Requires gluten cross contamination safeguards in food establishments owned, operated or leased by any department or agency of the state

BILL NUMBER:S4283

Title of bill

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

Purpose

To provide safety for those with food allergies and/or celiac disease who are served through food establishments owned, operated or leased by the state or the state university of New York

Summary of specific provisions

Section 1: All state departments and agencies, and the state university of New York, shall place a contract provision in all renewal contracts and new contracts for the operation of a food service establishment, requiring the use of reasonable precautions to avoid gluten cross-contamination.

Section 2: The commissioner of health shall promulgate rules, in consultation with the commissioner of education, specifying reasonable methods to avoid cross-contamination of gluten-free food by food containing gluten.

Section 3: The commissioner of education shall promulgate rules, in consultation with the commissioner of health, specifying. reasonable methods to avoid cross-contamination of gluten-free food by food containing gluten.

Section 4: This act shall take effect on the thirtieth day after it becomes law.

Justification

Approximately 15% of the United States population suffers from gluten intolerance of one form or another, ranging from gluten sensitivity* to Celiac disease.** Celiac disease is a digestive disease that damages the small intestine and interferes with absorption of nutrients from food. Celiac disease affects people in all parts of the world. Originally thought to be a rare childhood syndrome, celiac disease is now known to be a common genetic disorder. It is also

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* See, http://en.wikipedia.org/wiki/Gluten sensitivity, last visited 3/18/2013.

**#See, http://www.mayoclinic.com/health/celiac-disease/DS00319/DSECTION=causes, last visited 3/18/2013.

becoming more prevalent***, as gluten is now used in a far wider variety of foods than in previous years.

More than two million people in the United States have the disease, or about 1 in 133 people. People who have celiac disease cannot tolerate gluten, a protein present in wheat, rye, and barley. Gluten is found mainly in foods, but may also be found in everyday products such as medicines, vitamins and lip balms.

In order to diminish or eliminate the symptoms of gluten intolerance, gluten sensitivity and celiac sufferers may adopt a gluten free diet****. Although some persons with non-celiac gluten intolerance are not affected by gluten cross-contamination of their gluten-free food,***** it is safest to take careful measures to avoid cross contamination.

This bill will require the contractor or vendor operating a food service establishment in a state-owned, operated or leased building to take reasonable precautions to avert the cross-contamination of gluten-free foods prepared by such establishment by food containing gluten.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.