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New York State passes bill requiring disclosure of food additives

Food Safety and Disclosure Act requires generally recognized as safe (GRAS) food additives on the New York market to be added to public database; aims to close Food and Drug Administration loophole allowing use of food additives without public knowledge; argues federal GRAS reform is too slow; other states considering similar bills while US House of Representatives remains divided

May 15, 2026

Catherine Crawford-Brown

5 minutes

On April 21, 2026, the New York State Legislature passed the Food Safety and Disclosure Act (SB 1239), which, if signed by the Governor, would require companies to publicly disclose food additives treated as ‘generally recognized as safe’ (GRAS) by the U.S. Food & Drug Administration (FDA). The legislation is designed to close a GRAS loophole that allows companies to add chemicals to food and food packaging without declaring their presence or publishing how the company determined their safety. The bill will also ban three chemicals from food: potassium bromate (CAS 7758-01-2), propyl paraben (CAS 94-13-3), and red dye no. 3 (CAS 16423-68-0).

What is the GRAS loophole?

The GRAS list was originally created in 1958 to exempt food additives, both direct and those that could migrate from food packaging, that have been shown to be safe from FDA review. Early examples of approved substances included salts and canola oil.

In the ensuing years, the FDA provided informal opinions to companies upon request about whether their food additives met the GRAS criteria. To address safety concerns in the 1970s, the FDA implemented a formal petition model to affirm the GRAS status of substances. Due to resource constraints, the petition model moved to a voluntary notification process in 1997 whereby companies can choose whether to tell the FDA about their GRAS designations (FPF reported). This system was reaffirmed and clarified in 2016 (FPF reported) despite safety concerns (FPF reported and here, also here), resulting in widespread criticism (FPF reported).

As a result of this pivot, the FDA has no formal knowledge of many of the food additives currently in use (FPF reported). An investigation by Environmental Working Group (EWG) in 2022 found that almost 99% of food chemicals introduced since 2000 in the US were permitted for use by the food and chemical industry rather than the FDA.

How would the New York State legislation help close the GRAS loophole?

New York State’s Food Safety and Disclosure Act would make it unlawful to sell products containing GRAS substances unless a report has been submitted to New York’s Department of Agriculture and Marketscontaining the information used to conclude that the substance is GRAS. This data must be made publicly available in a database and cannot be based on trade secrets. Taking this approach would increase transparency for consumers, requiring mandatory disclosure of new food additives where the FDA does not.

Why are state’s taking action on GRAS substances?

GRAS reform was outlined as a priority under the Make America Healthy Again (MAHA) Assessment (FPF reported). The FDA’s Human Foods Program also received $25 million in the 2027 fiscal year budget to remove “harmful chemicals” from food, including closing the GRAS loophole (FPF reported).

Despite recent federal interest, New York State’s Food Safety and Disclosure Act argues that “[c]ongress and the federal executive branch have failed to take effective action for decades,” blaming a lack of resources and internal disorganization at the FDA. The sponsors go on to state that any attempts at the federal level to close the GRAS loophole could take years, if they happen at all, and that the process “faces stiff opposition from the food industry that has long succeeded in blocking federal legislation and regulatory accountability.”

Jessica Hernandez, EWG legislative director said in a press release from EWG that “New York is stepping up where Washington is stepping down” and that “[w]ithout federal action, it’s up to the states to keep us safe from harmful additives in the foods we eat and feed to our families.” Because processed foods are sold nationally and because of the size of New York’s market, there could be reverberations from the New York bill across the country.

Reporting by Bobby DeMuro at Chemical Watch News & Insight discusses the wave of US state legislation targeting the GRAS loophole in 2026. In addition to New York, California, Pennsylvania, and New Jersey are all considering bills requiring disclosure of GRAS substances as food additives. West Virgina, Louisiana, and Texas enacted similar laws last year.

What is currently happening with GRAS reform federally?

Current opposition highlights the struggles facing GRAS...