Advocates say a bill pending in the Assembly gives consumers more transparency about what’s in their food.
The bill named the Food Safety and Chemical Disclosure Act has already passed the state Senate and is awaiting debate and a vote.
Similar legislation passed the Senate last year but failed to pass the Assembly. Supporters hope this year will be different.
“The science is behind us. The advocates are behind us. The public is behind us, and we're right at the finish line,” said Assemblymember Anna Kelles, D-Ithaca. “So hopefully, in the next couple of weeks, we will be celebrating that we will be working towards building a more transparent and healthy food system in New York state.”
If passed, the measure would ban three food additives that have been linked to cancer and other health problems in Europe. Those are FD&C Red 3, potassium bromate and propylparaben. Those already are banned in California.
It also would require makers of packaged foods to disclose more information on additives in their products. Specifically, the legislation targets ingredients that are “generally regarded as safe” or GRAS substances. The designation began in 1958 to allow chemicals that experts regarded as safe not require review by the Food and Drug Administration.
Critics say the designation is being applied to far more additives and ingredients than intended and have been seeking to get the loophole closed.
“You know, for decades we've been hitting dead ends in Congress, at FDA, and even in the federal courts,” said Jensen Jose, regulatory counsel at the Center for Science in the Public Interest. “And so we, you know, look to states, because states have been taking the lead where FDA has been refusing to take the lead.”
The bill’s sponsors said they have made slight changes in the past couple of years to address concerns by small businesses and others.
“We really are trying to make sure that our local grocery stores and bodegas and such are not worried that they're going to get caught up on this and be held responsible for things that food companies are doing that that will be illegal if we pass this bill,” said Sen. Brian Kavanaugh, D-Manhattan.
Opponents of the New York legislation, including several food industry groups, have refreshed their lobbying efforts. They claim the bill would drive up costs and reduce choice for consumers.
“We want to keep the prices low. However, at a time when inflation is already driving food costs to record highs, this bill would impose a significant new compliance cost on our suppliers, manufacturers and retailers,” said Tara Martin, a spokesperson for New Yorkers for Safe and Affordable Groceries, which is backed by makers of package foods and other consumer goods. “And inevitably, if you pass this legislation, these costs will be passed down to consumers.”
The groups also said state-by-state legislation would create “chaos in the market.” They support efforts to create one GRAS standard on the federal level.
“It's not about hiding ingredients,” Martin said. “It's about streamlining processes and making sure that we have one process of, you know, visibility as it relates to these regulations.”
