Bill Text: NY A04943 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to food allergy awareness in food establishments; requires posting of information regarding the risk of allergic reactions; requires certain restaurants, dining rooms or commercial eating establishments to maintain on the premises a master list of all ingredients used in the preparation of each food item available for consumption; requires a report.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04943 Detail]

Download: New_York-2011-A04943-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4943
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAYERSOHN  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health  law,  in  relation  to  food  allergy
         awareness in food establishments
         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  1352-d to read as follows:
    3    S  1352-D.  ALLERGY  AWARENESS IN FOOD ESTABLISHMENTS. 1. EVERY OWNER,
    4  OPERATOR, LESSOR, LESSEE, PERSON OR CORPORATION IN CHARGE OF ANY RESTAU-
    5  RANT, DINING ROOM OR COMMERCIAL EATING ESTABLISHMENT  OR  IN  ANY  OTHER
    6  PLACE  WHERE  FOOD  IS  PREPARED,  SOLD OR SERVED FOR AND TO THE GENERAL
    7  PUBLIC IN THIS STATE, WHEN SERVING FOOD, SHALL:
    8    (A) PROMINENTLY DISPLAY A POSTER RELATIVE TO FOOD ALLERGY AWARENESS IN
    9  THE STAFF AREA; SUCH POSTER SHALL PROVIDE, BUT NOT BE LIMITED TO, INFOR-
   10  MATION REGARDING THE RISK OF AN ALLERGIC REACTION AND SHALL BE DEVELOPED
   11  AND APPROVED BY THE DEPARTMENT PRIOR TO DISPLAY;
   12    (B) INCLUDE ON ALL MENUS A NOTICE TO CUSTOMERS OF THE CUSTOMER'S OBLI-
   13  GATION TO INFORM THE SERVER ABOUT ANY  FOOD  ALLERGIES;  THE  DEPARTMENT
   14  SHALL DEVELOP AND APPROVE THE LANGUAGE OF THE NOTICE; AND
   15    (C)  IF  A  RESTAURANT, DINING ROOM OR COMMERCIAL EATING ESTABLISHMENT
   16  WITH A SEATING CAPACITY OF FIFTY OR MORE, HAVE AND MAINTAIN ON THE PREM-
   17  ISES A MASTER LIST OF ALL THE INGREDIENTS USED  IN  THE  PREPARATION  OF
   18  EACH  FOOD ITEM AVAILABLE FOR CONSUMPTION; SUCH MASTER LIST, WHICH SHALL
   19  BE IN A FORMAT APPROVED BY THE DEPARTMENT,  SHALL  BE  PROVIDED  TO  ANY
   20  CONSUMER UPON REQUEST.
   21    2.  FOR  PURPOSES OF COMPLYING WITH THIS SECTION, WITH RESPECT TO FOOD
   22  ITEMS THAT ARE NOT INITIALLY PREPARED AT THE RESTAURANT, DINING ROOM  OR
   23  COMMERCIAL  EATING  ESTABLISHMENT,  IT  SHALL  BE  ACCEPTABLE TO RELY ON
   24  INGREDIENTS INFORMATION OBTAINED  FROM  THE  MANUFACTURERS,  VENDORS  OR
   25  DISTRIBUTORS  OF FOOD TO BE CONSUMED IN SUCH ESTABLISHMENT, PROVIDED THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08591-01-1
       A. 4943                             2
    1  INFORMATION FROM A MANUFACTURER, VENDOR OR DISTRIBUTOR  IS  INCLUDED  IN
    2  THE MASTER LIST OF INGREDIENTS.
    3    3.  THE  OWNER,  OPERATOR,  LESSOR, LESSEE OR PERSON IN CHARGE OF SUCH
    4  RESTAURANT, DINING ROOM OR COMMERCIAL  EATING  ESTABLISHMENT  SHALL,  IN
    5  ORDER  TO  OBTAIN  HIS OR HER CERTIFICATION, RECEIVE TRAINING CONCERNING
    6  FOOD ALLERGIES. FOR PURPOSES OF THIS SECTION, THE  TRAINING  REQUIREMENT
    7  SHALL BE FULFILLED BY VIEWING A VIDEO CONCERNING FOOD ALLERGIES AND UPON
    8  THE REVIEW AND RECEIPT OF WRITTEN MATERIALS PREPARED FOR THE PURPOSES OF
    9  PROVIDING INFORMATION ON FOOD ALLERGIES. THE COMMISSIONER, OR HIS OR HER
   10  DESIGNEE,  SHALL  APPROVE  THE TRAINING PROGRAM, INCLUDING THE VIDEO AND
   11  WRITTEN MATERIALS. ANY PERSON  DESIGNATED  AS  AN  ALTERNATE  PERSON  IN
   12  CHARGE  SHALL,  IN ADDITION TO EXISTING REQUIREMENTS, ALSO BE KNOWLEDGE-
   13  ABLE WITH REGARD TO THE RELEVANT ISSUES  CONCERNING  FOOD  ALLERGIES  AS
   14  THEY RELATE TO FOOD PREPARATION.
   15    4.  NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
   16  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL SUBMIT  A
   17  REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
   18  SENATE  WHICH  SHALL INCLUDE ANALYSIS OF THE IMPACT OF THIS SECTION. THE
   19  REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PROPOSED CHANGES TO THE
   20  SECTION CONSISTENT WITH THE PUBLIC HEALTH AND WELFARE.
   21    5. A VIOLATION OF THIS SECTION SHALL BE SUBJECT TO THE  PENALTY  UNDER
   22  SECTION THIRTEEN HUNDRED FIFTY-THREE OF THIS TITLE.
   23    S 2. This act shall take effect on the one hundred eightieth day after
   24  it shall have become a law; provided, however, that effective immediate-
   25  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   26  necessary for the implementation of this act on its effective  date  are
   27  authorized  and  directed  to  be  made  and completed on or before such
   28  effective date.