NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1027b
SPONSOR: Rosenthal L (MS) TITLE OF BILL:
An act to amend the public health law, in relation to allergy awareness
and training in restaurants
PURPOSE:
This bill ensures that customers with allergies are safe when visiting a
restaurant and that certain restaurant staff members are knowledgeable
regarding allergens.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law by adding a new section 1352-f.
Section two sets forth the effective date.
JUSTIFICATION:
Thousands of individuals who suffer from food allergies may be avoiding
dining at restaurants for fear that restaurant personnel may not be
trained properly in food allergy awareness. Many feel limited as they
unfortunately refrain from visiting restaurants due to the frightening
possibility of anaphylaxis. This legislation would establish a system
of training select restaurant personnel on how to handle food prepara-
tion when a customer has food allergies. Many courses currently exist
that would satisfy this requirement, including one initiated by one of
the most prominent food allergy associations, Food Allergy Research and
Education (FARE). The National Restaurant Association encourages
instruction in this subject area as well and has assisted in creating a
comprehensive, interactive training course designed to make employees
more conscientious and careful.
LEGISLATIVE HISTORY:
2017-18: A.329 - Referred to Health
2015-16: A.749 - Referred to Health
2013-14: A.8485 - Referred to Health
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect on ninetieth day after it shall have become
a law; provided that the commissioner of health is authorized to promul-
gate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date, on or before such
date.
STATE OF NEW YORK
________________________________________________________________________
1027--B
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL, STECK, ARROYO, D'URSO, STERN,
BRABENEC, MAGNARELLI, BARRON, REYES -- Multi-Sponsored by -- M. of A.
EPSTEIN -- read once and referred to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted 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
AN ACT to amend the public health law, in relation to allergy awareness
and training in restaurants
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 1352-f to read as follows:
3 § 1352-f. Allergy awareness and training in restaurants. 1. Defi-
4 nitions. (a) "Major food allergen" shall mean (i) milk, eggs, fish (such
5 as bass, flounder, or cod); crustaceans (such as crab, lobster, or
6 shrimp); tree nuts (such as almonds, cashews, pecans, pistachios, or
7 walnuts), wheat, peanuts, sesame, and soybeans; and (ii) a food ingredi-
8 ent that contains protein derived from a food named in subparagraph (i)
9 of this paragraph. This does not include: (1) any highly refined oil
10 derived from a food specified in subparagraph (i) of this paragraph or
11 any ingredient derived from such highly refined oil; or (2) any ingredi-
12 ent that is exempt under the petition or notification process specified
13 in the federal food allergen labeling and consumer protection act of
14 2004.
15 (b) "Menu" shall mean a printed or pictorial display of a food item or
16 items and their price or prices that are available for sale from a food
17 establishment. This includes menus distributed or provided outside the
18 establishment and promotional items that include menu information from
19 which a customer can place an order.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00523-06-0
A. 1027--B 2
1 (c) "Menu board" shall mean any list or pictorial display of a food
2 item or items and their price or prices posted within or outside a food
3 establishment.
4 (d) "Approved training provider" shall mean a training provider that
5 has been approved by the director to provide training and assessment of
6 allergen awareness for food service managers.
7 (e) "Food safety manager" shall mean a managerial employee designated
8 by his or her employer to complete allergen awareness training and to
9 obtain a certificate of allergen awareness training pursuant to the
10 requirements of this section.
11 2. General requirements. (a) All food safety managers hired by a food
12 service establishment that cooks, prepares, or serves food intended for
13 immediate consumption either on or off the premises shall complete
14 allergen awareness training and pass an assessment from an approved
15 training provider to obtain a certificate of allergen awareness training
16 prior to or within thirty days after his or her hire date.
17 (b) Such food establishments shall include on all printed menus and
18 menu boards a clear and conspicuous notice requesting a customer notify
19 the server, before placing an order, about the customer's allergy to a
20 major food allergen. The notice shall state: "Before placing your order,
21 please inform your server if a person in your party has a food allergy."
22 (c) The notice must be included on printed menus and on indoor and
23 outdoor menu boards, including drive-through menu boards.
24 (d) All notices on menu boards must be easily readable from the point
25 of service at which food is ordered. On the menu board itself, the font
26 size of the notice must be equal to or greater than the font size of the
27 smallest menu item listed on the menu board.
28 (e) In lieu of placing the notice directly on the indoor or outdoor
29 menu board itself, the food establishment may post the notice adjacent
30 to the menu or at each point of service where food is ordered. Such
31 notice must be securely posted in a manner so that it may be easily seen
32 and read from a distance of five feet by a person standing at or
33 approaching the point of service, shall directly face the purchaser, and
34 shall not be obstructed from view.
35 3. Food allergen awareness training. (a) Food service establishments
36 shall have on staff managers who have been issued a certificate of
37 allergen awareness training by an approved training provider as quali-
38 fied by the department. The certificate will be valid for five years.
39 (b) An approved training provider shall:
40 (i) demonstrate knowledge of major food allergens by posting the food
41 allergen awareness training certificate issued by an approved training
42 provider;
43 (ii) ensure that designated food safety managers are properly trained
44 in food allergy awareness as it is related to their assigned duties; and
45 (iii) ensure that at least one food safety manager with a certificate
46 of allergen awareness training is on site during all hours of operation.
47 4. Certificate renewal. (a) Certificates of allergen awareness train-
48 ing shall be renewed every five years by completing an allergen aware-
49 ness training course, as qualified by the department.
50 (b) The commissioner shall promulgate rules and regulations to estab-
51 lish a qualifying program to designate approved training providers.
52 5. Food allergy aware designation. (a) The commissioner shall develop
53 a program for restaurants to be designated as "food allergy aware" and
54 shall maintain a listing of restaurants receiving such designation on
55 its website. Participation in the program shall be voluntary and the
56 department shall, in consultation with the New York state restaurant
A. 1027--B 3
1 association, issue guidelines and requirements for restaurants to
2 receive such designation, provided that such requirements shall include,
3 but not be limited to, maintaining on the premises, and making available
4 to the public, a master list of all the ingredients used in the prepara-
5 tion of each food item available for consumption.
6 (b) No earlier than twelve months and no later than twenty-four months
7 after the effective date of this section, the commissioner, in consulta-
8 tion with the New York state restaurant association, shall submit a
9 report to the clerks of the assembly and the senate, which shall include
10 analysis of the impact of this section. The report shall include, but
11 not be limited to, compliance of restaurants with this section, and
12 proposed changes to this section consistent with the public health and
13 welfare.
14 6. Exemptions. Food service establishments having twenty or more
15 locations and that otherwise require staff to complete a nationally
16 recognized food safety training program with an allergen awareness
17 component which meets the standards of the allergen awareness training
18 required by this section shall be exempted from the provisions of this
19 section.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law; provided that the commissioner of health is author-
22 ized to promulgate any and all rules and regulations and take any other
23 measures necessary to implement this act on its effective date, on or
24 before such date.
