California Food Safety Act Signed Into Law

The law will go into effect in 2027.

October 10, 2023

The California Food Safety Act was signed into law by Governor Gavin Newson on October 7. The legislation will ban the manufacture, sale or distribution of foods containing four “possibly toxic chemical additives” in California, according to Food Safety Magazine.

The four chemicals are: red dye 3, potassium bromate, brominated vegetable oil and propylparaben. Titanium dioxide was originally the fifth chemical, but it was removed before the bill reached the governor, as the FDA’s stance is that it is as safe as a “regulated color additive in foods.”

The law will go into effect on January 1, 2027, and will require food manufacturers that use any of the banned chemicals to reformulate their products to be able to sell them in California. “Violation of the California Food Safety Act will be punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation,” as stated in Food Safety Magazine.

Because manufacturers are unlikely to produce two versions of a product, one for California and one for the rest of country, the law is expected to impact food across the country.

CNN reports that the National Confectioners Association, a trade organization based in Washington, D.C., said in a statement that “Newsom’s approval of this bill will undermine consumer confidence and create confusion around food safety” by acting independently of the FDA, and called on the FDA to weigh in on the topic.