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 reform. Federal bills have been recently introduced that work to either strengthen or weaken GRAS oversight.
In February 2026, Representative Mike Lawler (NY-17) introduced the GRAS Oversight and Transparency Act, which would require food manufacturers to disclose their use of GRAS substances in food and trigger the review and potential revocation of “legacy” GRAS designations made before 2000.
In April 2026, Representative Kat Cammack (R-Florida) introduced the draft FDA Review and Evaluation for Safe, Healthy (FRESH) and Affordable Foods Act, which would allow new and legacy chemicals added to food to be deemed “safe” without FDA oversight and pre-empt state food chemical laws. A news release from EWG argues that the bill “would, if enacted, further hobble an already broken system that allows scores of food chemicals to come onto the market with little government oversight,” and that the bill is “rotten to the core.”
References
The New York State Senate (April 21, 2026). “Senate Bill S1239F.”
U.S. Food & Drug Administration (October 17, 2023). “Generally Recognized as Safe.”
U.S. Food & Drug Administration (January 4, 2018). “FDA’s Approach to the GRAS Provision: A History of Processes.”
Olivia Backhaus and Melanie Benesh (April 13, 2022). “EWG analysis: Almost all new food chemicals greenlighted by industry, not the FDA.” EWG.
EWG (April 21, 2026). “New York lawmakers pass pivotal food safety bill.”
Bobby DeMuro (March 12, 2026). “US states take up food additive bills amid slow federal progress on GRAS reform.” Chemical Watch News & Insight.
Congress.gov (January 30, 2026). “H.R.7291 – GRAS Oversight and Transparency Act.”
Congress.gov (April 22, 2026). “FDA Review and Evaluation for Safe, Healthy and Affordable Foods Act of 2026.” (pdf).
EWG (April 22, 2026). “‘FRESH’ and Affordable Foods Act is rotten to the core.”
Read more
Bobby DeMuro (April 24, 2026). “New York passes bill mandating public disclosure of GRAS food ingredients.” Chemical Watch News & Insight.
Meg Duff (February 5, 2026). “US lawmaker introduces bill to review ‘legacy’ GRAS designations.” Chemical Watch News & Insight.
Terry Hyland (April 29, 2026). “Draft House bill would reform GRAS process, preempt many state food safety laws.” Chemical Watch News & Insight.
