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 all ingredients and labeling for major food allergens in such form and manner as required pursuant to the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.
STATE OF NEW YORK
________________________________________________________________________
6820--B
2023-2024 Regular Sessions
IN SENATE
May 10, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- 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.
LBD11261-09-4
S. 6820--B 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 all ingredients and labeling for major food allergens in
7 such form and manner as required pursuant to the federal Food Allergen
8 Labeling and Consumer Protection Act of 2004, as amended.
9 § 2. The agriculture and markets law is amended by adding a new
10 section 199-g to read as follows:
11 § 199-g. Allergen labeling for prepackaged foods. 1. As used in this
12 section, the following terms shall have the following meanings:
13 (a) "Prepackaged food" means food that is prepared, prepacked, and
14 offered or sold to customers on the same premises. Prepackaged food does
15 not include food that is not in packaging or is packaged after a custom-
16 er has ordered.
17 (b) "Food establishment" means any place where food is prepared and
18 intended for consumption, including retail food stores, as defined in
19 section five hundred of this chapter.
20 (c)(i) "Major food allergen" means:
21 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,
22 sesame, and soybeans; and
23 (B) a food ingredient that contains protein derived from a food named
24 in clause (A) of this subparagraph.
25 (ii) "Major food allergen" does not include:
26 (A) any highly refined oil derived from a food specified in clause (A)
27 of subparagraph (i) of this paragraph or any ingredient derived from
28 such highly refined oil; or
29 (B) any ingredient that is exempt under the petition or notification
30 process specified in the federal Food Allergen Labeling and Consumer
31 Protection Act of 2004, as amended.
32 2. Every food establishment shall label all prepackaged food with a
33 written notification on the package or on a label attached to the pack-
34 age identifying all ingredients and labeling for major food allergens in
35 such form and manner as required pursuant to the federal Food Allergen
36 Labeling and Consumer Protection Act of 2004, as amended.
37 § 3. This act shall take effect one year after it shall have become a
38 law.
