Simon, Magnarelli, Steck, Carroll P, Sayegh, Slater, Shimsky, Rosenthal, Lee
MLTSPNSR
Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying any ingredient with which a product is made that constitutes a major food allergen.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6558A
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the public health law and the agriculture and markets
law, in relation to requiring allergen labeling for prepackaged foods
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires allergen labeling for prepackaged foods.
SUMMARY OF PROVISIONS:
Section 1 amends the public health law by adding a new section 1357
which will require allergen labeling on all food that is prepared,
prepacked, and offered or sold to customers on the same premises. The
labeling will require written notification on the package or on a label
attached to the package identifying and labeling major food allergens in
the form and manner required by the federal Food Allergen Labeling and
Consumer Protection Act of 2004.
Section 2 amends the agriculture and markets law by adding a new section
199-g to apply these labeling requirements to retail food stores.
Section 3 sets forth the effective date.
JUSTIFICATION:
Individuals living with food allergies rely on allergen labeling to make
safe and informed decisions about the food they consume. When major food
allergens are not labeled or are mislabeled, there is a risk that an
individual with a food allergy may mistake this food to be allergen-
free, which can result in severe side effects if consumed.
Currently, the Food and Drug Administration (FDA) regulations require
major food allergens to be labeled on prepacked food, but this require-
ment does not apply to food that is prepared, prepacked, and sold to
customers on the same premises. This legislation will require major food
allergens to be labeled on this type of food, which will protect the
nearly two million New Yorkers living with food allergies.
PRIOR HISTORY:
2024: Similar Bill (A.7494-B/Lunsford) Passed Assembly, 130-18
2023: Similar Bill (A.7494/Lunsford) Died in Health
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6558--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 6, 2025
___________
Introduced by M. of A. LUNSFORD, SIMON, MAGNARELLI, STECK, P. CARROLL --
read once and referred to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law and the agriculture and markets
law, in relation to requiring allergen labeling for prepackaged foods
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1357 to read as follows:
3 § 1357. Allergen labeling for prepackaged foods. 1. As used in this
4 section, the following terms shall have the following meanings:
5 (a) "Prepackaged food" means food that is prepared, prepacked and
6 offered or sold to customers on the same premises. Prepackaged food
7 does not include food that is not in packaging or is packaged after a
8 customer has ordered.
9 (b) "Food establishment" means any place food is prepared and intended
10 for off-premises consumption, including all delis, bakeries, sandwich
11 shops, ice cream parlors, cafeterias and food trucks operating within
12 the state.
13 (c) (i) "Major food allergen" means:
14 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,
15 sesame, and soybeans; and
16 (B) a food ingredient that contains protein derived from a food named
17 in clause (A) of this subparagraph.
18 (ii) "Major food allergen" does not include:
19 (A) any highly refined oil derived from a food specified in clause (A)
20 of subparagraph (i) of this paragraph or any ingredient derived from
21 such highly refined oil; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04386-04-5
A. 6558--A 2
1 (B) any ingredient that is exempt under the petition or notification
2 process specified in the Food Allergen Labeling and Consumer Protection
3 Act of 2004, as amended.
4 2. Every food establishment shall label all prepackaged food with a
5 written notification on the package or on a label attached to the pack-
6 age identifying any ingredient with which a product is made that consti-
7 tutes a major food allergen. Such label need not identify any ingredient
8 that does not constitute a major food allergen under federal or state
9 law.
10 § 2. The agriculture and markets law is amended by adding a new
11 section 199-g to read as follows:
12 § 199-g. Allergen labeling for prepackaged foods. 1. As used in this
13 section, the following terms shall have the following meanings:
14 (a) "Prepackaged food" means food that is prepared, prepacked, and
15 offered or sold to customers on the same premises. Prepackaged food does
16 not include food that is not in packaging or is packaged after a custom-
17 er has ordered.
18 (b) "Food establishment" means any place where food is prepared and
19 intended for consumption, including retail food stores, as defined in
20 section five hundred of this chapter.
21 (c)(i) "Major food allergen" means:
22 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,
23 sesame, and soybeans; and
24 (B) a food ingredient that contains protein derived from a food named
25 in clause (A) of this subparagraph.
26 (ii) "Major food allergen" does not include:
27 (A) any highly refined oil derived from a food specified in clause (A)
28 of subparagraph (i) of this paragraph or any ingredient derived from
29 such highly refined oil; or
30 (B) any ingredient that is exempt under the petition or notification
31 process specified in the federal Food Allergen Labeling and Consumer
32 Protection Act of 2004, as amended.
33 2. Every food establishment shall label all prepackaged food with a
34 written notification on the package or on a label attached to the pack-
35 age identifying any ingredient with which a product is made that consti-
36 tutes a major food allergen. Such label need not identify any ingredient
37 that does not constitute a major food allergen under federal or state
38 law.
39 § 3. This act shall take effect one year after it shall have become a
40 law.
