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Brian Kavanagh

Sponsor · State Senator, District 27 · Democratic

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Senate bill · S1239 (2025-26)

Enacts the "food safety and chemical disclosure act"

PassedLatest action Apr 21, 2026

Summary

Enacts the "food safety and chemical disclosure act"; prohibits certain food additives and food color additives; provides that in an action to enforce compliance, the recognition by the federal food and drug administration of any of these substances as safe may not be alleged as a defense; establishes requirements for the reporting of GRAS (generally recognized as safe) substances.

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Where it stands

Passed the legislature and is awaiting a signature.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A1556, the matching bill in the Assembly.

Amends the Agriculture and Markets Law.

Committee

Agriculture · New York State Assembly

Also referred to Agriculture · New York State Senate, Ways and Means · New York State Assembly.

Purpose, from the sponsor's memo

Section one of the bill sets forth its title as the "Food Safety and Chemical Disclosure Act." Section two of the bill amends section 199-a of the agriculture and markets law to add a new subdivision 5 to prohibit the food additives FD&C Red 3, potassium bromate, and propylparaben; to provide an exemption for certain retailers and relief organizations for three years, or until the expiration date, best-by date, or sell-by date, for food or food products they acquire before this bill's effective date; and to provide that in any action by the commissioner to enforce compli- ance, FDA recognition of a substance shall not be a defense. Section three of the bill amends section 198 of the agriculture and markets law by adding a new subdivision 7-a defining "generally recog- nized as safe substance" or "GRAS substance" as any substance that is not included under the definition of "food additive" because it is generally recognized, either among experts qualified by scientific training or by experience, as having been adequately shown to be safe under the conditions of its intended use. Section four of the bill amends subdivision 4 of section 199-a of the agriculture and markets law to clarify that the section refers to the "food and color additives" report submitted to the commissioner. Section five of the bill amends the agriculture and markets law by adding a new section 199-h, which makes it unlawful to sell or offer or expose to sale or make any new use of any GRAS substance or combination of GRAS substances unless a report has been submitted to the commission- er and is included in a database; specifies what must be included in the report, including: 1) certain characteristics of the data and informa- tion being used as the basis for the manufacturer's conclusion that the substance is GRAS, and 2) a statement about any information the manufac- turer may be withholding as exempt from disclosure under the Freedom of Information Law; exempts certain GRAS substances and exempts small busi- nesses; provides that data establishing GRAS shall be publicly available and cannot be based on trade secrets. The new section also provides that retailers who hold a valid written contract with their supplier certify- ing that products are compliant shall not be found in violation for selling food containing an unreported GRAS substance. It further provides that the section applies only to food intended for human consumption, and that nothing in this section creates any new food labeling requirements. Section six of the bill amends section 199-b of the agriculture and markets law by adding a new subdivision 5 to require the commissioner to make the information set forth by new section 199-h available to the public in a database available on its website; allows for redacting from public reports information designated by the submitter as trade secrets; requires the commissioner to update the database with any new informa- tion related to the safety of a GRAS substance and empowers the commis- sioner to refuse to list a GRAS substance if the submitter's report does not contain the required information. The database must be searchable by the public and must allow consumers to download and print displayed information. Section seven of the bill amends the second undesignated paragraph of section 202-c of the agriculture and market law to include, under the commissioner's existing enforcement powers, the new section 199-h and any rule or order respecting a GRAS substance. Section eight of the bill sets forth the effective date. AMENDMENTS: D-Print: *Pushes out by an additional year the date after which the ban on the 3 food additives applies; *clarifies that food service establishments, food relief organizations, supermarkets, grocery stores, speciality food stores, farmers markets, and any other vendors selling food at a retail directly to the public on premises may sell items covered by this chapter until the expiration date printed on the packing for

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateMar 23, 2026Result: passed

    (60) (0) (0) (3)
  • Vote: Floor vote

    NY SenateFeb 5, 2026Result: passed

    (58) (1) (0) (4)
  • Vote: Committee vote · Agriculture

    Senate AgricultureJan 29, 2026Result: passed

    (7) (1) (0) (1)
  • Vote: Floor vote

    NY SenateJun 12, 2025Result: passed

    (58) (1) (0) (4)
  • Vote: Committee vote · Health

    Senate HealthMay 28, 2025Result: passed

    (13) (0) (0) (2)
  • Vote: Committee vote · Agriculture

    Senate AgricultureMay 14, 2025Result: passed

    (8) (0) (0) (1)

The sponsor's argument

Why Brian Kavanagh says this is needed

New Yorkers are eating food that may contain harmful chemicals without their knowledge. This bill aims to address this problem in two ways. First, it bans three specific ingredients that science has shown to be dangerous and that have been banned in other jurisdictions. Second, it closes a loophole that allows food companies to add new chemical ingre- dients to food without public disclosure of the presence of the ingredi- ents or the science behind the manufacturer's in-house determination that they are safe. The three ingredients this bill bans have been known to cause serious health issues, in some cases for decades. The FDA determined 30 years ago that red dye 3 causes cancer in animals, but only recently announced a ban that will not take effect until 2027. Potassium bromate, which is used to bleach flour, was linked to cancer by the World Health Organiza- tion in 1992. The preservative propylparaben has been tied to hormone disruption. The European Union has already banned all three, and Cali- fornia banned them in 2023. The presence of these additives in our food supply is related to a broader problem, the loophole in federal law that allows food companies to secretly add new chemicals to food. Under current federal law, food manufacturers may decide in-house that a new ingredient is "generally recognized as safe" ("GRAS"), without receiving approval from the U.S. Food and Drug Administration (FDA) in advance ("pre-market approval") and without even disclosing its inclusion in food to regulators or consumers, or publicly presenting any evidence that it is safe. Waiting for the federal government to address this issue is not a reasonable option. Congress and the federal executive branch have failed to take effective action for decades. The FDA has faced years of under- funding and internal disorganization, and that was before mass staff layoffs that occurred in 2025. While federal officials have recently expressed interest in closing the GRAS loophole, that process could take years to complete, if it happens at all, and faces stiff opposition from the food industry that has long succeeded in blocking federal legis- lation and regulatory accountability. This bill, on the other hand, takes concrete action. It will require food makers to disclose to the Department of Agriculture and Markets any food ingredient they designate in-house as GRAS and decline to disclose to the FDA, and the evidence they have that those ingredients are safe. This information would be published in a searchable database accessible to the public, policymakers, independent scientists, and food safety experts. New Yorkers would be able to make more informed decisions for themselves and their families.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Apr 21, 2026

    Ordered to Third Reading CAL.62

    ORDERED TO THIRD READING CAL.62

    NY Assembly

  2. Apr 21, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  3. Apr 21, 2026

    Substituted

    SUBSTITUTED FOR A1556G

    NY Assembly

  4. Mar 23, 2026

    Referred to committee

    REFERRED TO WAYS AND MEANS

    NY Assembly

  5. Mar 23, 2026

    Passed a chamber

    REPASSED SENATE

    NY Senate

Show full history (39 earlier events)
  1. Mar 23, 2026

    Returned to Assembly

    RETURNED TO ASSEMBLY

    NY Senate

  2. Mar 18, 2026

    Amended

    AMENDED ON THIRD READING 1239F

    NY Senate

  3. Mar 18, 2026

    Recalled From Assembly

    RECALLED FROM ASSEMBLY

    NY Senate

  4. Mar 18, 2026

    Returned to Senate

    RETURNED TO SENATE

    NY Assembly

  5. Mar 17, 2026

    Amended

    AMENDED ON THIRD READING 1556G

    NY Assembly

  6. Feb 5, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  7. Feb 5, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  8. Feb 5, 2026

    Referred to committee

    REFERRED TO WAYS AND MEANS

    NY Assembly

  9. Feb 4, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  10. Feb 3, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  11. Jan 29, 2026

    1ST Report CAL.213

    1ST REPORT CAL.213

    NY Senate

  12. Jan 12, 2026

    Amended

    AMENDED ON THIRD READING 1556F

    NY Assembly

  13. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  14. Jan 7, 2026

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Senate

  15. Jun 17, 2025

    Ordered to Third Reading Rules CAL.854

    ORDERED TO THIRD READING RULES CAL.854

    NY Assembly

  16. Jun 17, 2025

    Reported out of committee

    REPORTED

    NY Assembly

  17. Jun 17, 2025

    Substituted

    SUBSTITUTED FOR A1556E

    NY Assembly

  18. Jun 13, 2025

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  19. Jun 12, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  20. Jun 12, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  21. Jun 12, 2025

    Referred to committee

    REFERRED TO WAYS AND MEANS

    NY Assembly

  22. Jun 11, 2025

    Reference Changed to Ways and Means

    REFERENCE CHANGED TO WAYS AND MEANS

    NY Assembly

  23. Jun 9, 2025

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  24. Jun 9, 2025

    Amended

    AMENDED ON THIRD READING 1239E

    NY Senate

  25. Jun 6, 2025

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  26. Jun 6, 2025

    Amended

    AMENDED ON THIRD READING 1239D

    NY Senate

  27. Jun 4, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  28. May 29, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  29. May 28, 2025

    1ST Report CAL.1386

    1ST REPORT CAL.1386

    NY Senate

  30. May 20, 2025

    Reported out of committee

    REPORTED REFERRED TO CODES

    NY Assembly

  31. May 16, 2025

    Amend (t) and Recommit to Agriculture

    AMEND (T) AND RECOMMIT TO AGRICULTURE

    NY Assembly

  32. May 16, 2025

    Amend and Recommit to Health

    AMEND AND RECOMMIT TO HEALTH

    NY Senate

  33. May 14, 2025

    Reported out of committee

    REPORTED AND COMMITTED TO HEALTH

    NY Senate

  34. Apr 28, 2025

    Amend and Recommit to Agriculture

    AMEND AND RECOMMIT TO AGRICULTURE

    NY Senate

  35. Apr 28, 2025

    Amend and Recommit to Agriculture

    AMEND AND RECOMMIT TO AGRICULTURE

    NY Assembly

  36. Mar 3, 2025

    Amend (t) and Recommit to Agriculture

    AMEND (T) AND RECOMMIT TO AGRICULTURE

    NY Assembly

  37. Feb 28, 2025

    Amend (t) and Recommit to Agriculture

    AMEND (T) AND RECOMMIT TO AGRICULTURE

    NY Senate

  38. Jan 10, 2025

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Assembly

  39. Jan 8, 2025

    Referred to committee

    REFERRED TO AGRICULTURE

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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