S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8761
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. L. MILLER -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  requiring  food
   allergy signage around parks, playgrounds, and recreation centers
 
   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
 2500-l to read as follows:
   §  2500-L.  FOOD ALLERGY AWARENESS SIGNAGE ON PLAYGROUNDS AND IN PARKS
 AND/OR RECREATION CENTERS. 1. DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   A.  "PLAYGROUND"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVI-
 SION ONE OF SECTION  THIRTEEN  HUNDRED  NINETY-NINE-O-1  OF  THE  PUBLIC
 HEALTH  LAW.  PLAYGROUNDS  OR PLAYGROUND EQUIPMENT CONSTRUCTED UPON ONE,
 TWO AND THREE-FAMILY RESIDENTIAL  REAL  PROPERTY  ARE  EXEMPT  FROM  THE
 REQUIREMENTS OF THIS SECTION.
   B. "PARK AND/OR RECREATION CENTER" SHALL MEAN:
   (I)  ANY  LOCATION  WITHIN  STATE  OR MUNICIPAL PARKLAND THAT HAS BEEN
 DESIGNATED IN REGULATION BY THE  COMMISSIONER  AS  A  PLACE  WHERE  FOOD
 ALLERGY INCIDENTS ARE LIKELY TO OCCUR; OR
   (II) ANY LOCATION OUTSIDE OF STATE OR MUNICIPAL PARKLAND THAT HAS BEEN
 DESIGNATED  IN  REGULATION  BY  THE  COMMISSIONER  AS A PLACE WHERE FOOD
 ALLERGY INCIDENTS ARE LIKELY TO OCCUR, PROVIDED THAT LOCATION  IS  BEING
 UTILIZED  FOR ACTIVITIES OVERSEEN BY THE OFFICE OF PARKS, RECREATION AND
 HISTORIC PRESERVATION OR A LOCAL PARKS AND/OR RECREATION DEPARTMENT.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  REQUIRING
 THE  PERSON OR ENTITY THAT OPERATES A PLAYGROUND OR A PARK AND/OR RECRE-
 ATION CENTER TO POST FOOD ALLERGY AWARENESS SIGNAGE. AT A MINIMUM,  SUCH
 SIGNAGE SHALL:
   A. INFORM CHILDREN AND THEIR CAREGIVERS OF THE DANGERS ASSOCIATED WITH
 FOOD ALLERGIES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13645-01-7

 A. 8761                             2
 
   B.  INCLUDE  A  LIST OF ACTIONS THAT CHILDREN AND THEIR CAREGIVERS CAN
 TAKE IN ORDER TO MITIGATE THE RISK OF CAUSING AN ALLERGY ATTACK, INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) EATING AT DESIGNATED AREAS OUTSIDE OF THE PLAY OR RECREATION AREA,
 IN  ORDER  TO AVOID FOOD CONTAMINATION OF THE PLAYGROUND OF OTHER RECRE-
 ATION EQUIPMENT;
   (II) NOT OFFERING FOOD TO OTHER  CHILDREN  WITHOUT  THEIR  CAREGIVERS'
 PERMISSION; AND
   (III) WASHING OR OTHERWISE CLEANING THEIR HANDS AFTER EATING.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.