Bill Text: NY A00537 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires food allergy awareness in food establishments and online food ordering services.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.43 [A00537 Detail]

Download: New_York-2017-A00537-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         537--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Consumer Affairs and Protection -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        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  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new section
     2  1356 to read as follows:
     3    § 1356. Food allergies  notice  in  food  service  establishments  and
     4  online food ordering services. 1.  Definitions. (a) "Food service estab-
     5  lishment" shall mean a restaurant, catering hall, or grocery store where
     6  food is prepared and served either on or off site.
     7    (b)  "Menu"  shall  mean a list or pictoral display of a prepared food
     8  item or items available for sale  from  a  food  establishment  for  the
     9  purpose  of  permitting  a  customer  to  order such food item or items,
    10  including such list or pictoral display posted on  the  internet  for  a
    11  customer to place food orders for delivery  or take out.
    12    2.  The commissioner shall make available on the department's website,
    13  in English and in the top six languages other than English spoken in the
    14  state according to the latest available  data  from  the  United  States
    15  Census Bureau, a notice containing information for staff of food service
    16  establishments regarding food allergies. Such notice shall include:
    17    (a)  the procedures to be followed if a customer informs staff of such
    18  food service establishment that such customer has a food allergy;
    19    (b) the procedures to be followed to prevent cross contamination; and
    20    (c) the procedure to  be  followed  if  a  customer  has  an  allergic
    21  reaction,  including  a  recommendation  regarding  the circumstances in
    22  which to call 911.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01940-05-7
        A. 537--A                           2
     1    3. Every food service establishment shall post the  notice  containing
     2  information on food allergies established pursuant to subdivision two of
     3  this  section  in  a  conspicuous  location  accessible to all employees
     4  involved in the preparation or service of food, in at least one  of  the
     5  languages spoken by each employee to the extent such languages are among
     6  those  in  which  the  department makes the notice available pursuant to
     7  subdivision two of this section.
     8    4. The commissioner shall make available on the department's  website,
     9  in  the top six languages other than English spoken in the state accord-
    10  ing to the latest available data from the United States Census Bureau, a
    11  translation of the following: "If you have a food allergy, please notify
    12  us."
    13    5. Every food service establishment operating in New York  state  that
    14  makes  available  a  menu  shall include in a conspicuous manner on such
    15  menu the following:  "If you have a food allergy, please notify us."  If
    16  such menu is available in a language other than English  for  which  the
    17  department makes a translation available pursuant to subdivision four of
    18  this  section,  such  food service establishment shall also include such
    19  translation in a conspicuous manner. Every  food  service  establishment
    20  that  makes  available  a menu on the internet shall provide a method by
    21  which a customer may indicate any food allergy such customer has.
    22    6. Any food service establishment that violates the provisions of this
    23  section or any of the rules or regulations promulgated  hereunder  shall
    24  be liable for a civil penalty not to exceed one hundred dollars for each
    25  violation.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.