GRAS determination, by law, already must have the safety data that underpins that determination.

Why it matters: proponents said disclosure would give regulators and consumers better information about what is in processed foods and could prompt manufacturers to remove or replace additives. Senator Oberacher, identified in the meeting as a food scientist, said alternative natural colorants already exist and called the bill a “sound, sensible framework.”

Concerns raised: several committee members questioned whether the state should act before federal rules change and whether asking Ag & Markets to host and maintain a public database would create legal or fiscal liabilities for the state. Senator Burrello expressed worry that the database could expose the state to litigation — “I see a class action lawsuit,” he said — if the state became aware of potentially harmful ingredients and did not take further enforcement action. The sponsor and other supporters said they do not expect that disclosure alone will create an actionable liability for the state and that Ag & Markets already has broad regulatory authority over food sold in New York.

Scope and small-business exemptions: Kavanaugh said the bill would not require companies to produce new safety data; it would require disclosure of safety data they already must keep when making a GRAS determination. He also said the measure includes exemptions and transition provisions intended to limit burden on small operations — for example, a flat exemption for businesses independently owned and operated with 10 or fewer employees and provisions allowing sellers to sell existing stock for a period after any change in legality.

Next step: Committee members moved the bill and it was reported to the Health Committee. The committee recorded one "without recommendation" entry for Senator Barriello during the vote.

The committee discussion also included references to national activity: the sponsor noted recent federal interest in closing the GRAS transparency gap and said state-level disclosure could affect nationally distributed processed foods because many products sold in New York are sold nationwide.

Ending: The committee took no further immediate regulatory action beyond reporting the bill; supporters said they were open to technical changes and continued dialogue with Ag & Markets and food industry representatives.