S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5381--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, CLEARE, GOUNARDES, OBERACKER, WEBB -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04386-03-5
 S. 5381--A                          2
 
              

   (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.
   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.