BILL NUMBER:S3199

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 aller-
gic 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 New York State  and  develop  regu-
lations 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  care-
ful  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 ques-
tions 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.  Informa-
tion 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:    2011/12  -  A.1062 - Referred to Health, Passed
Assembly 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.