BILL NUMBER: S5385

SPONSOR: PARKER
 
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 aller-
gen 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 proprie-
tors 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 regu-
lations 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 result-
ing 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 care-
ful 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 ques-
tions 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.  Informa-
tion 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:

2019-20: S4962 - REFERRED TO HEALTH
2017-18: S2858 - Referred to REPORTED AND COMMITTED TO FINANCE
2015/16: S.1068 - Reported and Committed to Finance
2013/14: 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.