Laws
New York food dye bill (S1239)
New York's bill has gone further than any other pending one: it passed both chambers. Until the governor acts, nothing in it is law.
Is this dye or additive banned in your state?
FD&C Red No. 3 in New York, November 5, 2026
FDA ban from January 15, 2027
| FDA | FDA ban ordered, not yet in effect FDA revoked its listing for food (including dietary supplements) and ingested drugs on January 16, 2025 (90 FR 4628). The order applies to food from January 15, 2027 and to ingested drugs from January 18, 2028; the stay caused by objections was lifted on August 5, 2026 (91 FR 50475). |
| all food sold | Bill passed by the legislature, not law S1239 (2025-2026). |
FD&C Red No. 3, E127, CAS 16423-68-0. School rules cover food served or sold to students, not grocery shelves. Legal status only, not health advice.
All dye and additive rules in New YorkSenate Bill S1239 of the 2025-2026 session, the food safety and chemical disclosure act, is shown on the New York State Senate site as passed by both the Senate and the Assembly, the last action being the Assembly vote on April 21, 2026. As of November 1, 2026, the site showed no delivery to or action by the governor, so the bill is not law and none of its rules apply. As passed, it would ban Red 3, potassium bromate and propylparaben in food sold in New York, starting one year after the act takes effect, and would add rules on dyes in school food and on the disclosure of some ingredients. In New York, a bill passed late in a session can be sent to the governor months afterwards, and the governor then signs or vetoes it. This page will change once the status does.
Laws and FDA orders read by Radif Partners · Editorial policy · Method and sources
Meanwhile, in New York stores and schools
Federal rules alone apply: Red 3 leaves all food on January 15, 2027 under the FDA order, whether or not S1239 becomes law. The other dyes are allowed. The state checker above shows "bill passed by the legislature, not law" for the substances it would cover, and it will show the enacted rule once there is one.
The state list separates enacted laws from bills like this one.
New York rules on dyes and additives
| Law | Scope | Substances | From | Status today | Enforcement |
|---|---|---|---|---|---|
| S1239 (2025-2026) | all food sold | Red 3, Potassium bromate and Propylparaben | not law: would start one year after the act takes effect (180 days after signature) | Bill passed by the legislature, not law | not stated |
Each tracked substance in New York
| Substance | FDA | All food sold | School food | Label |
|---|---|---|---|---|
| Red 40 | Allowed by FDA | no | no | no |
| Red 3 | FDA ban ordered, not yet in effect | Bill passed by the legislature, not law (not law: would start one year after the act takes effect (180 days after signature)) | no | no |
| Yellow 5 | Allowed by FDA | no | no | no |
| Yellow 6 | Allowed by FDA | no | no | no |
| Blue 1 | Allowed by FDA | no | no | no |
| Blue 2 | Allowed by FDA | no | no | no |
| Green 3 | Allowed by FDA | no | no | no |
| Citrus Red 2 | Still allowed; FDA proposed a ban | no | no | no |
| Orange B | Banned nationwide by FDA | no | no | no |
| BVO | Banned nationwide by FDA | no | no | no |
| Potassium bromate | Allowed by FDA | Bill passed by the legislature, not law (not law: would start one year after the act takes effect (180 days after signature)) | no | no |
| Propylparaben | Allowed by FDA | Bill passed by the legislature, not law (not law: would start one year after the act takes effect (180 days after signature)) | no | no |
| Titanium dioxide | Allowed by FDA | no | no | no |
| BHA | Allowed by FDA | no | no | no |