Kavanagh, Kelles, Advocates Celebrate Passage of New York's Landmark Food Transparency and Safety Law

ALBANY, NY (04/29/2026) (readMedia)-- Today, New York lawmakers Senator Brian Kavanagh and Assemblymember Dr. Anna Kelles, the Center for Science in the Public Interest, and leading public health advocates celebrated the State Legislature's passage of the Food Safety and Chemical Disclosure Act (S1239F/A1556G), landmark legislation designed to provide transparency in the state's food supply and protect public health, amid rampant gaps in federal food safety regulation. Health advocates, doctors, and families worked to counter a yearslong misinformation campaign from Big Food, playing an instrumental role in advancing the legislation. After unanimously passing the New York State Senate with bipartisan support on March 23rd, the bill cleared the Assembly on April 21st, and now awaits action by Governor Kathy Hochul.

Watch a recording of the Zoom conference here using this passcode: VK1=4cq$.

Sponsored by Senator Kavanagh and Assemblymember Kelles, S1239F takes aim at a decades-old federal loophole by requiring food companies to report to New York regulators any food ingredients they designate in-house as "generally recognized as safe" (GRAS) and decline to disclose to the FDA, along with the scientific basis for considering them safe. The bill also bans the use of Red No. 3, potassium bromate, and propylparaben in foods sold in New York. HHS Secretary Kennedy Jr. and former FDA Commissioner Dr. Kessler have both warned that food giants have hijacked the GRAS loophole to introduce harmful chemicals into the nation's food supply.

"Every family deserves to know what's in their food and to trust that it's safe. But, for too long, food giants have flouted the law to fill our grocery shelves with chemicals that never received meaningful FDA review. Today, New York is saying enough. As federal regulators continue to fall short, Albany lawmakers are setting an example our country can and should follow," said Jensen Jose, CSPI Senior Regulatory Counsel. "The Center for Science in the Public Interest is deeply grateful for the leadership of Senator Kavanagh, Assemblymember Kelles, and the entire State Legislature for their efforts to build a food system New Yorkers can trust. We urge the Governor to sign the bill into law immediately."

BACKGROUND

The Food Safety and Chemical Disclosure Act (S1239E/A1556G): Ends the secrecy of a federal loophole that allows companies to self-designate their ingredients as "generally recognized as safe" or GRAS without adequate FDA oversight. The bill prohibits the use of three harmful additives in foods sold statewide and requires companies to disclose evidence confirming the safety of food chemicals that bypass the FDA's safety review. By mandating transparency requirements for chemical use in foods and eliminating unsafe additives, the bill aims to improve health outcomes and protect New York consumers from health harms like cancer and developmental delays.

Why Food Safety Regulation Is Urgent:

• Dangers in the Nation's Food Supply: Americans are regularly exposed to food chemicals that have been banned throughout the European Union, Canada, China, and other countries due to known health risks. Additives like Red No. 3, potassium bromate, and propylparaben have been linked to cancer, hormone disruption, and other serious conditions – yet they remain legal and widely used in most U.S. states.
• Federal Inaction: According to a 2024 American Journal of Public Health analysis, the FDA rarely re-evaluates or revokes GRAS status, even as new research raises concerns about the safety of long-approved chemicals. Simultaneously, the FDA's food safety program has been severely weakened by ongoing layoffs and structural reforms, limiting its ability to inspect, regulate, or enforce food safety standards.
• Chronic Disease Risk: With rates of cancer, developmental disorders, and hormone-related illnesses on the rise, public health experts have warned that continued exposure to toxic food additives could further exacerbate health inequities and drive long-term costs to the healthcare system. The Food Safety and Chemical Disclosure Act offers New York an opportunity to lead in protecting its residents - especially children - from preventable harm.

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