NY State Senate Bill 2025-S5381

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2025	referred to health

co-Sponsors

2025-S5381 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Versions Introduced in 2023-2024 Legislative Session:: S6820, S8558

2025-S5381 (ACTIVE) - Summary

Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying all ingredients and labeling for major food allergens in such form and manner as required pursuant to the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.

2025-S5381 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5381

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law and the agriculture and markets
law, in relation to requiring allergen labeling for prepackaged foods

 
PURPOSE:

Requires allergen labeling for prepackaged foods.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section 1357
which will require allergen labeling on all food that is prepared,
prepacked, and offered or sold to customers on the same premises. The
labeling will require written notification on the package or on a label
attached to the package identifying all ingredients and labeling for
major food allergens in the form and manner required by the federal Food
Allergen Labeling and Consumer Protection Act of 2004.

Section 2 amends the agriculture and markets law by adding a new section
199-g which discusses mandating allergen labeling for prepackaged foods
sold at food establishments. It also defines key terms such as "prepack-
aged food," "food establishment," and "major food allergens" and
requires that all prepackaged foods be labeled with ingredients and
allergen information in accordance with federal regulations.

Section 3 states the effective date.

 
JUSTIFICATION:

Individuals living with food allergies rely on allergen labeling to make
safe and informed decisions about the food they consume. When allergens
are not labeled or are mislabeled, there is a risk that an individual
with a food allergy may mistake this food to be allergen-free, which can
result in severe side effects if consumed.

Currently, the Food and Drug Administration (FDA) regulations require
allergens to be labeled on prepacked food, but this requirement does not
apply to food that is prepared, prepacked, and sold to customers on the
same premises. This legislation will require allergens to be labeled on
this type of food, which will protect the nearly two million New Yorkers
living with food allergies.

 
LEGISLATIVE HISTORY:

2023-2024: S6820B/A7494B - Died in Rules/Passed Assembly

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2025-S5381 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5381
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sens. HARCKHAM, CLEARE, GOUNARDES, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  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.
                                                            LBD04386-01-5

 S. 5381                             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 ALL INGREDIENTS AND LABELING FOR MAJOR FOOD ALLERGENS IN
 SUCH FORM AND MANNER AS 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 ALL INGREDIENTS AND LABELING FOR MAJOR FOOD ALLERGENS IN
 SUCH FORM AND MANNER AS 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.

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Senate Bill S5381

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S5381 (ACTIVE) - Details

2025-S5381 (ACTIVE) - Summary

2025-S5381 (ACTIVE) - Sponsor Memo

2025-S5381 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5381

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Cordell Cleare

Andrew Gounardes

Peter Oberacker

Lea Webb

2025-S5381 (ACTIVE) - Details

2025-S5381 (ACTIVE) - Summary

2025-S5381 (ACTIVE) - Sponsor Memo

2025-S5381 (ACTIVE) - Bill Text download pdf

Comments