BILL NUMBER:S1068

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 New York State 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:

2013-2014: S.3199 - Reported and Committed to Finance;
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.50B6 - 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.