Assembly Bill A9951

2023-2024 Legislative Session

Requires food products using ingredients classified as major food allergens to be labelled or branded as such

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A9951 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §201-j, Ag & Mkts L

2023-A9951 (ACTIVE) - Summary

Requires food products using ingredients classified as major food allergens to be labelled or branded as such; requires food sellers to provide written notice to stores for food labels containing new ingredients classified as major food allergens; requires such foods are labeled or branded as such by a food seller until such food has appropriately labeled packaging.

2023-A9951 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9951
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  requir-
   ing  food  products  containing major food allergens to be labelled or
   branded to indicate the presence of such major food allergen
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 201-j to read as follows:
   § 201-J. FOOD PRODUCTS; MAJOR ALLERGENS LABELLING OR BRANDING. 1.  FOR
 THE  PURPOSES OF THIS SECTION, THE TERM "MAJOR FOOD ALLERGEN" SHALL MEAN
 PEANUTS, TREE NUTS, MILK, EGGS, FISH,  SHELLFISH,  WHEAT,  SOY,  OR  ANY
 OTHER  FOOD  DETERMINED BY THE COMMISSIONER TO POSE A RISK TO THE HEALTH
 AND SAFETY OF PEOPLE WHO UNKNOWINGLY  CONSUME  SUCH  FOOD  AND  HAVE  AN
 ALLERGIC REACTION TO SUCH FOOD.
   2.  NO FOOD PRODUCT WHICH CONTAINS A MAJOR FOOD ALLERGEN SHALL BE SOLD
 OR OFFERED FOR SALE WITHIN THE STATE WITHOUT BEING LABELLED  OR  BRANDED
 IN SUCH A WAY TO INDICATE SUCH FOOD PRODUCT CONTAINS SUCH MAJOR ALLERGEN
 IN A MANNER ESTABLISHED BY REGULATIONS PROMULGATED BY THE COMMISSIONER.
   3.  WHERE  A FOOD PRODUCT IS NOT LABELLED OR BRANDED AS REQUIRED UNDER
 THIS SECTION, THE ORIGINATOR OF SUCH FOOD PRODUCT SHALL ALERT ANY  STORE
 IN WHICH THE FOOD PRODUCT IS SOLD OF THE PRESENCE OF A MAJOR FOOD ALLER-
 GEN IN SUCH FOOD PRODUCT. SUCH ALERT SHALL BE IN WRITING.
   4. UPON BEING ALERTED TO A MAJOR FOOD ALLERGEN IN A FOOD PRODUCT BEING
 SOLD  IN A STORE WITHOUT PROPER LABELLING OR BRANDING, SUCH STORE SHALL,
 WITHIN TWENTY-FOUR HOURS, EITHER: (A) NO LONGER OFFER SUCH FOOD  PRODUCT
 FOR  SALE;  OR (B) REPACKAGE THE FOOD PRODUCT SUCH THAT THE LABELLING OR
 BRANDING ARE CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15260-01-4

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