S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3105
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, STERN, MAGNARELLI, STECK, LAVINE,
   REYES, TAYLOR, SAYEGH, SIMON, BRABENEC, DeSTEFANO  --  read  once  and
   referred 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
 1357 to read as follows:
   § 1357. ALLERGY AWARENESS AND  TRAINING  IN  RESTAURANTS.  1.    DEFI-
 NITIONS.  (A)  "MAJOR  FOOD  ALLERGEN"  SHALL MEAN (I) MILK, EGGS, FISH,
 CRUSTACEAN SHELLFISH, TREE NUTS, WHEAT, PEANUTS, SESAME,  AND  SOYBEANS;
 AND  (II)  A  FOOD  INGREDIENT 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 INGREDIENT THAT IS EXEMPT UNDER THE PETITION OR NOTIFI-
 CATION PROCESS SPECIFIED IN  THE  FEDERAL  FOOD  ALLERGEN  LABELING  AND
 CONSUMER PROTECTION ACT OF 2004.
   (B)  "MENU" SHALL HAVE THE SAME MEANING AS IN SECTION THIRTEEN HUNDRED
 FIFTY-SIX OF THIS TITLE.
   (C) "APPROVED TRAINING PROVIDER" SHALL MEAN A TRAINING  PROVIDER  THAT
 HAS  BEEN  APPROVED  BY  THE  COMMISSIONER TO PROVIDE ALLERGEN AWARENESS
 TRAINING FOR EMPLOYEES OF FOOD SERVICE ESTABLISHMENTS.
   (D) "FOOD SAFETY MANAGER" SHALL MEAN A MANAGERIAL EMPLOYEE  DESIGNATED
 BY  THEIR EMPLOYER TO COMPLETE ALLERGEN AWARENESS TRAINING AND TO OBTAIN
 A CERTIFICATE OF ALLERGEN AWARENESS TRAINING PURSUANT  TO  THE  REQUIRE-
 MENTS OF THIS SECTION.
   (E)  "FOOD  SERVICE  ESTABLISHMENT"  SHALL HAVE THE SAME MEANING AS IN
 SECTION THIRTEEN HUNDRED FIFTY-SIX OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06678-01-3
 A. 3105                             2
              

 
   2. GENERAL REQUIREMENTS. (A) ALL  FOOD  SERVICE  ESTABLISHMENTS  SHALL
 DESIGNATE  AT  LEAST  ONE FOOD SAFETY MANAGER PER LOCATION. AT LEAST ONE
 FOOD SAFETY MANAGER SHALL BE ON SITE DURING ALL HOURS OF OPERATION.
   (B) A DESIGNATED FOOD SAFETY MANAGER SHALL COMPLETE ALLERGEN AWARENESS
 TRAINING  FROM  AN APPROVED TRAINING PROVIDER TO OBTAIN A CERTIFICATE OF
 ALLERGEN AWARENESS TRAINING PRIOR TO OR WITHIN THIRTY DAYS  AFTER  THEIR
 HIRE  DATE  OR BY THE EFFECTIVE DATE OF THIS SECTION. SUCH CERTIFICATION
 SHALL BE VALID FOR FIVE YEARS.
   (C) A DESIGNATED FOOD SAFETY MANAGER SHALL:
   (I) DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS; AND
   (II) OVERSEE THE PREPARATION AND/OR COOKING OF ANY FOOD TO  BE  SERVED
 TO  A  CUSTOMER  WHO  HAS NOTIFIED RESTAURANT STAFF OF A FOOD ALLERGY TO
 ENSURE IT IS PREPARED SAFELY.
   3. CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS  TRAIN-
 ING  SHALL  BE RENEWED EVERY FIVE YEARS BY COMPLETING AN ALLERGEN AWARE-
 NESS TRAINING COURSE, AS APPROVED BY THE DEPARTMENT.
   (B) THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO DESIGNATE APPROVED TRAINING PROVIDERS.
   4. 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
 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  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY, WHICH SHALL INCLUDE ANALYSIS OF THE  IMPACT  OF
 THIS  SECTION.  THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, COMPLI-
 ANCE OF RESTAURANTS WITH THIS SECTION,  AND  PROPOSED  CHANGES  TO  THIS
 SECTION CONSISTENT WITH THE PUBLIC HEALTH AND WELFARE.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 623 of the laws of 2022 takes  effect;  provided  that
 the commissioner of health is authorized 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.