S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    585
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to allergy  awareness
   and training in restaurants

   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
 1352-f to read as follows:
   §  1352-F.  ALLERGY  AWARENESS  AND TRAINING IN RESTAURANTS. 1.  DEFI-
 NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
 AS BASS, FLOUNDER, OR COD);  CRUSTACEANS  (SUCH  AS  CRAB,  LOBSTER,  OR
 SHRIMP);  TREE  NUTS  (SUCH  AS ALMONDS, CASHEWS, PECANS, PISTACHIOS, OR
 WALNUTS), WHEAT, PEANUTS, SESAME, AND SOYBEANS; AND (II) A FOOD INGREDI-
 ENT THAT CONTAINS PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH  (I)
 OF  THIS  PARAGRAPH.   THIS DOES NOT INCLUDE: (1) ANY HIGHLY REFINED OIL
 DERIVED FROM A FOOD SPECIFIED IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH  OR
 ANY INGREDIENT DERIVED FROM SUCH HIGHLY REFINED OIL; OR (2) ANY INGREDI-
 ENT  THAT IS EXEMPT UNDER THE PETITION OR NOTIFICATION PROCESS SPECIFIED
 IN THE FEDERAL FOOD ALLERGEN LABELING AND  CONSUMER  PROTECTION  ACT  OF
 2004.
   (B) "MENU" SHALL MEAN A PRINTED OR PICTORIAL DISPLAY OF A FOOD ITEM OR
 ITEMS  AND THEIR PRICE OR PRICES THAT ARE AVAILABLE FOR SALE FROM A FOOD
 ESTABLISHMENT. THIS INCLUDES MENUS DISTRIBUTED OR PROVIDED  OUTSIDE  THE
 ESTABLISHMENT  AND  PROMOTIONAL ITEMS THAT INCLUDE MENU INFORMATION FROM
 WHICH A CUSTOMER CAN PLACE AN ORDER.
   (C) "MENU BOARD" SHALL MEAN ANY LIST OR PICTORIAL DISPLAY  OF  A  FOOD
 ITEM  OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A FOOD
 ESTABLISHMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04969-01-1
              

 S. 585                              2
 
   (D) "APPROVED TRAINING PROVIDER" SHALL MEAN A TRAINING  PROVIDER  THAT
 HAS  BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT OF
 ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.
   (E)  "FOOD SAFETY MANAGER" SHALL MEAN A MANAGERIAL EMPLOYEE DESIGNATED
 BY HIS OR HER EMPLOYER TO COMPLETE ALLERGEN AWARENESS  TRAINING  AND  TO
 OBTAIN  A  CERTIFICATE  OF  ALLERGEN  AWARENESS TRAINING PURSUANT TO THE
 REQUIREMENTS OF THIS SECTION.
   2. GENERAL REQUIREMENTS. (A) ALL FOOD SAFETY MANAGERS HIRED BY A  FOOD
 SERVICE  ESTABLISHMENT THAT COOKS, PREPARES, OR SERVES FOOD INTENDED FOR
 IMMEDIATE CONSUMPTION EITHER ON  OR  OFF  THE  PREMISES  SHALL  COMPLETE
 ALLERGEN  AWARENESS  TRAINING  AND  PASS  AN ASSESSMENT FROM AN APPROVED
 TRAINING PROVIDER TO OBTAIN A CERTIFICATE OF ALLERGEN AWARENESS TRAINING
 PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER HIRE DATE.
   (B) SUCH FOOD ESTABLISHMENTS SHALL INCLUDE ON ALL  PRINTED  MENUS  AND
 MENU  BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER NOTIFY
 THE SERVER, BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY  TO  A
 MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
 PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
   (C)  THE  NOTICE  MUST  BE INCLUDED ON PRINTED MENUS AND ON INDOOR AND
 OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
   (D) ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE  POINT
 OF  SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE FONT
 SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
 SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
   (E) IN LIEU OF PLACING THE NOTICE DIRECTLY ON THE  INDOOR  OR  OUTDOOR
 MENU  BOARD  ITSELF, THE FOOD ESTABLISHMENT MAY POST THE NOTICE ADJACENT
 TO THE MENU OR AT EACH POINT OF SERVICE  WHERE  FOOD  IS  ORDERED.  SUCH
 NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
 AND  READ  FROM  A  DISTANCE  OF  FIVE  FEET  BY A PERSON STANDING AT OR
 APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
 SHALL NOT BE OBSTRUCTED FROM VIEW.
   3. FOOD ALLERGEN AWARENESS TRAINING. (A) FOOD  SERVICE  ESTABLISHMENTS
 SHALL  HAVE  ON  STAFF  MANAGERS  WHO  HAVE BEEN ISSUED A CERTIFICATE OF
 ALLERGEN AWARENESS TRAINING BY AN APPROVED TRAINING PROVIDER  AS  QUALI-
 FIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID FOR FIVE YEARS.
   (B) AN APPROVED TRAINING PROVIDER SHALL:
   (I)  DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE FOOD
 ALLERGEN AWARENESS TRAINING CERTIFICATE ISSUED BY AN  APPROVED  TRAINING
 PROVIDER;
   (II)  ENSURE THAT DESIGNATED FOOD SAFETY MANAGERS ARE PROPERLY TRAINED
 IN FOOD ALLERGY AWARENESS AS IT IS RELATED TO THEIR ASSIGNED DUTIES; AND
   (III) ENSURE THAT AT LEAST ONE FOOD SAFETY MANAGER WITH A  CERTIFICATE
 OF ALLERGEN AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
   4.  CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS TRAIN-
 ING SHALL BE RENEWED EVERY FIVE YEARS BY COMPLETING AN  ALLERGEN  AWARE-
 NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
   (B)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
 LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
   5. FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL  DEVELOP
 A  PROGRAM  FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY AWARE" AND
 SHALL MAINTAIN A LISTING OF RESTAURANTS RECEIVING  SUCH  DESIGNATION  ON
 ITS  WEBSITE.  PARTICIPATION  IN  THE PROGRAM SHALL BE VOLUNTARY AND THE
 DEPARTMENT SHALL, IN CONSULTATION WITH THE  NEW  YORK  STATE  RESTAURANT
 ASSOCIATION,  ISSUE  GUIDELINES  AND  REQUIREMENTS  FOR  RESTAURANTS  TO
 RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
 BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE

 S. 585                              3
 
 TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
 TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
   (B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
 TION  WITH  THE  NEW  YORK  STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
 REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
 ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT  SHALL  INCLUDE,  BUT
 NOT  BE  LIMITED  TO,  COMPLIANCE  OF RESTAURANTS WITH THIS SECTION, AND
 PROPOSED CHANGES TO THIS SECTION CONSISTENT WITH THE PUBLIC  HEALTH  AND
 WELFARE.
   6.  EXEMPTIONS.  FOOD  SERVICE  ESTABLISHMENTS  HAVING  TWENTY OR MORE
 LOCATIONS AND THAT OTHERWISE REQUIRE  STAFF  TO  COMPLETE  A  NATIONALLY
 RECOGNIZED  FOOD  SAFETY  TRAINING  PROGRAM  WITH  AN ALLERGEN AWARENESS
 COMPONENT WHICH MEETS THE STANDARDS OF THE ALLERGEN  AWARENESS  TRAINING
 REQUIRED  BY  THIS SECTION SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law; provided that the commissioner of health is author-
 ized to promulgate any and all rules and regulations and take any  other
 measures  necessary  to  implement this act on its effective date, on or
 before such date.