NY State Senate Bill 2019-S5726

Senate Bill S5726

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health returned to senate died in assembly
Jun 12, 2019	ordered to third reading rules cal.94 substituted for a1307a
Jun 04, 2019	referred to codes delivered to assembly passed senate ordered to third reading cal.1164 committee discharged and committed to rules
May 13, 2019	referred to health

Votes

- Jun 4, 2019 - Floor Vote
  S5726
  
  53
  
  Aye
  
  9
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2019
      
      aye (53)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (9)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Jordan
      
      Ortt
  Jun 4, 2019 - Rules Committee Vote
  S5726
  
  16
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2019
      
      aye (16)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      nay (1)
      
      Flanagan
      
      aye wr (2)
      
      Griffo
      
      Little

co-Sponsors

2019-S5726 (ACTIVE) - Details

See Assembly Version of this Bill:: A1307
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A537
2021-2022: S1123, S8102, A2344

2019-S5726 (ACTIVE) - Summary

Requires food allergy awareness in food establishments and online food ordering services; penalty not to exceed $125.

2019-S5726 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5726

SPONSOR: BENJAMIN
 
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 new section 1356.
Section 1356 begins by defining "Food service establishment" and "Menu",
then directs the commissioner to make available on the department's
website a notice containing information for staff of food service estab-
lishments regarding food allergies. Additionally, this bill directs the

commissioner to make available a message asking customers to notify
restaurants of their allergy in multiple languages. Food service estab-
lishments are also required to post notices containing information on
food allergies and asking customers to notify them of any possible
allergies via the internet. Finally, this bill includes provisions that
make food service establishments that violate the rules and regulations
put forth in the bill subject to a fine.

Section two sets forth the effective date.

 
EXISTING LAW:

No such provision.

 
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 establishments, including the eight most common allergy-causing
foods, how kitchen staff and servers can prevent cross-contact, 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 acces-
sible 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:

New bill.
 
FISCAL IMPLICATIONS:
Undetermined.

 
LOCAL FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect in 180 days.

2019-S5726 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5726
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2019
                                ___________
 
 Introduced by Sens. BENJAMIN, 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.

                                                            LBD11696-01-9

 S. 5726                             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 TWENTY-FIVE
 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 S5726

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Sponsored By

Brian Benjamin