What's happening
This bill requires all food deliveries in New York to be packaged in tamper-evident packaging with a warning label, with violations subject to a civil fine.
Why it matters
Increases consumer food safety and trust. Requiring tamper-evident packaging directly addresses concerns about food tampering during delivery, potentially decreasing incidents of contamination or tampering and giving consumers more confidence in ordering food.
Imposes new operational requirements and costs on food businesses. Restaurants and delivery services will need to purchase and implement compliant packaging and labeling, which could increase their operational costs and require updates to their delivery procedures.
Standardizes food delivery practices across the state. By mandating a uniform warning label and packaging standards, the bill aims to ensure consistent safety measures regardless of the food service provider or delivery platform, reducing confusion and variability for consumers.
Empowers regulatory enforcement. The law authorizes the state health commissioner to issue detailed regulations and enforces compliance through civil fines, giving the state tools to monitor, guide, and penalize noncompliant establishments.
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Who cares
Restaurants and other food service establishments
Those offering delivery would have to use tamper-evident packaging with a specified warning label or face a $250 civil fine for each violation.
Food delivery services
Deliveries they make for food service establishments would also have to meet the packaging and labeling requirements.
Customers ordering food for delivery
They would receive packaging designed to show visible evidence of tampering and a warning not to consume food if the seal is broken or missing.
State health commissioner
The bill would authorize the commissioner to issue rules and regulations needed to implement the requirements.
Headline styles
Seal Food Deliveries
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7644
IN SENATE
February 3, 2020
Introduced by Sen. COMRIE -- 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 requiring food service establishments to make deliveries of food in tamper evident packaging
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1352 of the public health law is amended by adding a new subdivision 5 to read as follows:
5. (a) For purposes of this subdivision, the term "tamper evident packaging" shall mean packaging having one or more indicators or barriers to entry which, if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred.
(b) Any food service establishment doing business in this state which offers food for delivery shall package and deliver such food in tamper evident packaging. Such packaging shall also include a label with the words "Sealed for your protection. Do not consume if broken or missing". The provisions of this section shall apply to all food deliveries made by a food service establishment, including, but not limited to, food deliveries made by a food delivery service.
(c) Any food service establishment in violation of this subdivision shall be subject to a civil fine in the amount of two hundred fifty dollars for each violation.
(d) The commissioner is authorized to promulgate rules and regulations necessary for the implementation of this subdivision.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15027-01-0
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 requiring food service establishments to make deliveries of food in tamper evident packaging
Purpose or general idea of bill
The purpose for this bill is to address a food safety concern regarding food delivery tampering by providing visible evidence to consumers about the condition of their food. When consumers see a food delivery with broken or damaged tamper evident packaging, they are alerted the food may have been altered in some way. This bill prevents unauthorized unwrapping, as it is impossible to access the container without disturb- ing the packaging.
Summary of provisions
This bill would require any food service establishments offering food deliveries, to package and deliver such food in tamper evident packag- ing. The term "tamper evident packaging" means packaging having one or more indicators or barriers to entry, which if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred. Such packaging shall also include a label with the words, "Sealed for your protection. Do not consume if broken or missing". This form of packaging prevents unauthorized food tampering, as it is impossible to access the container without disturbing the barrier.
The provision applies to all food deliveries made by the food service establishment, including, but not limited to food deliveries made by a food delivery service. Any food establishment in violation of this subdivision shall be subject to a civil fine in the amount of two hundred fifty dollars for each violation.
Justification
There is currently no standardized way to address delivery food tamper- ing as a food safety concern. Food delivery is no longer a luxury, but to many individuals a necessity on busy days or a lifesaver for people living with chronic illness and disability. As food delivery trends increase in New York State, evidence regarding the tampering of food during delivery have also been on the rise.
A study conducted by US Foods found that one in four food delivery driv- ers admitted to stealing a bite of food from their customer's order. The same study found that 85 percent of customers would like to see tamper- proof seals on the food to the prevent drivers from digging in.
The incorporation of "tamper evident packaging" addresses this issue by requiring any food service establishments offering food deliveries, to package and deliver such food with one or more indicators or barriers to entry, which if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred. Such packaging shall also include a label with the words, "Sealed for your protection. Do not consume if broken or missing". The bill discourages unauthorized unwrapping, and informs the customer if the food delivery was tampered with between the moment it was packaged to the moment it was delivered to their door.
This is an efficient and cost effective method to prevent unauthorized food tampering by imposing a duty of care on food service establishments and food delivery services.
Legislative history
None.
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the one hundred twentieth day after it has become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.