What's happening
This bill requires food service establishments and online menus to post food allergy notices and provide procedures to prevent allergic reactions.
Why it matters
Improves public safety for people with food allergies. by requiring clear, visible allergy notices in multiple languages and mandating staff awareness of procedures, which can help prevent accidental allergen exposure and severe reactions.
Mandates staff training and accountability. , as establishments must post detailed instructions for employees on how to respond to allergy notifications, prevent cross-contact, and handle allergic reactions, ensuring a more standardized approach across the state.
Expands protections to online food ordering. , requiring websites and digital menus to both display allergy notices and provide a way for customers to communicate their allergies, addressing the growing trend of online food purchases.
Promotes accessibility and inclusivity. by requiring all notices and procedures to be available in the top six non-English languages spoken in New York, helping ensure that non-English-speaking workers and customers are equally protected.
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Who cares
Headline styles
Require Food Allergy Warnings
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.66
- Substituted by S5726
- Ordered to third reading rules cal.94
- Rules report cal.94
- Reported
- Reported referred to rules
- Reported referred to codes
- Print number 1307a
- Amend and recommit to consumer affairs and protection
- Referred to consumer affairs and protection
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.
Require Food Allergy Warnings
In Senate Committee · Health · Sponsor Brian Benjamin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1307--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. L. ROSENTHAL, STECK, D'URSO, ARROYO, STERN, BRABENEC, LAVINE -- Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 1356 to read as follows:
§ 1356. Food allergies notice in food service establishments and online food ordering services. 1. Definitions. (a) "Food service establishment" shall mean a restaurant, catering hall, or grocery store where food is prepared and served either on or off site.
(b) "Menu" shall mean a list or pictoral display of a prepared food item or items available for sale from a food establishment for the purpose of permitting a customer to order such food item or items, including such list or pictoral display posted on the internet for a customer to place food orders for delivery or take out.
2. The commissioner shall make available on the department's website, in English and in the top six languages other than English spoken in the state according to the latest available data from the United States Census Bureau, a notice containing information for staff of food service establishments regarding food allergies. Such notice shall include:
(a) the procedures to be followed if a customer informs staff of such food service establishment that such customer has a food allergy;
(b) the procedures to be followed to prevent cross contact; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00531-03-9
A. 1307--A 2
(c) the procedure to be followed if a customer has an allergic reaction, including a recommendation regarding the circumstances in which to call 911.
3. Every food service establishment shall post the notice containing information on food allergies established pursuant to subdivision two of this section in a conspicuous location accessible to all employees involved in the preparation or service of food, in at least one of the languages spoken by each employee to the extent such languages are among those in which the department makes the notice available pursuant to subdivision two of this section.
4. The commissioner shall make available on the department's website, in the top six languages other than English spoken in the state according to the latest available data from the United States Census Bureau, a translation of the following: "If you have a food allergy, please notify us."
5. Every food service establishment operating in New York state that makes available a menu shall include in a conspicuous manner on such menu the following: "If you have a food allergy, please notify us." If such menu is available in a language other than English for which the department makes a translation available pursuant to subdivision four of this section, such food service establishment shall also include such translation in a conspicuous manner. Every food service establishment that makes available a menu on the internet shall provide a method by which a customer may indicate any food allergy such customer has.
6. Any food service establishment that violates the provisions of this section or any of the rules or regulations promulgated hereunder shall be liable for a civil penalty not to exceed one hundred twenty-five dollars for each violation.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.