S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6558
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend the public health law and the agriculture and markets
   law, in relation to requiring allergen labeling for prepackaged foods
 
   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. ALLERGEN LABELING FOR PREPACKAGED FOODS.  1. AS USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PREPACKAGED  FOOD"  MEANS  FOOD  THAT IS PREPARED, PREPACKED AND
 OFFERED OR SOLD TO CUSTOMERS ON THE SAME  PREMISES.    PREPACKAGED  FOOD
 DOES  NOT  INCLUDE  FOOD THAT IS NOT IN PACKAGING OR IS PACKAGED AFTER A
 CUSTOMER HAS ORDERED.
   (B) "FOOD ESTABLISHMENT" MEANS ANY PLACE FOOD IS PREPARED AND INTENDED
 FOR OFF-PREMISES CONSUMPTION, INCLUDING ALL  DELIS,  BAKERIES,  SANDWICH
 SHOPS,  ICE  CREAM  PARLORS, CAFETERIAS AND FOOD TRUCKS OPERATING WITHIN
 THE STATE.
   (C) (I) "MAJOR FOOD ALLERGEN" MEANS:
   (A) MILK, EGGS, FISH, CRUSTACEAN SHELLFISH, TREE NUTS, WHEAT, PEANUTS,
 SESAME, AND SOYBEANS; AND
   (B) A FOOD INGREDIENT THAT CONTAINS PROTEIN DERIVED FROM A FOOD  NAMED
 IN CLAUSE (A) OF THIS SUBPARAGRAPH.
   (II) "MAJOR FOOD ALLERGEN" DOES NOT INCLUDE:
   (A) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD SPECIFIED IN CLAUSE (A)
 OF  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH OR ANY INGREDIENT DERIVED FROM
 SUCH HIGHLY REFINED OIL; OR
   (B) ANY INGREDIENT THAT IS EXEMPT UNDER THE PETITION  OR  NOTIFICATION
 PROCESS  SPECIFIED IN THE FOOD ALLERGEN LABELING AND CONSUMER PROTECTION
 ACT OF 2004, AS AMENDED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04386-02-5
 A. 6558                             2
              

 
   2. EVERY FOOD ESTABLISHMENT SHALL LABEL ALL PREPACKAGED  FOOD  WITH  A
 WRITTEN  NOTIFICATION ON THE PACKAGE OR ON A LABEL ATTACHED TO THE PACK-
 AGE IDENTIFYING ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES A MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY  ALL  INGREDI-
 ENTS  THAT  DO  NOT  CONSTITUTE  A  MAJOR FOOD ALLERGEN UNLESS OTHERWISE
 REQUIRED PURSUANT TO THE FEDERAL FOOD  ALLERGEN  LABELING  AND  CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 199-g to read as follows:
   § 199-G. ALLERGEN LABELING FOR PREPACKAGED FOODS. 1. AS USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PREPACKAGED  FOOD"  MEANS  FOOD THAT IS PREPARED, PREPACKED, AND
 OFFERED OR SOLD TO CUSTOMERS ON THE SAME PREMISES. PREPACKAGED FOOD DOES
 NOT INCLUDE FOOD THAT IS NOT IN PACKAGING OR IS PACKAGED AFTER A CUSTOM-
 ER HAS ORDERED.
   (B) "FOOD ESTABLISHMENT" MEANS ANY PLACE WHERE FOOD  IS  PREPARED  AND
 INTENDED  FOR  CONSUMPTION,  INCLUDING RETAIL FOOD STORES, AS DEFINED IN
 SECTION FIVE HUNDRED OF THIS CHAPTER.
   (C)(I) "MAJOR FOOD ALLERGEN" MEANS:
   (A) MILK, EGGS, FISH, CRUSTACEAN SHELLFISH, TREE NUTS, WHEAT, PEANUTS,
 SESAME, AND SOYBEANS; AND
   (B) A FOOD INGREDIENT THAT CONTAINS PROTEIN DERIVED FROM A FOOD  NAMED
 IN CLAUSE (A) OF THIS SUBPARAGRAPH.
   (II) "MAJOR FOOD ALLERGEN" DOES NOT INCLUDE:
   (A) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD SPECIFIED IN CLAUSE (A)
 OF  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH OR ANY INGREDIENT DERIVED FROM
 SUCH HIGHLY REFINED OIL; OR
   (B) ANY INGREDIENT THAT IS EXEMPT UNDER THE PETITION  OR  NOTIFICATION
 PROCESS  SPECIFIED  IN  THE  FEDERAL FOOD ALLERGEN LABELING AND CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   2. EVERY FOOD ESTABLISHMENT SHALL LABEL ALL PREPACKAGED  FOOD  WITH  A
 WRITTEN  NOTIFICATION ON THE PACKAGE OR ON A LABEL ATTACHED TO THE PACK-
 AGE IDENTIFYING ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES A MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY  ALL  INGREDI-
 ENTS  THAT  DO  NOT  CONSTITUTE  A  MAJOR FOOD ALLERGEN UNLESS OTHERWISE
 REQUIRED PURSUANT TO THE FEDERAL FOOD  ALLERGEN  LABELING  AND  CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   §  3. This act shall take effect one year after it shall have become a
 law.