Bill > SB41

This bill amends Delaware's food safety regulations to prohibit the manufacture, sale, delivery, distribution, holding with intent to sell, or offering for sale of any food containing Red dye 3 (a specific chemical with the CAS number 16423-68-0). The bill defines "food" as articles intended for human consumption and establishes a civil penalty structure for violations, with first-time offenders facing fines up to $5,000 and subsequent offenders facing fines up to $10,000. Each day a violation occurs is considered a separate occurrence, potentially multiplying the potential penalties. This legislation follows the Food and Drug Administration's revocation of Red dye 3's authorization due to cancer-inducing concerns under the Delaney Clause of the federal Food, Drug, and Cosmetic Act. The law is set to take effect on January 15, 2027, giving businesses and manufacturers time to adjust their products and practices to comply with the new restriction.

Health and Social Services

https://legis.delaware.gov/BillDetail?LegislationId=141764