Section 1. Short title
This Act may be cited as the Ban Harmful Food Dyes Act.
(a) In general
Notwithstanding the listing and certification (or exemption in effect with respect to such certification) of any covered color additive pursuant to section 721 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e), effective beginning on January 1st, 2027—
(1) a covered color additive is deemed unsafe for use in or on food within the meaning of subsection (a) of such section; and
(2) a food that is, or it bears or contains, such a color additive is adulterated within the meaning of section 402(c) of such Act (21 U.S.C. 342(c)).
(b) Covered color additive
In this Act, the term covered color additive means the following color additives (as such term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)):
(1) Red No. 40. (CAS 25956–17–6).
(2) Red No. 3. (CAS 16423–68–0).
(3) Yellow No. 5. (CAS 1934–21–0).
(4) Yellow No. 6. (CAS 2783–94–0).
(5) Blue No. 1. (CAS 3844–45–9).
(6) Blue No. 2. (CAS 860–22–0).
(7) Green No. 3. (CAS 2353–45–9).
(8) Orange B. (CAS 15139–76–1).
(9) Citrus Red 2. (CAS 6358–53–8).
(10) Red 3. (CAS 16423–68–0).
(11) Titanium Dioxide.
(12) Any additive that is substantially similar to the additives specified in paragraphs (1) through (11).