New York Legislature Passes GRAS Food Law

On April 21, 2026, the New York legislature passed the “Food Safety and Chemical Disclosure Act” (the Act) (Assembly Bill 1556/Senate Bill 1239). 

The Act now proceeds to the governor’s desk for signature and enactment into law. 

What does the Act do?

GRAS Ingredients: At the federal level, the Federal Food, Drug, and Cosmetic Act (FDCA) generally requires any substance reasonably expected to become a component of food under its intended conditions of use to be the subject of an applicable food additive regulation unless the substance is Generally Recognized as Safe (GRAS) for its intended use, is the subject of a prior sanction or approval, or is otherwise exempt from regulation as a food additive.

With the Act, New York seeks to establish a reporting regime for GRAS ingredients in food products. Specifically, the state would generally require report submissions for GRAS substances prior to the sale or offering for sale of those GRAS ingredients or products containing the GRAS ingredients starting one year from the Act’s effective date.

Among other things, these reports would include 

• Signed statements and certifications identifying the reporter, the substance, and its intended conditions of use;
• The identity, method of manufacture, specifications, and technical effect of the substance;
• Estimates of dietary exposure from all sources;
• A safety narrative explaining why the substance qualifies as GRAS;
• A list of generally available data and methods cited;
• Any prior GRAS notices submitted to the FDA and the FDA’s responses.

The Act requires the New York State Department of Agriculture and Markets (NYSDAM) to maintain a publicly searchable database of GRAS substance reports on its website. The Act also exempts several categories of substances and businesses from the new reporting requirements. Exempt substances include those for which the FDA has previously issued a “no questions” letter on a GRAS notice; substances already recognized in federal regulations as GRAS or as prior-sanctioned; substances with effective premarket notifications; food ingredients widely consumed before January 1, 1958, and substances NYSDAM has determined safe to be added to foods through rulemaking. Small businesses—defined as independently owned companies with 100 or fewer employees—are also fully exempt from the Act’s GRAS requirements.

Bans Three Ingredients: In addition, the Act would prohibit the sale, distribution, or manufacture of foods containing any of the three food or color additives: FD&C Red No. 3, potassium bromate; and propylparaben. This prohibition would go into effect one year after the law’s enactment. Even after the effective date, retailers are still permitted to sell existing stock of products containing these substances until the products’ expiration, sell by, or best by date, for up to three years thereafter.

What’s Next?

The Act next proceeds to Governor Hochul. If Governor Hochul signs the Act, its provisions will come into effect one year from the date of enactment. 

New York’s efforts on GRAS ingredients comes amid proposals at the federal and state levels on GRAS substances. Perkins Coie’s Food and CPG regulatory team is actively tracking these developments and will continue to report.