STATE OF NEW YORK ________________________________________________________________________ 7810 2023-2024 Regular Sessions IN SENATE December 13, 2023 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law and the agriculture and markets law, in relation to food intolerances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1356 of the public health law, as amended by chap- 2 ter 75 of the laws of 2023, is amended to read as follows: 3 § 1356. Food allergies and intolerances notice in food service estab- 4 lishments and online food ordering services. 1. Definitions. For the 5 purposes of this section: 6 (a) "Food service establishment" shall mean a restaurant or catering 7 hall where food is prepared and served either on or off site. 8 (b) "Menu" shall mean a list or pictorial display of a prepared food 9 item or items available for sale from a food establishment for the 10 purpose of permitting a customer to order such food item or items, 11 including such list or pictorial display posted online for a customer to 12 place food orders for delivery or take out. 13 2. The commissioner shall make available on the department's website, 14 in English and in the twelve most common non-English languages spoken by 15 limited-English proficient individuals in the state, based on the data 16 in the most recent American Community Survey published by the United 17 States Census Bureau, a notice containing information for staff of food 18 service establishments regarding food allergies and intolerances. Such 19 notice shall include: 20 (a) the procedures to be followed if a customer informs staff of such 21 food service establishment that such customer has a food allergy or 22 intolerance; 23 (b) any 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. LBD13601-01-3

S. 7810 2 1 (c) the procedure to be followed if a customer has an allergic 2 reaction, including a recommendation regarding the circumstances in 3 which to call 911. 4 3. Every food service establishment shall post the notice containing 5 information on food allergies and intolerances established pursuant to 6 subdivision two of this section in a conspicuous location accessible to 7 all employees involved in the preparation or service of food, in at 8 least one of the languages spoken by each employee to the extent such 9 languages are among those in which the department makes the notice 10 available pursuant to subdivision two of this section. 11 4. The commissioner shall make available on the department's website, 12 in the twelve most common non-English languages spoken by limited-Engl- 13 ish proficient individuals in the state, based on the data in the most 14 recent American Community Survey published by the United States Census 15 Bureau, (a) a translation of the following: "If you have a food allergy 16 or intolerance, please notify us."; and (b) a food allergy or intoler- 17 ance message that food service establishments may use to inform custom- 18 ers about allergy and intolerance information for prepared food items. 19 5. Every food service establishment operating in New York state that 20 makes available a menu shall include in a conspicuous manner on each 21 menu or the assembly upon which the menu or menus are included, either, 22 (a) the following notice: "If you have a food allergy or intolerance, 23 please notify us."; or (b) a food allergy or intolerance message that 24 informs the customer about the allergy or intolerance information for 25 each prepared food item or items on such menu. If such menu is avail- 26 able in a language other than English for which the department makes a 27 translation available pursuant to subdivision four of this section, such 28 food service establishment shall also include such translation in a 29 conspicuous manner. Every food service establishment that makes avail- 30 able a menu online for a customer to place food orders for delivery or 31 take out, including under a third-party food delivery agreement pursuant 32 to section three hundred ninety-one-v of the general business law, shall 33 also include on such menu a food allergy or intolerance notification to 34 customers and either, (1) provide a method by which a customer may indi- 35 cate any food allergy or intolerance such customer has; or (2) provide a 36 food allergy message that informs the customer about the allergy and 37 intolerance information for each prepared food item or items on such 38 menu. 39 6. Any food service establishment that violates the provisions of this 40 section or any of the rules or regulations promulgated hereunder shall 41 be liable for a civil penalty not to exceed one hundred twenty-five 42 dollars for each violation. 43 § 2. Section 199-f of the agriculture and markets law, as added by 44 chapter 75 of the laws of 2023, is amended to read as follows: 45 § 199-f. Food allergies and intolerances notice in food service estab- 46 lishments. 1. Definitions. For the purposes of this section: 47 (a) "Menu" shall mean a list or pictorial display of a prepared food 48 item or items available for sale for the purpose of permitting a custom- 49 er to order such food item or items, including such list or pictorial 50 display posted online for a customer to place food orders for delivery 51 or take out. 52 (b) "Food service establishment" shall mean any place where food is 53 prepared and intended for individual portion service, and includes the 54 site at which individual portions are provided, whether consumption 55 occurs on or off the premises, or whether or not there is a charge for

S. 7810 3 1 the food, including retail food stores, as defined in section five 2 hundred of this chapter. 3 2. The commissioner shall make available on the department's website, 4 in English and in the twelve most common non-English languages spoken by 5 limited-English proficient individuals in the state, based on the data 6 in the most recent American Community Survey published by the United 7 States Census Bureau, a notice containing information for staff of food 8 service establishments regarding food allergies and intolerances. Such 9 notice shall include: 10 (a) the procedures to be followed if a customer informs staff of such 11 food service establishment that such customer has a food allergy or 12 intolerance; 13 (b) any procedures to be followed to prevent cross contact; and 14 (c) the procedure to be followed if a customer has an allergic 15 reaction, including a recommendation regarding the circumstances in 16 which to call 911. 17 3. Every food service establishment shall post the notice containing 18 information on food allergies and intolerances established pursuant to 19 subdivision two of this section in a conspicuous location accessible to 20 all employees involved in the preparation or service of food, in at 21 least one of the languages spoken by each employee to the extent such 22 languages are among those in which the department makes the notice 23 available pursuant to subdivision two of this section. 24 4. The commissioner shall make available on the department's website, 25 in the twelve most common non-English languages spoken by limited-Engl- 26 ish proficient individuals in the state, based on the data in the most 27 recent American Community Survey published by the United States Census 28 Bureau, (a) a translation of the following: "If you have a food allergy 29 or intolerance, please notify us."; and (b) a food allergy or intoler- 30 ance message that food service establishments may use to inform custom- 31 ers about allergy or intolerance information for prepared food items. 32 5. Every food service establishment that makes available a menu shall 33 include in a conspicuous manner on each menu or the assembly upon which 34 the menu or menus are included, either, (a) the following notice: "If 35 you have a food allergy or intolerance, please notify us."; or (b) a 36 food allergy or intolerance message that informs the customer about the 37 allergy or intolerance information for each prepared food item or items 38 on such menu. If such menu is available in a language other than English 39 for which the department makes a translation available pursuant to 40 subdivision four of this section, such food service establishment shall 41 also include such translation in a conspicuous manner. Every food 42 service establishment that makes available a menu online for a customer 43 to place orders for delivery or take out, including under a third-party 44 food delivery agreement pursuant to section three hundred ninety-one-v 45 of the general business law, shall also include on such menu a food 46 allergy notification to customers and either, (1) provide a method by 47 which a customer may indicate any food allergy or intolerance such 48 customer has; or (2) provide a food allergy or intolerance message that 49 informs the customer about the allergy and intolerance information for 50 each prepared food item or items on such menu. 51 6. Any food service establishment that violates the provisions of this 52 section or any of the rules or regulations promulgated hereunder shall 53 be liable for a civil penalty not to exceed one hundred twenty-five 54 dollars for each violation. 55 § 3. This act shall take effect on the one hundred eightieth day after 56 it shall have become a law.

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