NY State Senate Bill 2019-S1432

Senate Bill S1432

2019-2020 Legislative Session

Requires food allergy awareness in food service establishments and online food ordering services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jan 14, 2019	referred to health

co-Sponsors

2019-S1432 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1356, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S6425

2019-S1432 (ACTIVE) - Summary

Requires food allergy awareness in food establishments and online food ordering services.

2019-S1432 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1432

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the public health law, in relation to food allergy
awareness in food service establishments and online food ordering
services

 
PURPOSE:

This bill requires food service establishments to display a food-allergy
awareness poster in all staff areas, and require the labeling of the 8
major food allergens on all food service establishment or internet-based
food delivery service menus or on a separate allergy menu.

 
SUMMARY OF PROVISIONS:

Section one amends the public health law by adding a new section 1356.

Section two sets forth the effective date.

 
JUSTIFICATION:

For those suffering with severe food allergies, dining out at a restau-
rant is a risky experience. Many fear that restaurant personnel may not
be properly trained in food allergy awareness, thus increasing the
possibility that they will have a dangerous reaction and potentially
deadly anaphylaxis.

This bill directs the Department of Health to create a poster containing
information on food allergies to be posted in food service establish-
ments, including the eight most common allergy-causing foods, how kitch-
en staff and servers can prevent cross-contamination, and to call 911 if
a customer has an allergic reaction. Every food service establishment
will be required to display this poster in an area accessible to all
employees involved in the preparation and service of food. Additionally,
food service establishments must include food allergen information on
their physical and online menus or on a separate allergy menu.

This bill is intended to educate restaurant personnel and ensure that
safety mechanisms are utilized in food preparation and service. New York
restaurants that embrace the opportunity to meet their customers'
specific dietary and health needs will ultimately experience the bene-
fits of returning patrons.

 
LEGISLATIVE HISTORY:

2017-2018: S.6425/A.537A.

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S1432 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1432
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by Sens. RITCHIE, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  food  allergy
   awareness  in  food  service  establishments  and online food ordering
   services

   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
 1356 to read as follows:
   § 1356. FOOD ALLERGIES  NOTICE  IN  FOOD  SERVICE  ESTABLISHMENTS  AND
 ONLINE FOOD ORDERING SERVICES. 1.  DEFINITIONS. (A) "FOOD SERVICE ESTAB-
 LISHMENT" SHALL MEAN A RESTAURANT, CATERING HALL, OR GROCERY STORE WHERE
 FOOD IS PREPARED AND SERVED EITHER ON OR OFF SITE.
   (B)  "MENU"  SHALL  MEAN A LIST OR PICTORAL DISPLAY OF A PREPARED FOOD
 ITEM OR ITEMS AVAILABLE FOR SALE  FROM  A  FOOD  ESTABLISHMENT  FOR  THE
 PURPOSE  OF  PERMITTING  A  CUSTOMER  TO  ORDER SUCH FOOD ITEM OR ITEMS,
 INCLUDING SUCH LIST OR PICTORAL DISPLAY POSTED ON  THE  INTERNET  FOR  A
 CUSTOMER TO PLACE FOOD ORDERS FOR DELIVERY  OR TAKE OUT.
   2.  THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE,
 IN ENGLISH AND IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE
 STATE ACCORDING TO THE LATEST AVAILABLE  DATA  FROM  THE  UNITED  STATES
 CENSUS BUREAU, A NOTICE CONTAINING INFORMATION FOR STAFF OF FOOD SERVICE
 ESTABLISHMENTS REGARDING FOOD ALLERGIES. SUCH NOTICE SHALL INCLUDE:
   (A)  THE PROCEDURES TO BE FOLLOWED IF A CUSTOMER INFORMS STAFF OF SUCH
 FOOD SERVICE ESTABLISHMENT THAT SUCH CUSTOMER HAS A FOOD ALLERGY;
   (B) THE PROCEDURES TO BE FOLLOWED TO PREVENT CROSS CONTACT; AND
   (C) THE PROCEDURE TO  BE  FOLLOWED  IF  A  CUSTOMER  HAS  AN  ALLERGIC
 REACTION,  INCLUDING  A  RECOMMENDATION  REGARDING  THE CIRCUMSTANCES IN
 WHICH TO CALL 911.
   3. EVERY FOOD SERVICE ESTABLISHMENT SHALL POST THE  NOTICE  CONTAINING
 INFORMATION ON FOOD ALLERGIES ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00531-01-9

 S. 1432                             2
 
 THIS  SECTION  IN  A  CONSPICUOUS  LOCATION  ACCESSIBLE TO ALL EMPLOYEES
 INVOLVED IN THE PREPARATION OR SERVICE OF FOOD, IN AT LEAST ONE  OF  THE
 LANGUAGES SPOKEN BY EACH EMPLOYEE TO THE EXTENT SUCH LANGUAGES ARE AMONG
 THOSE  IN  WHICH  THE  DEPARTMENT MAKES THE NOTICE AVAILABLE PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.
   4. THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DEPARTMENT'S  WEBSITE,
 IN  THE TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE STATE ACCORD-
 ING TO THE LATEST AVAILABLE DATA FROM THE UNITED STATES CENSUS BUREAU, A
 TRANSLATION OF THE FOLLOWING: "IF YOU HAVE A FOOD ALLERGY, PLEASE NOTIFY
 US."
   5. EVERY FOOD SERVICE ESTABLISHMENT OPERATING IN NEW YORK  STATE  THAT
 MAKES  AVAILABLE  A  MENU  SHALL INCLUDE IN A CONSPICUOUS MANNER ON SUCH
 MENU THE FOLLOWING:  "IF YOU HAVE A FOOD ALLERGY, PLEASE NOTIFY US."  IF
 SUCH MENU IS AVAILABLE IN A LANGUAGE OTHER THAN ENGLISH  FOR  WHICH  THE
 DEPARTMENT MAKES A TRANSLATION AVAILABLE PURSUANT TO SUBDIVISION FOUR OF
 THIS  SECTION,  SUCH  FOOD SERVICE ESTABLISHMENT SHALL ALSO INCLUDE SUCH
 TRANSLATION IN A CONSPICUOUS MANNER. EVERY  FOOD  SERVICE  ESTABLISHMENT
 THAT  MAKES  AVAILABLE  A MENU ON THE INTERNET SHALL PROVIDE A METHOD BY
 WHICH A CUSTOMER MAY INDICATE ANY FOOD ALLERGY SUCH CUSTOMER HAS.
   6. ANY FOOD SERVICE ESTABLISHMENT THAT VIOLATES THE PROVISIONS OF THIS
 SECTION OR ANY OF THE RULES OR REGULATIONS PROMULGATED  HEREUNDER  SHALL
 BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH
 VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S1432

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Sponsored By

Patty Ritchie