Bill Text: NJ A4716 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires restaurants to identify major food allergens on menu.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-11-26 - Introduced, Referred to Assembly Consumer Affairs Committee [A4716 Detail]
Download: New_Jersey-2018-A4716-Introduced.html
Sponsored by:
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
SYNOPSIS
Requires restaurants to identify major food allergens on menu.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning restaurants and food allergies and amending and supplementing P.L.2005, c.26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2005, c.26 (C.26:3E-14) is amended to read as follows:
1. a. The Commissioner of Health, in consultation with the New Jersey Restaurant Association, shall prepare a fact sheet, to be directed to restaurant managers and staff, which is designed to:
(1) identify major food allergens;
(2) explain food allergies and, in particular, nut allergies [and] ;
(3) describe the health-related consequences to persons with [nut] food allergies who are exposed to food items that contain or are prepared with [nut] major food allergens or products [, and includes a recommendation that] derived from them; and
(4) include information to assist restaurants [identify such] and contract caterers with identifying food items that contain major food allergens on their menus.
The commissioner shall make this fact sheet available to local boards of health and local health officers by electronic or other means of distribution[, and local] . A local health [officers] officer shall furnish this information to [restaurants] a restaurant at the time of inspection.
[In addition the] b. The commissioner, in consultation with the New Jersey Restaurant Association and in consideration of food allergy information published by the [federal] United States Food and Drug Administration, shall prepare an informational sign promoting food allergen awareness, which shall include information about [the most common] major food allergens, the health-related consequences of allergic reactions to food, best practices for food storage and preparation to prevent cross-contamination with food allergens, the symptoms of and appropriate responses to an allergic reaction to food, and [such] any other information as the commissioner deems appropriate. The commissioner shall make the food allergen awareness sign available to restaurants and local boards of health, and each restaurant in the State shall acquire a food allergen awareness sign and prominently display the sign in the restaurant kitchen or another area of the restaurant that is frequently used by, and is generally accessible to, restaurant staff. In the case of restaurants in operation on the date the sign is first made available, the restaurant shall acquire and display the sign no later than one month after it is made available; in the case of restaurants that commence operations after the sign is made available, the restaurant shall acquire and display the sign as a condition of commencing restaurant operations.
[As used in this section:
"Nut" means peanuts and tree nuts, including, but not limited to, almonds, brazil nuts, cashews, hazelnuts, filberts, macadamia nuts, pecans, pistachios, and walnuts; and
"Restaurant" means an establishment in which the principal business is the sale of food for consumption on the premises.]
(cf: P.L.2017, c.270, s.1)
2. Section 2 of P.L.2005, c.26 (C.26:3E-15) is amended to read as follows:
2. The Commissioner of Health shall conduct, within the limits of monies appropriated pursuant to this act, a public information campaign regarding food allergies, to be known as "Ask Before You Eat." The public information campaign shall be designed to inform the public about food allergies and the health-related consequences, including anaphylaxis, to persons with [such] food allergies who are exposed to food items that contain or are prepared with ingredients that trigger severe allergic reactions, such as peanuts, tree nuts, [and] seafood, and other major food allergens.
(cf: P.L.2012, c.17, s.334)
3. (New section) As used in P.L.2005, c.26 (C.26:3E-14 et seq.):
"Contract caterer" means a caterer that delivers prepared food to a customer, whether at a fixed location or at an off-site function.
"Major food allergen" includes eggs, fish, milk, peanuts, crustacean shellfish, soybeans, tree nuts, and wheat.
"Nut" means peanuts and tree nuts, including, but not limited to, almonds, brazil nuts, cashews, hazelnuts, filberts, macadamia nuts, pecans, pistachios, and walnuts.
"Restaurant" means an establishment in which the principal business is the sale of food for consumption on the premises.
4. (New section) a. A restaurant operating within the State shall identify on its menu whether a food item contains or is prepared with any major food allergen. Within six months after the menu is available, a restaurant shall also indicate on its public display menu sign that a menu identifying any major food allergen is available.
b. (1) A contract caterer operating at a fixed location within the State shall identify on its menu and any food display sign whether a food item contains or is prepared with any major food allergen. A contract caterer shall specify any major food allergen on its display sign or menu.
(2) A contract caterer delivering food to an off-site function within the State shall provide at the location of the off-site function a menu indicating whether a food item contains or is prepared with any major food allergen.
c. An establishment operating with a plenary retail consumption license, issued pursuant to R.S.33:1-12, shall post a display sign, of at least 8.5 by 11 inches, indicating whether any food or beverage item contains or is prepared with any major food allergen. The display sign shall be clear and conspicuous and use a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of any menu item.
5. (New section) A restaurant or contract caterer found in violation of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to a civil penalty of up to $500 per violation. A civil penalty imposed pursuant to this section may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Commissioner of Health or a local board of health or local health officer may initiate a summary proceeding in the Superior Court or in the appropriate municipal court having jurisdiction.
Every day upon which a violation occurs shall be considered a separate violation, but a penalty shall not be assessed that is greater than $5,000 for each occurrence.
6. This act shall take effect immediately but sections 4 and 5 shall be inoperative until the first day of the fourth month next following the date of enactment.
STATEMENT
This bill requires restaurants and contract caterers to identify major food allergens found in the foods they serve.
The bill amends and supplements P.L.2005, c.26 (C.26:3E-14 et seq.), the law concerning food allergen awareness. The bill requires the Commissioner of Health, in consultation with the New Jersey Restaurant Association, to revise the current fact sheet for restaurants to:
(1) identify major food allergens, which include eggs, fish, milk, peanuts, crustacean shellfish, soybeans, tree nuts, and wheat;
(2) describe the health-related consequences to persons with food allergies who are exposed to food items that contain or are prepared with major food allergens or products derived from them; and
(3) include information to assist restaurants and contract caterers with identifying food items that contain major food allergens on their menus.
Under the bill, a restaurant operating within the State is to identify on its menu whether a food item contains or is prepared with any major food allergen. Additionally, a restaurant would be required to indicate on its public display menu sign that a menu identifying any major food allergen is available.
The bill further requires a contract caterer operating at a fixed location within the State to identify on its menu and any food display sign whether a food item contains or is prepared with any major food allergen. A contract caterer delivering food to an off-site function within the State is to provide, at the location of the off-site function, a menu indicating whether a food item contains or is prepared with any major food allergen.
Furthermore, the bill requires an establishment operating with a plenary retail consumption license (bar, hotel, or restaurant) to post a display sign, of at least 8.5 by 11 inches, indicating whether any food or beverage item contains or is prepared with any major food allergen.
A restaurant or caterer in violation of the food allergen identification requirements imposed by the bill would be subject to a civil penalty of up to $500 per violation. The Commissioner of Health or a local board of health or local health officer may initiate a summary proceeding in the Superior Court or in the appropriate municipal court having jurisdiction. Every day upon which a violation occurs would be considered a separate violation, but no penalty would be assessed that is greater than $5,000 for each occurrence.
