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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1264 By: Hays
AS INTRODUCED
An Act relating to food dyes; amending 63 O.S. 2021,
Section 1-1109, which relates to adulterated foods ;
prohibiting the use of certain f ood dyes; updating
statutory references; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1109, is
amended to read as follows:
Section 1-1109. A. A food shall be deemed to be adulterated:
(a) (1) 1. if If it bears or contains any poisonous or
deleterious substance which may render it injurious to health; but
in case the substance is not an added substance, such food shall not
be considered adulterated under this clause if the quantity of such
substance in such food does not ordinarily render it injurious to
health; or (2)
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2. if If it bears or contains any added poisonous or added
deleterious substance which is unsafe within the meanin g of Section
1112 of this article; or (3)
3. if If it consists in whole or in part of a diseased,
contaminated, filthy, putrid, or decomposed substance, or if it is
otherwise unfit for food; or (4)
4. if If it has been produced, prepared, packed, or held under
insanitary conditions whereby it may have been rendered diseased,
unwholesome, or injurious to health; or (5)
5. if If it is the product of a diseased animal or an animal
which has died otherwise than by slaughter, or that has been fed
upon the uncooked offal from a slaughterhouse; or (6)
6. if If its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the contents
injurious to health.
B. Notwithstanding subsection A, the following food additives
shall, with respect to any particular use or intended use, be deemed
to be unsafe:
a. red dye 3,
b. red dye 40,
c. yellow dye 5,
d. yellow dye 6,
e. blue dye 1, and
f. blue dye 2.
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(b) (1) if C. 1. If any valuable constituent has been in whole
or in part omitted or abstracted therefrom; or (2)
2. if If any substance has been substituted wholly or in part
therefor; or (3)
3. if If damage or inferiority has been concealed in any
manner; or (4)
4. if If any substance has been added thereto or mixed o r
packed therewith so as to increase its bulk or weight, or reduce its
quality or strength or make it appear better or of greater value
than it is.
(c) if D. If it is confectionery and it bears or contains any
alcohol or nonnutritive article of substance except harmless
coloring, harmless flavoring, harmless resinous glaze not in e xcess
of four-tenths of one percent (4/10 of 1%), harmless natural wax not
in excess of four-tenths of one percent (4/10 of 1%), harmless
natural gum and pectin; provided, that t his paragraph shall not
apply to any confectionery by reason of its containing less than
one-half of one percent (1/2 of 1%) of volume of alcohol derived
solely from the use of flavoring extracts, or to any chewing gum by
reason of its containing harmless nonnutritive masticatory
substances.
(d) if E. If it bears or contains a coal tar color other than
one from a batch which has been certified under authority of the
Federal Act.
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SECTION 2. This act shall become effective November 1, 2025.
60-1-10623 TJ 12/11/24