STATE OF NEW YORK
________________________________________________________________________
1217
2023-2024 Regular Sessions
IN SENATE
January 10, 2023
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to requiring food
service establishments to make deliveries of food in tamper evident
packaging
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1352 of the public health law is amended by adding
2 a new subdivision 5 to read as follows:
3 5. (a) For purposes of this subdivision, the term "tamper evident
4 packaging" shall mean packaging having one or more indicators or barri-
5 ers to entry which, if breached or missing, can reasonably be expected
6 to provide visible evidence to consumers that tampering has occurred.
7 (b) Any food service establishment doing business in this state which
8 offers food for delivery shall package and deliver such food in tamper
9 evident packaging. Such packaging shall also include a label with the
10 words "Sealed for your protection. Do not consume if broken or missing".
11 The provisions of this section shall apply to all food deliveries made
12 by a food service establishment, including, but not limited to, food
13 deliveries made by a food delivery service.
14 (c) Any food service establishment in violation of this subdivision
15 shall be subject to a civil fine in the amount of two hundred fifty
16 dollars for each violation.
17 (d) The commissioner is authorized to promulgate rules and regulations
18 necessary for the implementation of this subdivision.
19 § 2. This act shall take effect on the one hundred twentieth day after
20 it shall have become a law. Effective immediately, the addition, amend-
21 ment and/or repeal of any rule or regulation necessary for the implemen-
22 tation of this act on its effective date are authorized to be made and
23 completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03328-01-3
