Bill Text: NY A07494 | 2023-2024 | General Assembly | Amended
Bill Title: Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying all ingredients and labeling for major food allergens in such form and manner as required pursuant to the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Engrossed - Dead) 2024-04-03 - REFERRED TO HEALTH [A07494 Detail]
Download: New_York-2023-A07494-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7494--B Cal. No. 349 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. LUNSFORD, STIRPE, SHIMSKY, ARDILA, McMAHON, BRON- SON, LAVINE, GONZALEZ-ROJAS, DICKENS, SIMON, BURDICK, SAYEGH, LEVEN- BERG -- read once and referred to the Committee on Health -- recommit- ted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law and the agriculture and markets law, in relation to requiring allergen labeling for prepackaged foods 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 1357 to read as follows: 3 § 1357. Allergen labeling for prepackaged foods. 1. As used in this 4 section, the following terms shall have the following meanings: 5 (a) "Prepackaged food" means food that is prepared, prepacked and 6 offered or sold to customers on the same premises. Prepackaged food 7 does not include food that is not in packaging or is packaged after a 8 customer has ordered. 9 (b) "Food establishment" means any place food is prepared and intended 10 for off-premises consumption, including all delis, bakeries, sandwich 11 shops, ice cream parlors, cafeterias and food trucks operating within 12 the state. 13 (c) (i) "Major food allergen" means: 14 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, 15 sesame, and soybeans; and 16 (B) a food ingredient that contains protein derived from a food named 17 in clause (A) of this subparagraph. 18 (ii) "Major food allergen" does not include: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11261-08-4A. 7494--B 2 1 (A) any highly refined oil derived from a food specified in clause (A) 2 of subparagraph (i) of this paragraph or any ingredient derived from 3 such highly refined oil; or 4 (B) any ingredient that is exempt under the petition or notification 5 process specified in the Food Allergen Labeling and Consumer Protection 6 Act of 2004, as amended. 7 2. Every food establishment shall label all prepackaged food with a 8 written notification on the package or on a label attached to the pack- 9 age identifying all ingredients and labeling for major food allergens in 10 such form and manner as required pursuant to the federal Food Allergen 11 Labeling and Consumer Protection Act of 2004, as amended. 12 § 2. The agriculture and markets law is amended by adding a new 13 section 199-g to read as follows: 14 § 199-g. Allergen labeling for prepackaged foods. 1. As used in this 15 section, the following terms shall have the following meanings: 16 (a) "Prepackaged food" means food that is prepared, prepacked, and 17 offered or sold to customers on the same premises. Prepackaged food does 18 not include food that is not in packaging or is packaged after a custom- 19 er has ordered. 20 (b) "Food establishment" means any place where food is prepared and 21 intended for consumption, including retail food stores, as defined in 22 section five hundred of this chapter. 23 (c)(i) "Major food allergen" means: 24 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, 25 sesame, and soybeans; and 26 (B) a food ingredient that contains protein derived from a food named 27 in clause (A) of this subparagraph. 28 (ii) "Major food allergen" does not include: 29 (A) any highly refined oil derived from a food specified in clause (A) 30 of subparagraph (i) of this paragraph or any ingredient derived from 31 such highly refined oil; or 32 (B) any ingredient that is exempt under the petition or notification 33 process specified in the federal Food Allergen Labeling and Consumer 34 Protection Act of 2004, as amended. 35 2. Every food establishment shall label all prepackaged food with a 36 written notification on the package or on a label attached to the pack- 37 age identifying all ingredients and labeling for major food allergens in 38 such form and manner as required pursuant to the federal Food Allergen 39 Labeling and Consumer Protection Act of 2004, as amended. 40 § 3. This act shall take effect one year after it shall have become a 41 law.
