This Act is a substitute for Senate Substitute No. 1 for Senate Bill No. 41. This Act differs from SS 1 for SB 41 in that it removes the ban on the manufacture, sale, delivery, distribution, holding with the intent to sell, and offering for sale in Delaware of food that contains Red dye 40 (CAS no. 25956-17-6). Like SB 41 and SS 1 for SB 41, this Act bans 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). For purposes of this chapter and section, food includes drink, ice, confectionary, and condiments. Red dye 3 is a color additive made from petroleum that gives foods a bright cherry-red color. Red dye 3, also labeled Red 3 or FD&C Red No. 3, is a synthetic additive used to color food and drink that has been linked to behavioral concerns in children and cancer. Red dye 3 is in thousands of foods, including those marketed to children. The U.S. Department of Agriculture’s Branded Foods Database at FoodData Central identified 9,201 U.S. food products that contain Red dye 3, including hundreds of products made by the country’s biggest food companies. However, Red dye 3 does not need to be in our food supply. Companies could replace Red dye 3 with natural colors from foods like beets, red cabbage, or black currants, or could simply leave it out entirely. Red dye 3 is added to food only to make it look more appealing. 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 Act establishes a State prohibition against Red dye 3 in food products to ensure it will remain banned in the State of Delaware. The civil penalty provision for violation of this Act remains the same as in SB 41 and SS 1 for SB 41; any person that violates this Act is subject to a civil penalty as follows: (1) For a first occurrence, not to exceed $5,000, in addition to costs. (2) For a subsequent occurrence, not to exceed $10,000, in addition to costs. Each day on which a violation of this Act occurs constitutes a separate occurrence. This Act retains the same effective date as SS 1 for SB 41. This Act takes effect on January 15, 2027, to align with the date by which Red dye 3 must be removed from foods under federal law.
Rep. Eric Morrison
Sponsored bills
Senate Joint Resolution No. 3 was passed by the 152nd General Assembly and signed by the Governor. SJR No. 3 directed all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers. The DESEU was to issue a report by December 31, 2024. However, due to the scope and complexity of the net metering study, the DESEU requires additional time to issue the report. This resolution reinstates the requirements of SJR No. 3 and extends the DESEU's reporting deadline to complete the cost-benefit study and analysis and finalize and issue a report to April 30, 2025.
This resolution recognizes January 2025 as “Tobacco Use Awareness Month” in the State of Delaware, affirms the importance of educating and protecting Delawareans from the harmful effects of tobacco use, encourages collaboration among schools, health advocates, and community organizations to combat tobacco use, and highlights the State of Tobacco Control Report as a leading resource in enacting effective policies to reduce tobacco use.
Maddy summaryHCR 11 designates February 2025 as Energy Poverty Awareness Month in Delaware. The resolution recognizes energy poverty - defined as inadequate access to affordable, reliable energy services - as a critical issue affecting low-income, minority, and rural households who spend disproportionately high shares of income on energy bills. It encourages state agencies and community organizations to promote awareness, share resources, and conduct outreach to support these communities during the designated month. The resolution does not create new programs or funding but aims to highlight the problem and foster collaboration among public, private, and nonprofit sectors.
This Concurrent Resolution honors and recognizes the leadership and achievements of African Americans and urges the celebration of Black History Month.
Maddy summaryThis resolution designates January 2025 as "National Mentoring Month" in Delaware, symbolically recognizing the value of mentoring programs. It does not create new laws, allocate funding, or change existing programs - it simply encourages Delawareans to support mentoring efforts that benefit youth. The bill cites research showing mentoring improves youth mental health, academic performance, and life skills, particularly for vulnerable groups like foster youth. As a symbolic gesture, it directly affects all Delaware residents by urging community engagement with mentoring initiatives, though it has no binding policy impact. The resolution was introduced by Senator Lockman and passed unanimously by both legislative chambers in early 2025.
Maddy summaryThis resolution designates February 2025 as "Senior Independence Month" in Delaware. It symbolically recognizes the importance of home-based care options for seniors and aims to raise awareness about aging in place. The resolution does not create new laws, allocate funding, or change existing policies - it is a ceremonial designation to highlight community efforts supporting Delaware seniors' independence. It directly affects Delaware residents, particularly older adults and caregivers, by drawing attention to existing home care resources.
This concurrent resolution designates February 2025, as “Career and Technical Education Month” in the State of Delaware to urge all citizens to become familiar with the services and benefits offered by the career and technical education programs in their communities and to support and participate in these programs to enhance their individual skills and productivity.
This resolution recognizes the Easterseals/CAI Volleyball Challenge occurring March 8 at University of Delaware Carpenter Sports Building, an event that raises funds for an organization providing services and support to Delawareans with disabilities and senior citizens and their families.
Maddy summaryThis House Concurrent Resolution (HCR 5) designates January 23, 2025, as "Maternal Health Awareness Day" in Delaware. It is a symbolic resolution raising public and professional awareness about maternal health issues, including preventable pregnancy-related deaths and racial disparities. The resolution does not create new laws, funding, or programs - it simply establishes a designated day to highlight existing initiatives like maternal safety bundles and doulas, and to encourage future efforts in maternal care. The bill affects Delaware residents generally by promoting awareness of maternal health challenges.