STATE OF NEW YORK
________________________________________________________________________
5385
2021-2022 Regular Sessions
IN SENATE
March 3, 2021
___________
Introduced by Sens. PARKER, ADDABBO, BAILEY -- 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 food allergen
information
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading of section 1352-b of the public health
2 law, as added by chapter 613 of the laws of 1980, is amended to read as
3 follows:
4 Public eating establishments; first aid instructions concerning food
5 lodged in throat; food allergen information; liability.
6 § 2. Subdivisions 3, 4 and 5 of section 1352-b of the public health
7 law are renumbered subdivisions 4, 5 and 6 and a new subdivision 3 is
8 added to read as follows:
9 3. Food allergen information for proprietors and employees of public
10 eating establishments. a. The commissioner shall adopt and approve
11 information to educate proprietors and employees of public eating estab-
12 lishments about the dangers of severe food allergens to food allergic
13 individuals. Such information shall include but not be limited to: the
14 need to inform customers of the presence of such allergens in food or
15 meals on the menu or through verbal descriptions; the possibility of
16 cross-contamination of a food with an allergen during food preparation
17 and the need to inform customers of that possibility; and, the symptoms
18 of severe allergic reactions to food and the need for rapid response to
19 such emergencies.
20 b. The commissioner shall, as soon as practicable, supply to the
21 proprietor of every public eating establishment in this state such
22 adopted and approved information and develop regulations for distrib-
23 ution or posting of such information.
24 § 3. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law. Effective immediately the addition, amend-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09336-01-1
S. 5385 2
1 ment and/or repeal of any rule or regulation necessary for the implemen-
2 tation of this act on its effective date are authorized to be made and
3 completed on before such date.
