Requires harmful ingredient labels on certain foods and beverages containing harmful ingredients; requires the creation of rules and regulations regarding the content and placement of harmful ingredient labels.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9298
SPONSOR: Jackson TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to requir-
ing labels on certain foods and beverages containing harmful ingredients
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require certain food and beverages that
contain harmful ingredients to display a harmful ingredient label if
they are to be sold.
SUMMARY OF PROVISION:
Section 1: Includes a new section under the agriculture and markets law
that requires the labeling of foods and beverages that contain harmful
ingredients. Under this section, harmful ingredients shall include:
brominated vegetable oil, potassium bromate, propylparaben, red dye 3,
titanium dioxide and any other ingredient found harmful by the commis-
sioner in consultation with the commissioner of health. The article
establishes that food and beverages for human consumption that contain a
harmful ingredient cannot be sold or displayed at retail Without a
clearly marked harmful ingredient label. The rules and regulations
regarding the content and placement will be promulgated by the commis-
sioner, in consultation with the commissioner of health. The rules shall
include, but not be limited to, the use of plain and clear language on
such harmful' ingredient labels.
Section 2: This act shall take effect on the one hundred eightieth day
after it shall have become law.
JUSTIFICATION:
Brominated vegetable oil, potassium bromate, propylparaben, red dye 3,
and titanium dioxide have been found to cause a slew of possible nega-
tive behavioral and health effects. The use of harmful ingredient labels
written in plain and clear language would help increase product trans-
parency and help consumers make more informed choices when deciding
which food and beverage products they will and will not purchase.
PRIOR LEGISLATIVE HISTORY:
A6424/S6055A of 2023-2024; Referred to Agriculture
S8211 of 2023-2024; Referred to Agriculture
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
9298
IN ASSEMBLY
February 23, 2024
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing labels on certain foods and beverages containing harmful ingredi-
ents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 214-p to read as follows:
3 § 214-p. Labeling of foods and beverages containing harmful ingredi-
4 ents. 1. For the purposes of this article, the term "harmful ingredient"
5 shall include, but not be limited to:
6 (a) brominated vegetable oil;
7 (b) potassium bromate;
8 (c) propylparaben;
9 (d) red dye 3;
10 (e) titanium dioxide; and
11 (f) any other ingredient deemed harmful by the commissioner in consul-
12 tation with the commissioner of health.
13 2. No person, firm, corporation, partnership, association or any other
14 business association shall sell at retail or display for sale at retail
15 any food or beverage for human consumption which contains a harmful
16 ingredient unless the container of such food or beverage is clearly
17 marked with a harmful ingredient label.
18 3. The commissioner, in consultation with the commissioner of health,
19 shall promulgate rules and regulations regarding the content and place-
20 ment of harmful ingredient labels on required food or beverage which
21 shall include, but not be limited to, the use of plain and clear
22 language.
23 § 2. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law. Effective immediately, the addition, amend-
25 ment and/or repeal of any rule or regulation necessary for the implemen-
26 tation of this act on its effective date are authorized to be made and
27 completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14111-01-4
