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SB41 • 2025

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PURE FOOD AND DRUGS.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PURE FOOD AND DRUGS.

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Buckson
Last action
2025-02-20
Official status
Lieu/Substituted 1/28/25
Effective date
Not listed

Plain English Breakdown

The official status indicates the bill passed both chambers and reached final enrollment, but no governor's signature or veto date is provided in the metadata.

Delaware Ban on Red Dye 3 in Food

This law makes it illegal to make, sell, or distribute food containing a specific red color called Red dye 3 in Delaware starting October 1, 2027.

What This Bill Does

  • Bans the manufacture, sale, delivery, distribution, holding with intent to sell, and offering for sale of food containing Red dye 3 in Delaware.
  • Defines 'food' as articles for human consumption, including drinks, ice, confectionary, and condiments.
  • Sets a civil penalty of up to $5,000 plus costs for a first violation.
  • Sets a civil penalty of up to $10,000 plus costs for any later violations.
  • Counts each day that the rule is broken as a separate offense.

Who It Names or Affects

  • People or companies who make food in Delaware
  • Stores and businesses that sell food in Delaware
  • Distributors who move food into or within Delaware

Terms To Know

Red dye 3
A synthetic color additive made from petroleum used to give foods a bright cherry-red color.
Civil penalty
A fine or money payment required by law for breaking this rule, separate from criminal punishment like jail time.

Limits and Unknowns

  • The ban does not start until October 1, 2027.
  • This state law applies only to food sold in Delaware and does not change federal rules from the FDA.
  • Red dye 3 has been linked to behavioral concerns in children and cancer according to the bill text.

Bill History

  1. 2025-02-20 Delaware General Assembly

    Substituted in Senate by SS 2 for SB 41

  2. 2025-01-28 Delaware General Assembly

    Substituted in Senate by SS 1 for SB 41

  3. 2025-01-10 Delaware General Assembly

    Introduced and Assigned to Health & Social Services Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PURE FOOD AND DRUGS.
This Act bans the manufacture, sale, delivery, distribution, holding with the intent to sell, and offering for sale in Delaware of food that contains Red dye 3 (CAS no. 16423-68-0). For purposes of this chapter and section, food includes drink, ice, confectionary, and condiments. Red dye 3 is a color additive made from petroleum that gives foods a bright cherry-red color. Any person that violates this Act is subject to a civil penalty as follows:
(1) For a first occurrence, not to exceed $5,000, in addition to costs.
(2) For a subsequent occurrence, not to exceed $10,000, in addition to costs.

Each day on which a violation of this Act occurs constitutes a separate occurrence.

In 2023, California became the first state to ban Red dye 3. Since then, 10 other states have introduced legislation to ban this dye, including our neighboring states of Maryland, New Jersey, and Pennsylvania. The Food and Drug Administration (FDA) received a petition in November 2022 calling on them to ban Red dye 3. The petition is actively pending consideration. The FDA has not yet issued a decision.

Red dye 3, also labeled Red 3 or FD&C Red No. 3, is a synthetic additive used to color food and drink that has been linked to behavioral concerns in children and cancer. Red dye 3 is in thousands of foods, including those marketed to children. The U.S. Department of Agriculture’s Branded Foods Database at FoodData Central identified 9,201 U.S. food products that contain Red dye 3, including hundreds of products made by the country’s biggest food companies. However, Red dye 3 does not need to be in our food supply. Companies could replace Red dye 3 with natural colors from foods like beets, red cabbage, or black currants, or could simply leave it out entirely. Red dye 3 is added to food only to make it look more appealing.

This Act takes effect on October 1, 2027, which is 9 months after California’s ban will go into effect.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Buckson & Rep. Michael Smith

Sen. Lawson; Reps. Hilovsky, K. Johnson, Morrison, Ross Levin, Shupe, Kamela Smith, Wilson-Anton

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 41

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PURE FOOD AND DRUGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 33, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3325. Red dye 3 prohibited in food.

(a) For purposes of this section, “food” means as defined in § 3301 of this title, except that it only includes articles for consumption by humans.

(b) Notwithstanding §§ 3311, 3313, or 3314 of this title, a person may not manufacture, sell, deliver, distribute, hold with the intent to sell, or offer for sale in this State food that contains Red dye 3 (CAS no. 16423-68-0).

(c) A person that violates subsection (b) of this section is subject to a civil penalty as follows:

(1) For a first occurrence, not to exceed $5,000, in addition to costs.

(2) For a subsequent occurrence, not to exceed $10,000, in addition to costs.

(d) Each day on which a violation of subsection (b) of this section occurs is a separate occurrence under subsection (c) of this section.

Section 2. This Act takes effect on October 1, 2027.

SYNOPSIS

This Act bans the manufacture, sale, delivery, distribution, holding with the intent to sell, and offering for sale in Delaware of food that contains Red dye 3 (CAS no. 16423-68-0). For purposes of this chapter and section, food includes drink, ice, confectionary, and condiments. Red dye 3 is a color additive made from petroleum that gives foods a bright cherry-red color. Any person that violates this Act is subject to a civil penalty as follows:

(1) For a first occurrence, not to exceed $5,000, in addition to costs.

(2) For a subsequent occurrence, not to exceed $10,000, in addition to costs.

Each day on which a violation of this Act occurs constitutes a separate occurrence.

In 2023, California became the first state to ban Red dye 3. Since then, 10 other states have introduced legislation to ban this dye, including our neighboring states of Maryland, New Jersey, and Pennsylvania. The Food and Drug Administration (FDA) received a petition in November 2022 calling on them to ban Red dye 3. The petition is actively pending consideration. The FDA has not yet issued a decision.

Red dye 3, also labeled Red 3 or FD&C Red No. 3, is a synthetic additive used to color food and drink that has been linked to behavioral concerns in children and cancer. Red dye 3 is in thousands of foods, including those marketed to children. The U.S. Department of Agriculture’s Branded Foods Database at FoodData Central identified 9,201 U.S. food products that contain Red dye 3, including hundreds of products made by the country’s biggest food companies. However, Red dye 3 does not need to be in our food supply. Companies could replace Red dye 3 with natural colors from foods like beets, red cabbage, or black currants, or could simply leave it out entirely. Red dye 3 is added to food only to make it look more appealing.

This Act takes effect on October 1, 2027, which is 9 months after California’s ban will go into effect.

Author: Senator Buckson