New York State Assembly

 
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A02344 Summary:

A02344 Actions:

A02344 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:05/11/2021AYE/NAY:12/4  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Nay
Abbate
Aye
McDonough
Nay
Quart
Aye
Miller
Nay
Simon
Aye
Giglio
Nay
Niou
Aye
Pheffer Amato
Aye
Williams
Aye
Fall
Aye
Burgos
Aye
Gallagher
Aye
Rajkumar
Aye
Forrest
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/19/2021AYE/NAY:15/6  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Excused
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:CODES   Chair:Dinowitz      
DATE:02/08/2022AYE/NAY:15/6  Action: Favorable         
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Excused
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye

A02344 Floor Votes:

A02344 Text:

 
                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.