What's happening
This bill requires New York food service establishments and online menus to provide food allergy notices and procedures, with penalties for noncompliance.
Why it matters
Improves food allergy safety for customers. by requiring food establishments and online menus to clearly notify patrons about allergy risks and encourage disclosure, making it less likely someone will unknowingly consume an allergen.
Mandates staff training and procedures. , as establishments must post Department of Health-approved notices (in multiple languages) about how to respond to allergy disclosures, prevent cross-contact, and handle allergic reactions—potentially reducing the severity and frequency of dangerous incidents.
Increases accessibility and equity. by requiring notices and menu warnings in the top six non-English languages spoken in New York, making critical health information available to more diverse communities.
Establishes financial penalties for noncompliance. , giving food businesses a direct incentive to comply with allergy notification requirements and improving overall accountability in the industry.
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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
- Returned to senate
- Died in assembly
- Ordered to third reading rules cal.94
- Substituted for A1307A
- Referred to codes
- Delivered to assembly
- Passed senateVote 53–9
- Ordered to third reading cal.1164
- Committee discharged and committed to rules
- 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.
Require Food Allergy Warnings
Assembly Floor Calendar · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5726
2019-2020 Regular Sessions
IN SENATE
May 13, 2019
Introduced by Sens. BENJAMIN, 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.
LBD11696-01-9
S. 5726 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 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.
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 new section 1356. Section 1356 begins by defining "Food service establishment" and "Menu", then directs the commissioner to make available on the department's website a notice containing information for staff of food service estab- lishments regarding food allergies. Additionally, this bill directs the commissioner to make available a message asking customers to notify restaurants of their allergy in multiple languages. Food service estab- lishments are also required to post notices containing information on food allergies and asking customers to notify them of any possible allergies via the internet. Finally, this bill includes provisions that make food service establishments that violate the rules and regulations put forth in the bill subject to a fine.
Section two sets forth the effective date.
Existing law
No such provision.
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 establishments, including the eight most common allergy-causing foods, how kitchen staff and servers can prevent cross-contact, 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 acces- sible 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
New bill.
Fiscal implications
Undetermined.
Local fiscal implications
Undetermined.
Effective date
This act shall take effect in 180 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.