New York State Senate Passes Food Safety and Chemical Disclosure Act, Advocates Push Assembly to Act

ALBANY, NY (02/05/2026) (readMedia)-- Today, the New York State Senate passed the Food Safety and Chemical Disclosure Act(S1239E), landmark legislation that would ban the use of several harmful food additives and mandate new transparency requirements for chemicals used in food products sold in New York, amid rampant gaps in federal food safety regulation.

Sponsored by Senator Brian Kavanagh and Assemblymember Anna Kelles, the legislation targets three additives - Red No. 3, potassium bromate, and propylparaben - all of which have been linked to serious health concerns, including cancer and hormone disruption. The bill additionally requires manufacturers to disclose safety data for chemicals that have bypassed the FDA's formal safety review, closing a federal loophole that allows companies to self-certify their ingredients as "generally recognized as safe" (GRAS) without adequate oversight, under the 1958 Food Additives Amendment to the Food, Drugs, and Cosmetic Act.

As federal efforts to clean up the food supply fall short, consumers are increasingly vulnerable. As companies routinely bypass FDA oversight by designating food chemicals as GRAS, regulators admit they lack the necessary data to confirm the safety of numerous food chemicals already widely in circulation. The bill now awaits action in the Assembly.

"The Center for Science in the Public Interest commends the New York State Senate for stepping up and prioritizing consumer safety in the midst of this federal regulatory void," said Jensen Jose, CSPI Regulatory Counsel. "Thanks to the decades-long GRAS loophole, families are left not knowing which products are safe to eat - all while companies escape accountability and add secret chemicals to their products. New Yorkers deserve transparency about the foods they're eating. Cancer-causing and hormone-disrupting additives have no place in our food. Passing the Food Safety and Chemical Disclosure Act is a necessary step towards making this a reality. We urge the Assembly to follow suit and protect the health and future of our communities."

BACKGROUND

The Food Safety and Chemical Disclosure Act (S1239E/A1556F): 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.