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Regulatory
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Additives
Posted By:
Sandhya Sashikumar
A growing trend in the U.S. is states taking action against harmful food additives in response to consumer demand for healthier food choices. There has already been regulation at the federal level but now, regulation at the state level is escalating. Many states are banning or limiting additives linked to cancer, hormone disruption, and hyperactivity in children, a movement with significant implications for both consumers and the food industry.
For the food regulatory experts, paying attention and staying updated on the evolving food safety rules and regulations—especially regarding additives—is crucial for both reformulation of products as well as packaging.
As the landscape continues to shift and regulations are becoming stringent, tracking both state and federal-level changes is becoming increasingly important. To help you maintain regulatory compliance and streamline your business workflow, Trace One and our team of regulatory specialists will be constantly monitoring and keeping our customers updated with the latest information.
Let’s take a closer look at what these regulated additives are, how specific states have responded, and how you can prepare.
Growing Demand and Evolving Regulations
Following the FDA's (U.S. Food & Drug Administration) final rule to revoke the authorization of brominated vegetable oil (BVO) in food products, California has strengthened its stance by imposing rules on additive bans. This has prompted other states to introduce similar bills banning harmful additives in food.
While the FDA plays a key role in food safety and remains the primary authority, states are passing their own laws to protect public health from these substances, which could lead to nationwide changes in food safety policies.
Regulated Additives
- Brominated Vegetable Oil (BVO): A vegetable oil modified with bromine and used as a stabilizer in beverages to prevent citrus flavoring from separating and floating to the top.
- Potassium Bromate: A powder that’s added to flour and packaged baked goods, such as bagels, breads, and pastries.
- Red Dye No. 3: A synthetic food dye that gives foods and drinks a bright red color and can be found in candy, frozen desserts, cupcakes, and frostings.
State-by-State Regulations
Recent developments across the country show these states leading the way.
California: California, a leader in food safety, passed a 2023 law, AB-418 - The California Food Safety Act, banning four additives—Potassium Bromate, BVO, Propylparaben, and Red Dye No. 3. Taking effect in 2027 to give the food industry time to prepare, this move sets a precedent for other states.
Illinois: Illinois is advancing a bill, SB93 - The Illinois Food Safety Act, to ban BVO, Red Dye No. 3, and Potassium Bromate, citing health concerns. With bipartisan support and close ties to the food industry, the state is paving the way for progressive food safety laws that may influence its neighboring states as well.
Pennsylvania: Pennsylvania is introducing bills to ban additives like Red Dye No. 3 and 40, Yellow Dye No. 5 and 6, and BVO. HB2116 and its companion bill, HB2117 prohibit the use of Potassium Bromate, BVO, and Butylated Hydroxyanisole.
New York: The state of New York is considering bans in Bill S1239A and Bill S6055A on BVO, Potassium Bromate, and Red Dye No. 3, while also reviewing food safety concerns over Titanium Dioxide and Azodicarbonamide.
Minnesota: Minnesota is addressing broader health issues in legislation known as Amara's Law by banning PFAS (per- and polyfluoroalkyl substances), chemicals found in food packaging and cookware that have been linked to various health risks, highlighting the connection between food safety and environmental health.
Some states, including Missouri and Washington, have proposed similar bills to ban the use of these additives.
Future Trends
As public awareness and consumer demand for transparency grows, more states are likely to introduce similar laws, pushing for cleaner, healthier food options. This trend may eventually lead to federal regulations standardizing these rules across the country.
As we move forward, there is growing concern and scrutiny not only about the food itself but also the chemical contaminants present in its packaging materials.
The Challenge You Face
One key challenge manufacturers face is reformulation, which may involve tweaking recipes, following new ingredient standards, and ensuring compliance with regulations across different states.
However, the state-by-state approach to regulation proves another challenge. With numerous bills being introduced, tracking them all can be complicated. It's difficult for companies to stay on top of the constantly shifting landscape of state-level laws.
Trace One Regulatory Compliance Tools
At Trace One, we help companies in the food and beverage industry follow these regulatory changes, especially when it comes to food additives and ingredients. Given the increasing number of U.S. states banning certain food additives, companies need to stay informed and compliant with both state and federal regulations.
We have a team of dedicated food specialists who track these state regulations as they unfold. Our team stays on top of monitoring these legislations state by state, ensuring manufacturers stay informed and compliant.
Utilizing Trace One’s Food News Monitoring System (FNMS) and Food Law Library (FLL)
As U.S. state-level regulations progress, our Food News Monitoring System and Food Law Library can keep you updated. Save time toggling between government sites, scientific databases, and news sources. Access one web-based solution to understand how changing laws around food safety, quality, and more might impact your operations.
- Regulatory Monitoring and Alerts: Keep track of real-time regulatory changes.
- Aggregate the global food regulation news that matters most.
- Stay informed with customizable regulatory queries.
- Access a central repository of critical documents that impact product development.
If you’d like to learn more about how you can use Trace One’s solutions to navigate the evolving landscape of food safety regulations, maintain compliance, and reduce the risk of penalties or recalls, contact us today.