S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   749

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to allergy  awareness
  and training in restaurants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
1352-e to read as follows:
  S  1352-E.  ALLERGY  AWARENESS  AND TRAINING IN RESTAURANTS. 1.  DEFI-
NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
AS BASS, FLOUNDER, OR COD);  CRUSTACEANS  (SUCH  AS  CRAB,  LOBSTER,  OR
SHRIMP);  TREE  NUTS  (SUCH AS ALMONDS, PECANS, PISTACHIOS, OR WALNUTS),
WHEAT, PEANUTS, AND SOYBEANS; AND (II) A FOOD INGREDIENT  THAT  CONTAINS
PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
THIS  DOES  NOT  INCLUDE: (1) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD
SPECIFIED IN SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  OR  ANY  INGREDIENT
DERIVED  FROM  SUCH  HIGHLY  REFINED  OIL; OR (2) ANY INGREDIENT THAT IS
EXEMPT UNDER THE PETITION  OR  NOTIFICATION  PROCESS  SPECIFIED  IN  THE
FEDERAL FOOD ALLERGEN LABELING AND CONSUMER PROTECTION ACT OF 2004.
  (B) "MENU" SHALL MEAN A PRINTED OR PICTORIAL DISPLAY OF A FOOD ITEM OR
ITEMS  AND THEIR PRICE OR PRICES THAT ARE AVAILABLE FOR SALE FROM A FOOD
ESTABLISHMENT. THIS INCLUDES MENUS DISTRIBUTED OR PROVIDED  OUTSIDE  THE
ESTABLISHMENT  AND  PROMOTIONAL ITEMS THAT INCLUDE MENU INFORMATION FROM
WHICH A CUSTOMER CAN PLACE AN ORDER.
  (C) "MENU BOARD" SHALL MEAN ANY LIST OR PICTORIAL DISPLAY  OF  A  FOOD
ITEM  OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A FOOD
ESTABLISHMENT.
  (D) "APPROVED TRAINING PROVIDER" SHALL MEAN A TRAINING  PROVIDER  THAT
HAS  BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT OF
ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04256-01-5

              

A. 749                              2

  2. GENERAL REQUIREMENTS. (A) ALL MANAGERS AND DESIGNATED FOOD  PREPAR-
ERS  AND  OTHER  EMPLOYEES  HIRED  BY  A FOOD SERVICE ESTABLISHMENT THAT
COOKS, PREPARES, OR  SERVES  FOOD  INTENDED  FOR  IMMEDIATE  CONSUMPTION
EITHER ON OR OFF THE PREMISES SHALL COMPLETE ALLERGEN AWARENESS TRAINING
AND  PASS  AN  ASSESSMENT FROM AN APPROVED TRAINING PROVIDER TO OBTAIN A
CERTIFICATE OF ALLERGEN AWARENESS TRAINING PRIOR  TO  OR  WITHIN  THIRTY
DAYS AFTER HIS OR HER HIRE DATE.
  (B)  ALL  MANAGERS  AND  DESIGNATED  EMPLOYEES SHALL COMPLETE ALLERGEN
AWARENESS TRAINING AND PASS AN  ASSESSMENT  FROM  AN  APPROVED  TRAINING
PROVIDER TO ENSURE EACH MANAGER AND EMPLOYEE HAS A CERTIFICATE OF ALLER-
GEN  AWARENESS  TRAINING PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER
HIRE DATE.
  (C) SUCH FOOD ESTABLISHMENTS SHALL INCLUDE ON ALL  PRINTED  MENUS  AND
MENU  BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER NOTIFY
THE SERVER, BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY  TO  A
MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
  (D)  THE  NOTICE  MUST  BE INCLUDED ON PRINTED MENUS AND ON INDOOR AND
OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
  (E) ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE  POINT
OF  SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE FONT
SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
  (F) IN LIEU OF PLACING THE NOTICE DIRECTLY ON THE  INDOOR  OR  OUTDOOR
MENU  BOARD  ITSELF, THE FOOD ESTABLISHMENT MAY POST THE NOTICE ADJACENT
TO THE MENU OR AT EACH POINT OF SERVICE  WHERE  FOOD  IS  ORDERED.  SUCH
NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
AND  READ  FROM  A  DISTANCE  OF  FIVE  FEET  BY A PERSON STANDING AT OR
APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
SHALL NOT BE OBSTRUCTED FROM VIEW.
  3. FOOD ALLERGEN AWARENESS TRAINING. (A) FOOD  SERVICE  ESTABLISHMENTS
SHALL  HAVE  ON  STAFF  MANAGERS  AND  EMPLOYEES  WHO HAVE BEEN ISSUED A
CERTIFICATE OF ALLERGEN  AWARENESS  TRAINING  BY  AN  APPROVED  TRAINING
PROVIDER  AS  QUALIFIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID
FOR FIVE YEARS.
  (B) MANAGERS SHALL:
  (I) DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE  FOOD
ALLERGEN  AWARENESS  TRAINING CERTIFICATE ISSUED BY AN APPROVED TRAINING
PROVIDER;
  (II) ENSURE THAT DESIGNATED EMPLOYEES ARE  PROPERLY  TRAINED  IN  FOOD
ALLERGY AWARENESS AS IT RELATED TO THEIR ASSIGNED DUTIES; AND
  (III) ENSURE THAT AT LEAST ONE EMPLOYEE WITH A CERTIFICATE OF ALLERGEN
AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
  4.  CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS TRAIN-
ING SHALL BE RENEWED EVERY FIVE YEARS BY COMPLETING AN  ALLERGEN  AWARE-
NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
  (B)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
  5. FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL  DEVELOP
A  PROGRAM  FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY AWARE" AND
SHALL MAINTAIN A LISTING OF RESTAURANTS RECEIVING  SUCH  DESIGNATION  ON
ITS  WEBSITE.  PARTICIPATION  IN  THE PROGRAM SHALL BE VOLUNTARY AND THE
DEPARTMENT SHALL, IN CONSULTATION WITH THE  NEW  YORK  STATE  RESTAURANT
ASSOCIATION,  ISSUE  GUIDELINES  AND  REQUIREMENTS  FOR  RESTAURANTS  TO
RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE

A. 749                              3

TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
  (B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
TION  WITH  THE  NEW  YORK  STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT  SHALL  INCLUDE,  BUT
NOT  BE  LIMITED  TO,  COMPLIANCE  OF RESTAURANTS WITH THIS SECTION, AND
PROPOSED CHANGES TO THIS SECTION CONSISTENT WITH THE PUBLIC  HEALTH  AND
WELFARE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the commissioner of health  is  author-
ized  to promulgate any and all rules and regulations and take any other
measures necessary to implement this act on its effective  date,  on  or
before such date.