New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A07494 Summary:

A07494 Actions:

A07494 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:03/05/2024AYE/NAY:17/8  Action: Favorable         
Paulin
Aye
Jensen
Nay
Dinowitz
Aye
Byrnes
Nay
Gunther
Aye
Gandolfo
Nay
Rosenthal
Aye
Mikulin
Nay
Hevesi
Aye
Blumencranz
Nay
Steck
Aye
Bendett
Nay
Braunstein
Aye
Gray
Nay
Solages
Aye
McGowan
Nay
Bichotte Hermel
Aye
Sayegh
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Excused
Meeks
Aye

A07494 Floor Votes:

A07494 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7494--B
                                                                Cal. No. 349
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2023
                                       ___________
 
        Introduced by M. of A. LUNSFORD, STIRPE, SHIMSKY, ARDILA, McMAHON, BRON-
          SON,  LAVINE,  GONZALEZ-ROJAS, DICKENS, SIMON, BURDICK, SAYEGH, LEVEN-
          BERG -- read once and referred to the Committee on Health -- recommit-
          ted to the Committee on Health in accordance  with  Assembly  Rule  3,
          sec.  2  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- 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 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11261-08-4
        A. 7494--B                          2
 
     1    (A) any highly refined oil derived from a food specified in clause (A)
     2  of subparagraph (i) of this paragraph or  any  ingredient  derived  from
     3  such highly refined oil; or
     4    (B)  any  ingredient that is exempt under the petition or notification
     5  process specified in the Food Allergen Labeling and Consumer  Protection
     6  Act of 2004, as amended.
     7    2.  Every  food  establishment shall label all prepackaged food with a
     8  written notification on the package or on a label attached to the  pack-
     9  age identifying all ingredients and labeling for major food allergens in
    10  such  form  and manner as required pursuant to the federal Food Allergen
    11  Labeling and Consumer Protection Act of 2004, as amended.
    12    § 2. The agriculture and markets  law  is  amended  by  adding  a  new
    13  section 199-g to read as follows:
    14    §  199-g.  Allergen labeling for prepackaged foods. 1. As used in this
    15  section, the following terms shall have the following meanings:
    16    (a) "Prepackaged food" means food that  is  prepared,  prepacked,  and
    17  offered or sold to customers on the same premises. Prepackaged food does
    18  not include food that is not in packaging or is packaged after a custom-
    19  er has ordered.
    20    (b)  "Food  establishment"  means any place where food is prepared and
    21  intended for consumption, including retail food stores,  as  defined  in
    22  section five hundred of this chapter.
    23    (c)(i) "Major food allergen" means:
    24    (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,
    25  sesame, and soybeans; and
    26    (B)  a food ingredient that contains protein derived from a food named
    27  in clause (A) of this subparagraph.
    28    (ii) "Major food allergen" does not include:
    29    (A) any highly refined oil derived from a food specified in clause (A)
    30  of subparagraph (i) of this paragraph or  any  ingredient  derived  from
    31  such highly refined oil; or
    32    (B)  any  ingredient that is exempt under the petition or notification
    33  process specified in the federal Food  Allergen  Labeling  and  Consumer
    34  Protection Act of 2004, as amended.
    35    2.  Every  food  establishment shall label all prepackaged food with a
    36  written notification on the package or on a label attached to the  pack-
    37  age identifying all ingredients and labeling for major food allergens in
    38  such  form  and manner as required pursuant to the federal Food Allergen
    39  Labeling and Consumer Protection Act of 2004, as amended.
    40    § 3. This act shall take effect one year after it shall have become  a
    41  law.