California became the first state in the nation to prohibit four food additives found in popular cereal, soda, candy and drinks after Gov. Gavin Newsom signed a ban on them Saturday.
The California Food Safety Act will ban the manufacture, sale or distribution of brominated vegetable oil, potassium bromate, propylparaben and red dye No. 3 — potentially affecting 12,000 products that use those substances, according to the Environmental Working Group.
The legislation was popularly known as the “Skittles ban” because an earlier version also targeted titanium dioxide, used as a coloring agent in candies including Skittles, Starburst and Sour Patch Kids, according to the Environmental Working Group. But the measure, Assembly Bill 418, was amended in September to remove mention of the substance.
Any state health agency would fall under the executive branch of government. The power of creating laws is under the legislative branch (like the Senate). Executive agencies have the authority to enforce laws and under Chevron Deference the authority to interpret laws where vague, but not form new laws.
For example, if a bill was passed saying cars can’t be louder than 110 dBs an executive agency could decide the proper way of measuring volume, if not prescribed by law.
I’d think the Legislative would set up a health agency empowered to ban “toxic food additives”, and let the agency determine which ones are toxic. Otherwise, the Legislative branch has to ban every individual thing.
Legislators create committees, and they frequently don’t have many people who care about the issue. Committees are usually… Bipartisan. And not often about effectiveness but about prestige, and lobbying.
I believe the executive branch can suggest new laws, but they would still have to pass through the state’s legislative branch. The suggested law may still need to be formally introduced by a member of the legislative branch, though.
The legislative process of each state is largely derived from the legislative process of the federal government, but there are probably some variations between states.