Dive Brief:
- New York could soon become the first state to require food companies to report on the safety of new ingredients and close a loophole frequently criticized by Health and Human Services Secretary Robert F. Kennedy Jr.
- State lawmakers overwhelmingly approved a bill this month that would require companies to provide safety data when they designate ingredients as "Generally Recognized as Safe" but declined to disclose that information to the FDA.
- The bill still needs the governor's approval. In addition to addressing GRAS, the law also would ban three additives, including Red Dye No. 3, potassium bromate and propylparaben.
Dive Insight:
States have continued to pick up the mantle of the "Make America Healthy Again" movement, with Democratic states positioning ingredient bans and restrictions as examples of political leadership at a time when federal regulation has stalled.
Food manufacturers can bypass premarket review on certain chemicals or additives if they are considered safe among qualified experts. The process has received heavy criticism from Kennedy, who says it allows manufacturers to sneak chemicals into the food supply “often with unknown safety data.”
A March report from the Environmental Working Group found at least 111 food chemicals have been approved using the self-affirmed GRAS process, including additives incorporated into cereals, snack bars and sports drinks.
While the FDA has announced plans to explore rulemaking around the GRAS loophole, New York legislators said in a press release that the "process could take years to complete, if it happens at all."
"As we have watched the federal oversight and regulations around this issue erode, we in New York are stepping up to lead," Assemblymember Sarah Clark said in a statement. "It is time to ban the bad chemicals. And we need transparency and accountability going forward about the safety of all products we consume."
The New York bill also follows California's lead in banning dough conditioner potassium bromate and propylparaben, a preservative to extend the shelf life of baked goods. At the same time, the measure outlaws Red Dye No. 3, which is already subject to a federal ban set to go into place in January.
Food companies have pushed back hard against state ingredient restrictions and bans, arguing that a patchwork of legislation will create new complexity and raise costs for consumers and businesses.
Federal lawmakers in Washington debated multiple bills on Wednesday including a proposal that would prevent states from regulating food additives, dyes or ingredients considered generally recognized as safe.
This bill, called the “FDA Review and Evaluation of Safe, Healthy, and Affordable Foods” or FRESH Act, would block New York's attempt to regulate GRAS, according to Sarah Sorscher, executive director of the Center for Science in the Public Interest.
"The version of preemption in the FRESH Act would be catastrophic for food safety, much of which is regulated by states and local health and agriculture agencies," Sorscher said in a statement. "Congress and FDA have so far failed to deliver meaningful chemical safety reform, leading state legislators to take up the slack."
