BILL NUMBER:S1178

TITLE OF BILL:
An act
to amend the public health law, in relation to food allergen information

PURPOSE OF BILL:
To educate proprietors and employees of public eating
establishments about the dangers of severe food allergens to food
allergic people.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends section
heading 1352b of the Public Health Law to add food allergen
information.

Adds a new subdivision 3 to section 1352-b of the Public Health Law
requiring information about the danger of severe food allergens to
food allergic individuals be provided to proprietors and employees of
food establishments.

SUMMARY OF SPECIFIC PROVISIONS:
The Commissioner would adopt and
approve information to educate proprietors and employees of public
eating establishments about the dangers of severe food allergens to
food allergic individuals. Such information shall include, but not be
              

limited to: The need to inform customers of the presence of allergens
in food or meals on the menu or through verbal descriptions; the
possibility of cross-contamination of a food with an allergen during
food preparation and the need to inform customers of that
possibility; and, the symptoms of severe allergic reactions to food
and the need for rapid response to such emergencies.

The Commissioner would then supply the information to the proprietor
of every public eating establishment in NYS and develop regulations
for distributing or posting such information.

JUSTIFICATION:
Nearly 11 million Americans suffer from food allergies,
including approximately 2 million school-aged children. All of these
individuals are at risk for potentially life- threatening allergic
reactions resulting in over 30,000 emergency room admissions each
year and between 150 and 200 annual deaths; many of these are young
children and young adults.
Eight foods account for 90% of all reactions in the U.S.: milk, eggs,
peanuts, tree nuts (walnuts, almonds, cashews, pistachios, pecans,
etc.), wheat, soy, fish, and shellfish. Because trace amounts of
these foods can cause a reaction it is imperative that parents and
children can easily identify and avoid those products.

Although many allergic individuals or their parents are extremely
careful about foods they eat or prepare there are times when they
must rely on others to inform them of the presence of dangerous
allergens. When they eat at a restaurant, a cafeteria, or a catered
event they usually ask the server or the food preparer if any
dangerous ingredients may be present in the food item or used in the


kitchen. Owners and employees of such establishments must know how
important it is to answer those questions fully and accurately, even
if it means admitting they can't be sure.

Because this can be a matter of life and death, the Health department
should prepare an explanation of the dangers of severe allergens, the
importance of informing customers about their potential presence, the
severity of the allergic reactions, and the need to respond quickly
if there is a severe reaction. This information can be communicated
easily to owners and employees to help reduce the risks of illness or
death much the same way food establishments post signs for choking.
Information about allergic reactions does not need to be posted for
the general public but all workers who prepare or serve food should
know what they can do to protect allergic people, especially children.

LEGISLATIVE HISTORY:
2009/10 - A.5925/A.7622 - Referred to Health
2005/06 - A.8066 - Referred to Health
2007/08 - A.5086 - Referred to Health

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Costs to the
State of preparing and distributing information.

EFFECTIVE DATE:
180 days after it becomes a law, provided that any
rule or regulation necessary for the timely implementation of this
act has been promulgated by the Commissioner of Health.