STATE OF NEW YORK
________________________________________________________________________
2344--A
Cal. No. 385
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. L. ROSENTHAL, STECK, STERN, LAVINE, MAGNARELLI,
REYES, GRIFFIN, BRABENEC, JACKSON, ABINANTI, CARROLL, SEAWRIGHT --
Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to
the Committee on Consumer Affairs and Protection -- recommitted to the
Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
reported from committee, advanced to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to food allergy
awareness in food service establishments and online food ordering
services
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 1356 to read as follows:
3 § 1356. Food allergies notice in food service establishments and
4 online food ordering services. 1. Definitions. (a) "Food service estab-
5 lishment" shall mean a restaurant, catering hall, or grocery store where
6 food is prepared and served either on or off site.
7 (b) "Menu" shall mean a list or pictorial display of a prepared food
8 item or items available for sale from a food establishment for the
9 purpose of permitting a customer to order such food item or items,
10 including such list or pictorial display posted on the internet for a
11 customer to place food orders for delivery or take out.
12 2. The commissioner shall make available on the department's website,
13 in English and in the top six languages other than English spoken in the
14 state according to the latest available data from the United States
15 Census Bureau, a notice containing information for staff of food service
16 establishments regarding food allergies. Such notice shall include:
17 (a) the procedures to be followed if a customer informs staff of such
18 food service establishment that such customer has a food allergy;
19 (b) any procedures to be followed to prevent cross contact; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00536-05-2
A. 2344--A 2
1 (c) the procedure to be followed if a customer has an allergic
2 reaction, including a recommendation regarding the circumstances in
3 which to call 911.
4 3. Every food service establishment shall post the notice containing
5 information on food allergies established pursuant to subdivision two of
6 this section in a conspicuous location accessible to all employees
7 involved in the preparation or service of food, in at least one of the
8 languages spoken by each employee to the extent such languages are among
9 those in which the department makes the notice available pursuant to
10 subdivision two of this section.
11 4. The commissioner shall make available on the department's website,
12 in the top six languages other than English spoken in the state accord-
13 ing to the latest available data from the United States Census Bureau, a
14 translation of the following: "If you have a food allergy, please notify
15 us."
16 5. Every food service establishment operating in New York state that
17 makes available a menu shall include in a conspicuous manner on each
18 menu or the assembly upon which the menu or menus are included, the
19 following: "If you have a food allergy, please notify us." If such
20 menu is available in a language other than English for which the depart-
21 ment makes a translation available pursuant to subdivision four of this
22 section, such food service establishment shall also include such trans-
23 lation in a conspicuous manner. Every food service establishment that
24 makes available a menu on the internet shall also include on such menu a
25 food allergy notification to customers and provide a method by which a
26 customer may indicate any food allergy such customer has.
27 6. Any food service establishment that violates the provisions of this
28 section or any of the rules or regulations promulgated hereunder shall
29 be liable for a civil penalty not to exceed one hundred twenty-five
30 dollars for each violation.
31 § 2. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law.
