A01027 Summary:

SPONSORRosenthal L (MS)
COSPNSRSteck, Arroyo, D'Urso, Stern, Brabenec, Magnarelli, Barron, Reyes, Lavine, Taylor, Sayegh, DeStefano, Gottfried, Abinanti, Simon, Miller ML
Add 1352-f, Pub Health L
Relates to allergy awareness and training in restaurants; requires allergen awareness training; certification within thirty days after hire date.
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A01027 Actions:

01/14/2019referred to health
06/05/2019amend and recommit to health
06/05/2019print number 1027a
01/08/2020referred to health
01/17/2020amend and recommit to health
01/17/2020print number 1027b
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A01027 Committee Votes:

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A01027 Floor Votes:

There are no votes for this bill in this legislative session.
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A01027 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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.
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A01027 Text:

                STATE OF NEW YORK
                               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.

        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.
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