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SS1FORSB41 • 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.

Passed Legislature

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

Sponsor
Last action
2025-02-20
Official status
Substituted in Senate by SS 2 for SB 41
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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.

What This Bill Does

  • AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PURE FOOD AND DRUGS.
  • This Act is a substitute for Senate Bill No.
  • 41.
  • Both this Act and SB 41 ban 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

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

    Adopted in lieu of the original bill SB 41, 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 is a substitute for Senate Bill No. 41. Both this Act and SB 41 ban 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). After the release of SB 41, the Food and Drug Administration (FDA) revoked the authorization to use Red dye 3 in food and ingested drugs under the Delaney Clause of the federal Food, Drug, and Cosmetic Act. The Delaney Clause prohibits FDA authorization of a food or color additive if it has been found to induce cancer in humans or animals. This substitute retains the prohibition against Red dye 3 in food products to ensure it will remain banned in the State of Delaware.

This Act differs from SB 41 by:
(1) Adding and defining the term “color additive”.
(2) Banning the manufacture, sale, delivery, distribution, holding with the intent to sell, and offering for sale in Delaware of food that contains the color additive, Red dye 40 (CAS no. 25