STATE OF NEW YORK
________________________________________________________________________
4685
2023-2024 Regular Sessions
IN SENATE
February 13, 2023
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the state finance law, the public health law and the
education law, in relation to requiring gluten cross-contamination
safeguards in food establishments owned, operated or leased by any
department or agency of the state or the state university of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 146-a to read as follows:
3 § 146-a. Contracts for food service establishments. Notwithstanding
4 any other provisions of law, all new contracts, renewal contracts or
5 change orders for an existing contract made and awarded by any depart-
6 ment or agency of the state or the state university of New York, for the
7 operation of a food service establishment, shall contain a provision
8 requiring the contractor or vendor operating such establishment in a
9 state-owned, operated or leased building to take reasonable precautions
10 to avert the cross-contamination of gluten-free foods prepared by such
11 establishment by food containing gluten.
12 § 2. Section 206 of the public health law is amended by adding a new
13 subdivision 32 to read as follows:
14 32. The commissioner, in consultation with the commissioner of educa-
15 tion, shall promulgate rules and regulations specifying reasonable meth-
16 ods to avert the cross-contamination of gluten-free foods by foods
17 containing gluten during the preparation of such food in cafeterias and
18 restaurants or any other food establishment operated by a vendor or
19 contractor on properties owned, operated or leased by any department or
20 agency of the state or the state university of New York.
21 § 3. The education law is amended by adding a new section 101-c to
22 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06000-01-3
S. 4685 2
1 § 101-c. Rules and regulations; gluten cross-contamination prevention.
2 The commissioner, in consultation with the commissioner of health, shall
3 promulgate rules and regulations specifying reasonable methods to avert
4 the cross-contamination of gluten-free foods by foods containing gluten
5 during the preparation of such food in cafeterias and restaurants or any
6 other food establishment operated by a vendor or contractor on proper-
7 ties owned, operated or leased by the state university of New York.
8 § 4. This act shall take effect on the thirtieth day after it shall
9 have become a law. Effective immediately, the addition, amendment, or
10 repeal of any rule or regulation necessary for the implementation of
11 this act on its effective date are authorized to be made and completed
12 on or before such effective date.
