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HB 5069

Food: other; use of certain substances in food and drink products; prohibit. Amends 2000 PA 92 (MCL 289.1101 - 289.8111) by adding sec. 7132.

2025-2026 Regular Session Introduced by Pat Outman

Michigan would ban sale of foods containing BVO, potassium bromate, propylparaben, and certain synthetic dyes by Jan 1, 2029, unless a federal ban is in place.

REFERRED TO COMMITTEE ON REGULATORY AFFAIRS
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Bill Summary · HB 5069

Summary — HB 5069 (Michigan)

Main purpose

HB 5069 would add a new section (sec. 7132) to Michigan’s Food Law (2000 PA 92, MCL 289.1101–289.8111) to prohibit the sale or offer for sale, in Michigan, of foods that contain specified chemical additives and synthetic food dyes beginning January 1, 2029. The ban is conditional: it does not apply if the federal government bans the listed substances on or before January 1, 2029.

Key provisions

  • Adds section 7132 to Michigan Food Law.
  • Effective date for the prohibition: January 1, 2029.
  • Prohibits sale or offer for sale of any food containing any of the following:
    • Brominated vegetable oil (BVO)
    • Potassium bromate
    • Propylparaben
    • Certain synthetic food color additives:
    • Red 40
    • Green 3
    • Blue 1
    • Blue 2
    • Yellow 6
  • Exception: the section is inapplicable if the federal government bans these substances on or before the Jan 1, 2029 effective date.

Who would be affected

  • Food manufacturers and formulators (domestic and those selling into Michigan) that currently use these ingredients.
  • Distributors, wholesalers, and retailers selling packaged foods in Michigan.
  • Consumers, who may see reformulated products, ingredient substitutions, labeling changes, or limited availability of some items.
  • Potentially state food regulators who would need to implement and enforce the prohibition under existing Michigan food law structures.

Likely impacts and considerations

  • Products potentially affected include certain soft drinks and sports beverages (BVO), some baked goods (potassium bromate as a dough improver), items using propylparaben as a preservative, and many processed foods, candies, and beverages that use the listed synthetic dyes.
  • Reformulation, testing, relabeling, and supply‑chain adjustments will impose costs on industry; alternatives (natural or different synthetic colorants/preservatives) may be used.
  • The bill text does not specify enforcement mechanisms, penalties, or testing protocols; enforcement would presumably fall to existing Michigan food law authorities unless further provisions are added.
  • The bill contains a federal‑ban exception but does not address other possible federal preemption or regulatory interactions explicitly.

Legislative status (as provided)

  • Filed: March 13, 2025.
  • Various procedural entries in April 2025 (readings, subcommittee referrals; no subcommittee action noted).
  • Electronically reproduced Sept 26, 2025; introduced Sept 26, 2025 by Rep. Pat Outman; read and referred to the House Committee on Regulatory Reform.

Compiled from official sources — confirm details with the bill’s official record.

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