What's happening
This bill requires public eating establishments to educate staff about food allergens and inform customers about allergen risks.
Why it matters
Enhances public safety by requiring food establishments to proactively educate staff about the risks and symptoms of severe food allergies, potentially reducing the risk of accidental exposure and improving emergency response.
Mandates clear communication to customers about the presence of allergens in menu items and the risk of cross-contamination, empowering individuals with food allergies to make safer dining choices.
Directs the commissioner of health to provide standardized, state-approved allergen information and set rules for its distribution or posting, ensuring consistency and up-to-date practices across all public eating establishments.
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Who cares
Headline styles
Educate Restaurants on Allergens
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Reported and committed to finance
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Educate Restaurants on Food Allergens
In Assembly Committee · Ways And Means · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2858
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sens. PARKER, ADDABBO, AVELLA, 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 Assembly, do enact as follows:
Section 1. The section heading of section 1352-b of the public health law, as added by chapter 613 of the laws of 1980, is amended to read as follows:
Public eating establishments; first aid instructions concerning food lodged in throat; food allergen information; liability.
§ 2. Subdivisions 3, 4 and 5 of section 1352-b of the public health law are renumbered subdivisions 4, 5 and 6 and a new subdivision 3 is added to read as follows:
3. Food allergen information for proprietors and employees of public eating establishments. a. The commissioner shall adopt and approve information to educate proprietors and employees of public eating establishments about the dangers of severe food allergens to food allergic individuals. Such information shall include but not be limited to: the need to inform customers of the presence of such allergens in food or meals on the menu or through verbal descriptions; the possibility of cross-contamination of a food with an allergen during food preparation and the need to inform customers of that possibility; and, the symptoms of severe allergic reactions to food and the need for rapid response to such emergencies.
b. The commissioner shall, as soon as practicable, supply to the proprietor of every public eating establishment in this state such adopted and approved information and develop regulations for distribution or posting of such information.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06221-01-7
S. 2858 2
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately the commissioner of health may promulgate any rule or regulation necessary for the timely implementation of this act on its effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to food allergen information
Purpose of bill
To educate proprietors and employees of public eating establishments about the dangers of severe food allergens to food allergic people.
Effects of present law which this bill would alter
Amends section heading 1352b of the Public Health Law to add food allergen information. Adds a new subdivision 3 to section 1352-b of the Public Health Law requiring information about the danger of severe food allergens to food allergic individuals be provided to proprietors and employees of food establishments.
Read the full memo (644 words)
Summary of specific provisions
The Commissioner would adopt and approve information to educate proprietors and employees of public eating establishments about the dangers of severe food allergens to food allergic individuals. Such information shall include, but not be limited. to: The need to inform customers of the presence of allergens in food or meals on the menu or through verbal descriptions; the possibility of cross-contamination of a food with an allergen during food preparation and the need to inform customers of that possibility; and, the symptoms of severe allergic reactions to food and the need for rapid response to such emergencies.
The Commissioner would then supply the information to the proprietor of every public eating establishment in New York State and develop regulations for distributing or posting such information.
Justification
Nearly 11 million Americans suffer from food allergies, including approximately 2 million school-aged children. All of these individuals are at risk for potentially life-threatening allergic reactions resulting in over 30,000 emergency room admissions each year and between 150 and 200 annual deaths; many of these are young children and young adults. Eight foods account for 90% of all reactions in the U.S.: milk, eggs, peanuts, tree nuts (walnuts, almonds, cashews, pistachios, pecans, etc.), wheat, soy, fish, and shellfish. Because trace amounts of these foods can cause a reaction it is imperative that parents and children can easily identify and avoid those products.
Although many allergic individuals or their parents are extremely careful about foods they eat or prepare there are times when they must rely on others to inform them of the presence of dangerous allergens. When they eat at a restaurant, a cafeteria, or a catered event they usually ask the server or the food preparer if any dangerous ingredients may be present in the food item or used in the kitchen. Owners and employees of such establishments must know how important it is to answer those questions fully and accurately, even if it means admitting they can't be sure.
Because this can be a matter of life and death, the Health department should prepare an explanation of the dangers of severe allergens, the importance of informing customers about their potential presence, the severity of the allergic reactions, and the need to respond quickly if there is a severe reaction. This information can be communicated easily to owners and employees to help reduce the risks of illness or death much the same way food establishments post signs for choking. Information about allergic reactions does not need to be posted for the general public but all workers who prepare or serve food should know what they can do to protect allergic people, especially children.
Legislative history
2015/16: S.1068 - Reported and Committed to Finance 2013/14: S.3199 - Reported and Committed to Finance; 2011/12: A.1062 - Referred to Health, Passed Assembly 2009/10: A.5925/A.7622 - Referred to Health 2005/06: A.8066 - Referred to Health 2007/08: A.50B6 - Referred to Health
Fiscal implications for state and local governments
Costs to the State of preparing and distributing information.
Effective date
180 days after it becomes a law, provided that any rule or regulation necessary for the timely implementation of this act has been promulgated by the Commissioner of Health.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.