Bill > A05558

This bill prohibits the use of red dye 3, a food color additive, in food products within New York State, with the ban taking effect on January 1, 2027. Specifically, the legislation makes it unlawful for any person, company, or organization to manufacture, sell, distribute, or offer for sale food products containing red dye 3 after that date. The bill requires the state commissioner to update the exemption list to indicate that red dye 3 is not considered safe for human consumption. Importantly, the bill includes a provision that prevents manufacturers from using the federal Food and Drug Administration's (FDA) prior recognition of red dye 3 as safe as a legal defense in enforcement actions. This means that even if the FDA has previously deemed the additive safe, this cannot be used as a legal argument against the state's prohibition. The bill aims to proactively protect consumers from a food additive that may pose health risks, giving food manufacturers and sellers approximately four years to reformulate their products or find alternative color additives.

Agriculture and Natural Resources

https://www.nysenate.gov/legislation/bills/2025/A5558