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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           537
                               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
        AN ACT to amend the public health  law,  in  relation  to  food  allergy
          awareness  in  food  service  establishments  and  internet-based food
          delivery 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 allergen notice requirements. 1. Definitions. a. "Covered
     4  languages" shall mean English, Spanish,  Chinese,  Korean,  Russian  and
     5  French  (Creole), and any other language determined by the department to
     6  be the six most common languages spoken by  limited  English  proficient
     7  individuals.
     8    b.  "Food  service establishment" shall apply to restaurants, catering
     9  halls and grocery stores where food is prepared and served either on  or
    10  off site but shall not include bodegas.
    11    c.  "Internet-based food delivery service" shall mean any food service
    12  establishment or any third-party website that accepts  food  orders  for
    13  delivery from customers via the internet.
    14    d.  "Menu" shall mean a printed or pictorial display of a food item or
    15  items and their price or prices that are available for sale from a  food
    16  establishment.  This  includes menus distributed or provided outside the
    17  establishment and promotional items that include menu  information  from
    18  which a customer can place an order.
    19    2. The department shall create a poster containing information on food
    20  allergy  to be posted in food service establishments, including, but not
    21  limited to, the eight most common allergy-causing foods, what the server
    22  should do if a customer informs them of  a  food  allergy,  how  kitchen
    23  staff  and servers can prevent cross-contamination, and to call 911 if a
    24  customer has an allergic reaction.  Such poster shall be printed in  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01940-01-7
        A. 537                              2
     1  covered  languages and shall be made available by the department to food
     2  service establishments.
     3    3.  Every food service establishment shall post in accordance with the
     4  rules and regulations of the department, the poster containing  informa-
     5  tion  on  food  allergy pursuant to subdivision two of this section in a
     6  conspicuous location accessible to all employees involved in the  prepa-
     7  ration of food and the service of food and shall also post in a conspic-
     8  uous  location  accessible to all patrons of such establishment. In lieu
     9  of placing the notice directly on  the  indoor  or  outdoor  menu  board
    10  itself,  the  food service establishment may post the notice adjacent to
    11  the menu or at each point of service where food is ordered. Such  notice
    12  must  be  securely  posted in a manner so that it may be easily seen and
    13  read from a distance of five feet by a person standing at or approaching
    14  the point of service, shall directly face the purchaser, and  shall  not
    15  be obstructed from view.
    16    4.  Every food service establishment shall include information on food
    17  allergy pursuant to subdivision two of this section either on their menu
    18  or on a separate allergy menu, the existence of which is made  known  to
    19  customers and provided upon request.
    20    5.  Every  food service establishment operating in New York state that
    21  provides menus on their website or on an  internet-based  food  delivery
    22  service  website  shall  include information on food allergy pursuant to
    23  subdivision two of this section on every menu posted.
    24    6. Any food service establishment that violates the provisions of this
    25  section or any of the rules or regulations promulgated  hereunder  shall
    26  be liable for a civil penalty not to exceed one hundred dollars for each
    27  violation;  provided,  however, food service establishments shall not be
    28  liable for internet postings by third parties.
    29    § 2. This act shall take effect on the ninetieth day  after  it  shall
    30  have become a law.