Prohibits the use of the food additive azodicarbonamide in any baked good produced in the state

BILL NUMBER:S5059

Title of bill

An act to amend the agriculture and markets law, in relation to the use of azodicarbonamide

Purpose

To prohibit the use of the food additive azodicarbonamide in baked goods.

Summary of provisions

Section one of the bill adds a new section 214-o to the agriculture and markets law. Subdivision one provides definitions. Subdivision 2 provides that no person shall sell, offer to sell or expose for sale any baked good that is produced in the state exclusively for distribution in the state containing the food additive azodicarbonamide. Subdivision 3 sets forth fines for a violation of this section as follows: not to exceed one thousand dollars on the first offense, not to exceed five thousand dollars on the second offense or not to exceed ten thousand dollars on any subsequent offense. Subdivision 4 provides an affirmative defense to a violation under this section that a baked good containing azodicarbonamide was produced in another state or intended for distribution in another state.

Section 2 provides the effective date.

Justification

Azodicarbonamide is primarily used as an additive in synthetic leather and in the production of foamed plastics. Common examples include window and door gaskets, padded floor mats, gym/exercise mats and shoe soles. What's troubling though is that it is also commonly used as a food additive in baked goods as a flour bleaching and improving agent. Although the U.S. Food and Drug Administration (FDA) has designated azodicarbonamide as generally recognized as safe and allows it to be added to flour at levels up to 45 parts per million, it is banned as a food additive and in food packaging in the United Kingdom (UK), where the Health and Safety Executive has identified it as a respiratory sensitizer (a possible cause of asthma) and has determined that products should be labeled with "may cause sensitization by inhalation." Other studies have produced evidence that it can induce asthma, other respiratory symptoms and skin sensitization. Azodicarbonamide is also banned in the European Union and in Australia.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.