New York would be the first state in the US to require the disclosure of ingredients used by large food manufacturers under a measure state lawmakers approved this week.
The bill (A.B. 1556) would end what Health and Human Services Secretary Robert F. Kennedy Jr. has deemed a “loophole” in federal food regulation. Democrats passed the bill April 21. It now faces final approval from Gov. Kathy Hochul (D), who must sign the measure by the end of this year before it becomes law.
If implemented, New York would be the only state in the US to require large manufacturers disclose the scientific research behind chemical additives in food products instead of relying on the longstanding self-reporting system.
Currently, food additives that are “generally recognized as safe” can be exempt from pre-market review, allowing food manufacturers to fast-track the use of certain ingredients without needing approval from the US Food and Drug Administration. Food safety advocates contend the process is secretive and doesn’t compel manufacturers to be transparent about what they include in products.
The New York bill, sponsored by Democratic lawmakers state Sen. Brian Kavanagh and Assemblymember Anna Kelles, would require GRAS substances to be reported to the state Department of Agriculture and made publicly available in a state database. It also bans three food additives, including red dye No. 3.
Industry groups objected to the bill’s passage in an April 21 letter, including the American Beverage Association, National Supermarket Association, The Business Council of New York State, and the Partnership for New York City. The letter pointed to a “misguided patchwork of food and beverage regulation” and said it would impose “huge, duplicative reporting requirements” on businesses. Industry groups also say it would increase consumer costs and confusion.
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The bill exempts small businesses that are independently owned and have fewer than 100 employees.
Kavanagh said he had “no meaningful doubt” the state has the authority to require the disclosures and said the bill’s passage could nudge manufacturers to improve the quality of food products.
He also said despite industry opposition, there’s a “minimal burden” for manufacturers. “It’s not requiring anybody to do any new science, and it’s not requiring them to reformulate any food,” Kavanagh said. “This will be a very substantial step forward nationwide for transparency of our food industry.”
Lawmakers have introduced a similar bill in California, backed by the Center for Science in the Public Interest.
Hochul spokesperson Nicolette Simmonds said Hochul will review the legislation and didn’t comment further.
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