Primary sponsors of the legislation are Senator Brian Kavanagh (D-27) and Assemblymember Anna Kelles, Ph.D. (D-125). The bill is supported by consumer protection groups like the Center for Science in the Public Interest, Consumer Reports, and the Environmental Working Group.

Legislation Would Ban Three Additives from Food in New York

Specifically, the Food Safety Chemical and Disclosure Act would ban food from manufacture, distribution, or sale in the state if it contains red dye 3, potassium bromate, or propylparaben, due to growing concerns about the substances’ potential harms to human health. Assemblymember Kelles cited “established links to cancer, hormone disruption, and organ damage.”

It is worth noting that the U.S. Food and Drug Administration (FDA) already revoked its authorization for the use of red dye 3 in foods and ingested drugs in January 2025. New York’s legislation also follows the precedent set by California, which passed the California Food Safety Act in 2023, banning red 3, potassium bromate, propylparaben, and brominated vegetable oil. Other states have since passed their own food additives bans, such as Arkansas and West Virginia, although some such bans are facing pushback in court.

The Bill’s Requirement to Make GRAS Determinations Public

The legislation sets forth specific safety data and information that food manufacturers must share with the state officials about GRAS ingredients when they use such substances in products that are made or sold in New York. A public database would also be created to disclose GRAS ingredients used in food and beverages manufactured or sold in the state.

Senator Kavanagh hopes that, by enacting the Food Safety Chemical and Disclosure Act into law, transparency around food additives will improve nationwide. “Since processed foods are produced and distributed nationally, we hope and expect that the public disclosure required by this legislation for foods sold in New York will reverberate across the U.S.,” he said.

Assemblymember Kelles explained the legislation “restores transparency to [the GRAS] process. It requires companies to make public the safety analysis they already completed under federal standards before a food containing that chemical can be sold in New York, allowing regulators, researchers, and the public to evaluate those determinations.”

Effective Date of the Food Safety Chemical and Disclosure Act 

The legislation would take effect one year after being signed into law; except for the amendment to New York regulations banning red dye 3, potassium bromate, or propylparaben, which would take effect immediately. Retailers would be able to sell foods containing these substances until their expiration or “best by” date, not to exceed three years beyond the legislation’s enactment.

What is the GRAS ‘Loophole’ and Does it Need to be Closed?

The GRAS process was established in 1958 and was originally intended to allow widely used food ingredients, commonly understood to be safe for consumption (e.g., salt, yeast), to remain on the market without extensive review. Today, it is often described as a “loophole” by legislators and concerned stakeholders for allowing new additives and ingredients into the food supply. The GRAS process enables food substances to be used without premarket approval by FDA as long as scientific experts determine the substance to be “safe” under the conditions of its intended use. GRAS determinations effectively exempt a food substance from being subjected to the premarket safety review process required for food additives by FDA.

GRAS determinations do require specific data providing evidence of a substance's safety, but these determinations can be made by experts outside of the government, using literature compiled by food companies. The extent of data and evidence required for self-affirmed GRAS determinations is the same as what is required for FDA food additive petitions, which are reviewed directly by FDA. However, food companies can choose to voluntarily notify—or not notify—FDA when they have made a GRAS determination about a new substance and begin using it.

At present, a proposed FDA rule to tighten GRAS oversight is pending White House review, following direction from U.S. Health Secretary Robert F. Kennedy Jr. This rule would reportedly make FDA notification of GRAS submissions mandatory, require FDA to maintain a public GRAS notice inventory, and clarify the criteria for GRAS or non-GRAS substances. California is also currently considering legislation to close the GRAS “loophole” by giving state health officials the authority to conduct safety assessments for GRAS substances, independent of FDA.