NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4008
SPONSOR: Paulin TITLE OF BILL:
An act to amend the education law, in relation to prohibiting the sale
of food containing Red Dye 3 and Red Dye 40 in certain schools
PURPOSE OR GENERAL IDEA OF BILL::
This bill would prohibit schools from providing meals to students that
contain Red Dye 3 and Red Dye 40. This applies to any public school
within the state, during the entire school year.
SUMMARY OF PROVISIONS::
Section one amends the education law by adding a new section 915-a that
prohibits the sale to pupils of foods or beverages containing Red Dye 3
and Red Dye 40, in any public school within the state for the whole
school year.
Section two sets forth the effective date.
JUSTIFICATION::
Synthetic food dyes, like Red 40 or Red 3, have been utilized in food to
enhance colors, provide color to colorless foods, and generally increase
the appeal of foods for decades (FDA). Despite their long-lasting usage,
research has demonstrated these additives can be damaging to health. In
fact, synthetic dyes like Red Dye 3 are already banned from food in the
European Union, New Zealand, Australia, and the United States banned the
dye in 1990, but only for cosmetics and topical medication after
research showed how it could cause cancer in rats. Finally, in January
of 2025, after more than 30 years, the FDA banned Red Dye 3 from foods
in the U.S.
Additionally, in September 2024, California passed the California School
Food Safety Act, outlawing six artificial dyes - Red 40, Yellow 5,
Yellow 6, Blue 1, Blue 2 and Green 3 - from foods and beverages served
at public schools statewide. This law followed a report released by
California's Environmental Protection Agency's Office of Environmental
Health Hazard Assessment (OEHHA) that showed that synthetic food dyes
are associated with adverse neurobiological outcomes in some children
and pointed to the increasing numbers of U.S. children diagnosed with
behavioral disorders as further evidence concerning how these dyes may
exacerbate behavioral problems.
Given studies have underscored how Red 3 and Red 40 may lead to behav-
ioral issues in children such as hyperactivity and irritability, this
bill would prohibit the use of Red Dye 3 and 40 in all meals served at
public schools within the state.
New York State must focus on protecting children in schools from expo-
sure to substances which may be damaging for them. Following California,
and setting an example, New York State can be a leader in enhancing
broader food safety and protection.
PRIOR LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
To be determined.
EFFECTIVE DATE:
This act shall take effect in,180 days after it has become law.
STATE OF NEW YORK
________________________________________________________________________
4008
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to prohibiting the sale
of food containing Red Dye 3 and Red Dye 40 in certain schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 915-a
2 to read as follows:
3 § 915-a. Prohibiting the sale of foods containing Red Dye 3 and Red
4 Dye 40. From the beginning of the school day until the end of the last
5 scheduled meal period, no foods or beverages containing Red Dye 3 or Red
6 Dye 40, shall be sold in any public school within the state.
7 § 2. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06808-01-5
