• State‑level scrutiny of the Generally Recognized as Safe (GRAS) framework continues, with recent legislative activity in both New York and New Jersey signaling sustained interest in chemical disclosure and food additive oversight.
  • In New York, Senate Bill S01239, the Food Safety and Chemical Disclosure Act, was introduced in January 2025 during the 2025–2026 legislative session and has since been amended and advanced through multiple committees.
    • It would prohibit certain specified food additives in products sold in New York and impose state‑level reporting requirements for substances manufacturers determine to be GRAS, while limiting reliance on FDA GRAS recognition as a defense in state enforcement actions. Although S01239 passed the New York Senate in June 2025, it stalled in the Assembly and was returned to the Senate at the start of the 2026 legislative year. Momentum resumed this week, when the Senate again passed the bill on February 5, 2026, sending it back to the Assembly for renewed consideration.
  • In New Jersey, a parallel proposal has also reemerged. Senate Bill S3277, which would require food manufacturers to disclose certain new food additives that have not been reported to the FDA, was introduced in prior sessions under different bill numbers, including S4748 and A4640. Those earlier versions ultimately failed to advance before the close of the legislative session. The bill was formally re‑introduced on February 2, 2026.
    • New Jersey’s S3277 focuses on disclosure and reporting obligations to the Department of Health rather than prohibitions on specific additives. The bill would require annual reporting for new GRAS determinations, including intended use, safety data, and the basis for the GRAS conclusion.
  • It remains unclear how these state‑level initiatives will ultimately intersect with federal action. As we’ve previously blogged, FDA sent a proposed rule related to GRAS to the Office of Management & Budget (OMB) in December of 2025, but the timing, scope, and substance of the rulemaking remain uncertain. In the interim, states continue to pursue their own regulatory approaches, raising the potential for a more fragmented compliance landscape.
  • Keller and Heckman will continue to monitor developments at both the state and federal level related to GRAS.