Vote: Floor vote
NY SenateMar 23, 2026Result: passed
Sponsor · State Senator, District 27 · Democratic
Senate bill · S1239 (2025-26)
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.
Not chosen yet
Passed the legislature and is awaiting a signature.
New York State Senate
Same as A1556, the matching bill in the Assembly.
Amends the Agriculture and Markets Law.
Agriculture · New York State Assembly
Also referred to Agriculture · New York State Senate, Ways and Means · New York State Assembly.
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)
NY SenateMar 23, 2026Result: passed
NY SenateFeb 5, 2026Result: passed
Senate AgricultureJan 29, 2026Result: passed
NY SenateJun 12, 2025Result: passed
Senate HealthMay 28, 2025Result: passed
Senate AgricultureMay 14, 2025Result: passed
Albert A. Stirpe, Alec Brook-Krasny and 64 more on Agora
The sponsor's argument
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.
Ordered to Third Reading CAL.62
ORDERED TO THIRD READING CAL.62
NY Assembly
Passed a chamber
PASSED ASSEMBLY
NY Assembly
Substituted
SUBSTITUTED FOR A1556G
NY Assembly
Referred to committee
REFERRED TO WAYS AND MEANS
NY Assembly
Passed a chamber
REPASSED SENATE
NY Senate
Returned to Assembly
RETURNED TO ASSEMBLY
NY Senate
Amended
AMENDED ON THIRD READING 1239F
NY Senate
Recalled From Assembly
RECALLED FROM ASSEMBLY
NY Senate
Returned to Senate
RETURNED TO SENATE
NY Assembly
Amended
AMENDED ON THIRD READING 1556G
NY Assembly
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Passed a chamber
PASSED SENATE
NY Senate
Referred to committee
REFERRED TO WAYS AND MEANS
NY Assembly
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
2ND Report CAL.
2ND REPORT CAL.
NY Senate
1ST Report CAL.213
1ST REPORT CAL.213
NY Senate
Amended
AMENDED ON THIRD READING 1556F
NY Assembly
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Referred to committee
REFERRED TO AGRICULTURE
NY Senate
Ordered to Third Reading Rules CAL.854
ORDERED TO THIRD READING RULES CAL.854
NY Assembly
Reported out of committee
REPORTED
NY Assembly
Substituted
SUBSTITUTED FOR A1556E
NY Assembly
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Passed a chamber
PASSED SENATE
NY Senate
Referred to committee
REFERRED TO WAYS AND MEANS
NY Assembly
Reference Changed to Ways and Means
REFERENCE CHANGED TO WAYS AND MEANS
NY Assembly
Amend and Recommit to Codes
AMEND AND RECOMMIT TO CODES
NY Assembly
Amended
AMENDED ON THIRD READING 1239E
NY Senate
Amend and Recommit to Codes
AMEND AND RECOMMIT TO CODES
NY Assembly
Amended
AMENDED ON THIRD READING 1239D
NY Senate
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
2ND Report CAL.
2ND REPORT CAL.
NY Senate
1ST Report CAL.1386
1ST REPORT CAL.1386
NY Senate
Reported out of committee
REPORTED REFERRED TO CODES
NY Assembly
Amend (t) and Recommit to Agriculture
AMEND (T) AND RECOMMIT TO AGRICULTURE
NY Assembly
Amend and Recommit to Health
AMEND AND RECOMMIT TO HEALTH
NY Senate
Reported out of committee
REPORTED AND COMMITTED TO HEALTH
NY Senate
Amend and Recommit to Agriculture
AMEND AND RECOMMIT TO AGRICULTURE
NY Senate
Amend and Recommit to Agriculture
AMEND AND RECOMMIT TO AGRICULTURE
NY Assembly
Amend (t) and Recommit to Agriculture
AMEND (T) AND RECOMMIT TO AGRICULTURE
NY Assembly
Amend (t) and Recommit to Agriculture
AMEND (T) AND RECOMMIT TO AGRICULTURE
NY Senate
Referred to committee
REFERRED TO AGRICULTURE
NY Assembly
Referred to committee
REFERRED TO AGRICULTURE
NY Senate
The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Parties are shown in the same neutral colors.
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data