STATE OF NEW YORK
________________________________________________________________________
5726
2019-2020 Regular Sessions
IN SENATE
May 13, 2019
___________
Introduced by Sens. BENJAMIN, SEPULVEDA -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Health
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 pictoral 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 pictoral 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) the procedures to be followed to prevent cross contact; and
20 (c) the procedure to be followed if a customer has an allergic
21 reaction, including a recommendation regarding the circumstances in
22 which to call 911.
23 3. Every food service establishment shall post the notice containing
24 information on food allergies established pursuant to subdivision two of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11696-01-9
S. 5726 2
1 this section in a conspicuous location accessible to all employees
2 involved in the preparation or service of food, in at least one of the
3 languages spoken by each employee to the extent such languages are among
4 those in which the department makes the notice available pursuant to
5 subdivision two of this section.
6 4. The commissioner shall make available on the department's website,
7 in the top six languages other than English spoken in the state accord-
8 ing to the latest available data from the United States Census Bureau, a
9 translation of the following: "If you have a food allergy, please notify
10 us."
11 5. Every food service establishment operating in New York state that
12 makes available a menu shall include in a conspicuous manner on such
13 menu the following: "If you have a food allergy, please notify us." If
14 such menu is available in a language other than English for which the
15 department makes a translation available pursuant to subdivision four of
16 this section, such food service establishment shall also include such
17 translation in a conspicuous manner. Every food service establishment
18 that makes available a menu on the internet shall provide a method by
19 which a customer may indicate any food allergy such customer has.
20 6. Any food service establishment that violates the provisions of this
21 section or any of the rules or regulations promulgated hereunder shall
22 be liable for a civil penalty not to exceed one hundred twenty-five
23 dollars for each violation.
24 § 2. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law.
