NY State Senate Bill 2021-S8102

Senate Bill S8102

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A2344 - Passed Senate

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
May 25, 2022	returned to assembly passed senate 3rd reading cal.890 substituted for s8102a
May 25, 2022	substituted by a2344a
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.890
Mar 14, 2022	print number 8102a
Mar 14, 2022	amend and recommit to health
Jan 25, 2022	referred to health

Votes

- May 25, 2022 - Floor Vote
  A2344
  
  51
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2022
      
      aye (51)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (10)
      
      Akshar
      
      Gallivan
      
      Griffo
      
      Jordan
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Tedisco
      
      excused (2)
      
      Breslin
      
      Brouk
  Apr 26, 2022 - Health Committee Vote
  S8102
  
  10
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Apr 26, 2022
      
      aye (10)
      
      Biaggi
      
      Boyle
      
      Cleare
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      nay (3)
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      aye wr (1)
      
      Stec
      
      excused (1)
      
      Brouk

Bill Amendments

Original

A (Active)

2021-S8102 - Details

Law Section:: Public Health Law
Laws Affected:: Add §1356, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S5726

2021-S8102 - Summary

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

2021-S8102 - Sponsor Memo

                                 
BILL NUMBER: S8102

SPONSOR: CLEARE
 
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:

2019-20: S5726/A1307A

 
FISCAL IMPLICATIONS:

Undetermined.

 
LOCAL FISCAL IMPLICATIONS:

Undetermined.

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

2021-S8102 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8102
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  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) ANY 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00536-04-2
 S. 8102                             2
 
 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  EACH
 MENU  OR  THE  ASSEMBLY  UPON  WHICH THE MENU OR MENUS ARE INCLUDED, 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 DEPART-
 MENT  MAKES A TRANSLATION AVAILABLE PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION, SUCH FOOD SERVICE ESTABLISHMENT SHALL ALSO INCLUDE SUCH  TRANS-
 LATION  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.

2021-S8102A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §1356, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S5726

2021-S8102A (ACTIVE) - Summary

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

2021-S8102A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8102a

SPONSOR: CLEARE
 
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 SPECIFIC 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-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 accessible to all employ-
ees 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:

2019-20: A.1307-A - Advanced to Third Reading; S.5726 - Passed Senate

2017-18: A.537-A - Advanced to Third Reading; S.6425 - Reported to
Finance

 
FISCAL IMPLICATIONS:

Undetermined.

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

2021-S8102A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8102--A
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 PICTORIAL 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 PICTORIAL 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) ANY 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
 THIS SECTION IN A  CONSPICUOUS  LOCATION  ACCESSIBLE  TO  ALL  EMPLOYEES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00536-06-2
 S. 8102--A                          2
 
 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  EACH
 MENU  OR  THE  ASSEMBLY  UPON  WHICH THE MENU OR MENUS ARE INCLUDED, 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 DEPART-
 MENT  MAKES A TRANSLATION AVAILABLE PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION, SUCH FOOD SERVICE ESTABLISHMENT SHALL ALSO INCLUDE SUCH  TRANS-
 LATION  IN  A  CONSPICUOUS MANNER. EVERY FOOD SERVICE ESTABLISHMENT THAT
 MAKES AVAILABLE A MENU ON THE INTERNET SHALL ALSO INCLUDE ON SUCH MENU A
 FOOD ALLERGY NOTIFICATION TO CUSTOMERS AND 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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