Recently California Governor Gavin Newsom signed into the law The Food Safety Act, that bans the use of 4 additives and preservatives used in a variety of food and candies. This will force companies to comply by 2027 and reformulate these products.
The WinePress reported on the proposal in March, when 5 ingredients were up for debate, but later was brought down to 4.
The four in question are: brominated vegetable oil (BVO), potassium bromate, propylparaben and red dyebrominated vegetable oil, potassium bromate, propylparaben and red dye No. 3.
Signed on October 7th, the truncated text reads as follows, and states the penalties for non-compliance:
SECTION 1.This act shall be known, and may be cited, as the California Food Safety Act.
SEC. 2.
Chapter 17 (commencing with Section 109025) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
CHAPTER 17. Food Safety
(a) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale, in commerce a food product for human consumption that contains any of the following substances:
(1) Brominated vegetable oil (CAS no. 8016-94-2).
(2) Potassium bromate (CAS no. 7758-01-2).
(3) Propylparaben (CAS no. 94-13-3).
(4) Red dye 3 (CAS no. 16423-68-0).
(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.
(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.
These ingredients are already banned in the E.U. and other countries. The documented effects are as follows:
Red Dye No.3 – not to be confused with “Red 40” – is commonly found in many candies, pie fillings and cake frostings, sugary cereals, candies, beverages and sodas, some breads, ice creams and yogurt, iced teas, and even things like potato chips. The dye is attributed to causing cancer and behavioral problems in children, and is practically banned in almost everything in the European Union. Even though the FDA has banned its used in some items since the 90’s, it dye still finds its way into many different foods.
Potassium Bromate is commonly found in many baked goods, breads, pizzas, cookies, and more; with EWG identifying 130 different food items that have this substance. The ingredient is banned in a handful of countries; and the European, United Kingdom, Canada, Brazil, and California currently mandate that the packaging must have a warning label on it if this substance is in it. This item has been linked to causing cancer and can be carcinogenic.
Propyl Parabens also find themselves in baked goods and pastries, and chips. This chemical is totally banned in the European Union. It is widely known and documented that this substance – which is also commonly found in many cosmetics and soaps – is an endocrine disrupter and affects fertility and virility, and causes hyperplasia in animals.
Lastly, Brominated Vegetable Oil (OVB) is commonly found in soda pops, Gatorade and similar products, fruit juices, and iced teas. Like all the other chemicals previously listed, Europe wholly bans this substance. OVB has a list of things it damages, such as causing neurological damage, thyroid problems in rats, reproductive toxicity in animals, and increase triglyceride and cholesterol content in the heart and liver.
There are cheers and jeers going around in reaction to this bill.
Ken Cook, Environmental Working Group (EWG) president, said in a statement:
This is a milestone in food safety, and California is once again leading the nation. We applaud Gov. Newsom for signing this landmark bill and putting the health of Californians before the interests of industry.
California is creating a healthier market for consumers.
Susan Little, EWG’s senior advocate for California government affairs, added:
These toxic chemicals have no place in our food. Manufacturers in Europe are producing the same food products without these harmful chemicals, so there’s no reason we can’t do the same.
We’re grateful to Gov. Newsom for taking this groundbreaking step towards giving kids in California access to the same quality of food as kids in Europe.
Also, Jesse Gabriel, chair of the state Assembly Committee on Privacy and Consumer Protection, praised the move as well.
The Governor’s signature today represents a huge step forward in our effort to protect children and families in California from dangerous and toxic chemicals in our food supply.
It’s unacceptable that the U.S. is so far behind the rest of the world when it comes to food safety. This bill will not ban any foods or products – it simply will require food companies to make minor modifications to their recipes and switch to the safer alternative ingredients that they already use in Europe and so many other places around the globe.
It should be noted that the Environmental Working Group and Consumer Reports co-sponsored the bill.
There is of course opposition to this bill.
The National Confectioners Association railed Newsom’s decision, and what it will ultimately result in, they say.
California is once again making decisions based on soundbites rather than science. Governor Newsom’s approval of this bill will undermine consumer confidence and create confusion around food safety.
This law replaces a uniform national food safety system with a patchwork of inconsistent state requirements created by legislative fiat that will increase food costs. This is a slippery slope that the FDA could prevent by engaging on this important topic.
We should be relying on the scientific rigor of the FDA in terms of evaluating the safety of food ingredients and additives.
Former FDA deputy commissioner Frank Yiannas opposed the bill, stating,
The disruption such an approach would cause to the U.S. food system cannot be overstated.
In a system where state legislatures start banning different ingredients, business uncertainty is inevitable.
AUTHOR COMMENTARY
“Scientific rigor of the FDA” – I almost gut busted hysterically when I read that one!
This is one of those VERY rare times that I agree with something California did. This is not about blue versus red: this is about truth and getting rid of literal poison from the food supply, that should have never been there.
Be that as it may, when I had reported initially on this bill, I had warned that this could lead to some food shortages because companies will have to reformulate their products – assuming the lobbyists don’t create a workaround, which we know they will.
Beloved, I wish above all things that thou mayest prosper and be in health, even as thy soul prospereth.
3 John 2
[7] Who goeth a warfare any time at his own charges? who planteth a vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? [8] Say I these things as a man? or saith not the law the same also? [9] For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? [10] Or saith he it altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope. (1 Corinthians 9:7-10).
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Finely they did something right!
Major props to you, California! Great job!
The whole country should have done it years ago, but…
Ti 6:10 For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows.
Follow the loot!