DE SB41

Prohibits the manufacture, sale, delivery, distribution, or offering for sale of food containing Red dye 3 (CAS no. 16423-68-0) in Delaware, applying only to food intended for human consumption

Establishes civil penalties for violations: up to $5,000 plus costs for a first offense, and up to $10,000 plus costs for subsequent offenses, with each day of violation counting as a separate occurrence

Takes effect January 15, 2027, aligning with the federal deadline for removing Red dye 3 from foods following the FDA's revocation of authorization under the Delaney Clause

Removes the previously proposed ban on Red dye 40 that was included in earlier versions of the bill, focusing solely on Red dye 3

Red dye 3 is a petroleum-based synthetic color additive linked to behavioral concerns in children and cancer, currently found in over 9,200 U.S. food products