Bill > S4748

Introduced Session

This bill requires manufacturers of food and nonalcoholic beverages for sale in this State to disclose certain additive information to the Commissioner of the Department of Health to be made publicly available. Under the bill, every manufacturer of food and nonalcoholic beverages for sale in this State is required to disclose when a new additive has been deemed "generally recognized as safe" (GRAS) by that entity, and is planned for use in food and non-alcoholic beverages. Under sections 201(s) and 409 of the federal "Food, Drug, and Cosmetic Act," any substance that is intentionally added to food is a food additive, subject to premarket review and approval by the U.S. Food and Drug Administration (FDA), unless the substance is generally recognized among qualified experts as having been adequately shown to be safe under the conditions of its intended use, or unless the use of the substance is otherwise excepted from the definition of a food additive. This bill requires industry to provide the Commissioner of Health with the premarket review rendering an additive GRAS, in the form of an annual report with certain requirements, for publication on the Department of Health Internet website. The department is to review and publish the report within six months of receipt. The commissioner may refuse to publish an incomplete report, after the submitting entity has been given an opportunity to correct any insufficiency within a reasonable time, to be determined by the commissioner. The bill requires the commissioner to promulgate rules and regulations for the collection of these reports and the publication of the data on the department's Internet website. It is the sponsor's view that the publication of a manufacturer's food additive assessment will enable the public to make an informed decision regarding their consumption choices. Finally, the bill provides for the use of the "Penalty Enforcement Law of 1999", P.L.1999 ,c.274 (C.2A:58-10 et seq.), in carrying out the bill's provisions and makes available to the Commissioner of Health the assistance of the Attorney General in recovering penalties, including enforcing an injunction to protect the public interest. The penalties are up to $1,000 for a first offense and up to $5,000 for each subsequent offense. For a violation of a continuing nature, each day constitutes an additional, separate and distinct offense. The bill becomes effective one year after enactment, but permits the Commissioner of Health to take anticipatory action.

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Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 10/27/2025)

Official Document