What's happening
This bill requires New York food service establishments and online ordering services to post food allergy notices and provide related staff procedures.
Why it matters
Improves safety for people with food allergies. by requiring clear notices and procedures in food service establishments, helping prevent accidental exposure and supporting quicker emergency responses if a reaction occurs.
Mandates staff awareness and training. through prominently posted, multilingual notices outlining steps for handling allergy-related customer requests, reducing the risk of cross-contact and miscommunication.
Expands accessibility and clarity. by ensuring allergy warnings and information are available in the top six non-English languages spoken in New York, making it easier for non-English speakers to communicate their needs.
Holds businesses accountable. by imposing civil penalties for non-compliance, incentivizing food establishments and online services to prioritize allergy safety and customer communication.
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Who cares
Headline styles
Require Food Allergy Warnings
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1432
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. RITCHIE, SEPULVEDA -- 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 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
(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00531-01-9
S. 1432 2
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 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to food allergy awareness in food service establishments and online food ordering services
Purpose
This bill requires food service establishments to display a food-allergy awareness poster in all staff areas, and require the labeling of the 8 major food allergens on all food service establishment or internet-based food delivery service menus or on a separate allergy menu.
Summary of provisions
Section one amends the public health law by adding a new section 1356.
Section two sets forth the effective date.
Justification
For those suffering with severe food allergies, dining out at a restau- rant is a risky experience. Many fear that restaurant personnel may not be properly trained in food allergy awareness, thus increasing the possibility that they will have a dangerous reaction and potentially deadly anaphylaxis.
This bill directs the Department of Health to create a poster containing information on food allergies to be posted in food service establish- ments, including the eight most common allergy-causing foods, how kitch- en staff and servers can prevent cross-contamination, and to call 911 if a customer has an allergic reaction. Every food service establishment will be required to display this poster in an area accessible to all employees involved in the preparation and service of food. Additionally, food service establishments must include food allergen information on their physical and online menus or on a separate allergy menu.
This bill is intended to educate restaurant personnel and ensure that safety mechanisms are utilized in food preparation and service. New York restaurants that embrace the opportunity to meet their customers' specific dietary and health needs will ultimately experience the bene- fits of returning patrons.
Legislative history
2017-2018: S.6425/A.537A.
Fiscal implications
Undetermined
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.