* § 199-f. Food allergies notice in food service establishments. 1.
Definitions. For the purposes of this section:

(a) "Menu" shall mean a list or pictorial display of a prepared food
item or items available for sale for the purpose of permitting a
customer to order such food item or items, including such list or
pictorial display posted online for a customer to place food orders for
delivery or take out.

(b) "Food service establishment" shall mean any place where food is
prepared and intended for individual portion service, and includes the
site at which individual portions are provided, whether consumption
occurs on or off the premises, or whether or not there is a charge for
the food, including retail food stores, as defined in section five
hundred of this chapter.

2. The commissioner shall make available on the department's website,
in English and in the twelve most common non-English languages spoken by
limited-English proficient individuals in the state, based on the data
in the most recent American Community Survey published by the United
States Census Bureau, a notice containing information for staff of food
service establishments regarding food allergies. Such notice shall
include:

(a) the procedures to be followed if a customer informs staff of such
food service establishment that such customer has a food allergy;

(b) any procedures to be followed to prevent cross contact; and

(c) the procedure to be followed if a customer has an allergic
reaction, including a recommendation regarding the circumstances in
which to call 911.

3. Every food service establishment shall post the notice containing
information on food allergies established pursuant to subdivision two of
this section in a conspicuous location accessible to all employees
involved in the preparation or service of food, in at least one of the
languages spoken by each employee to the extent such languages are among
those in which the department makes the notice available pursuant to
subdivision two of this section.

4. The commissioner shall make available on the department's website,
in the twelve most common non-English languages spoken by
limited-English proficient individuals in the state, based on the data
in the most recent American Community Survey published by the United
States Census Bureau, (a) a translation of the following: "If you have a
food allergy, please notify us."; and (b) a food allergy message that
food service establishments may use to inform customers about allergy
information for prepared food items.

5. Every food service establishment that makes available a menu shall
include in a conspicuous manner on each menu or the assembly upon which
the menu or menus are included, either, (a) the following notice: "If
you have a food allergy, please notify us."; or (b) a food allergy
message that informs the customer about the allergy information for each
prepared food item or items on such menu. If such menu is available in a
language other than English for which the department makes a translation
available pursuant to subdivision four of this section, such food
service establishment shall also include such translation in a
conspicuous manner. Every food service establishment that makes
available a menu online for a customer to place orders for delivery or
take out, including under a third-party food delivery agreement pursuant
to section three hundred ninety-one-v of the general business law, shall
also include on such menu a food allergy notification to customers and
either, (1) provide a method by which a customer may indicate any food
allergy such customer has; or (2) provide a food allergy message that
informs the customer about the allergy information for each prepared
food item or items on such menu.

6. Any food service establishment that violates the provisions of this
section or any of the rules or regulations promulgated hereunder shall
be liable for a civil penalty not to exceed one hundred twenty-five
dollars for each violation.

* NB Effective until May 21, 2025

* § 199-f. Food allergies and intolerances notice in food service
establishments. 1. Definitions. For the purposes of this section:

(a) "Menu" shall mean a list or pictorial display of a prepared food
item or items available for sale for the purpose of permitting a
customer to order such food item or items, including such list or
pictorial display posted online for a customer to place food orders for
delivery or take out.

(b) "Food service establishment" shall mean any place where food is
prepared and intended for individual portion service, and includes the
site at which individual portions are provided, whether consumption
occurs on or off the premises, or whether or not there is a charge for
the food, including retail food stores, as defined in section five
hundred of this chapter.

2. The commissioner shall make available on the department's website,
in English and in the twelve most common non-English languages spoken by
limited-English proficient individuals in the state, based on the data
in the most recent American Community Survey published by the United
States Census Bureau, a notice containing information for staff of food
service establishments regarding food allergies and intolerances. Such
notice shall include:

(a) the procedures to be followed if a customer informs staff of such
food service establishment that such customer has a food allergy or
intolerance;

(b) any procedures to be followed to prevent cross contact; and

(c) the procedure to be followed if a customer has an allergic
reaction, including a recommendation regarding the circumstances in
which to call 911.

3. Every food service establishment shall post the notice containing
information on food allergies and intolerances established pursuant to
subdivision two of this section in a conspicuous location accessible to
all employees involved in the preparation or service of food, in at
least one of the languages spoken by each employee to the extent such
languages are among those in which the department makes the notice
available pursuant to subdivision two of this section.

4. The commissioner shall make available on the department's website,
in the twelve most common non-English languages spoken by
limited-English proficient individuals in the state, based on the data
in the most recent American Community Survey published by the United
States Census Bureau, (a) a translation of the following: "If you have a
food allergy or intolerance, please notify us."; and (b) a food allergy
or intolerance message that food service establishments may use to
inform customers about allergy or intolerance information for prepared
food items.

5. Every food service establishment that makes available a menu shall
include in a conspicuous manner on each menu or the assembly upon which
the menu or menus are included, either, (a) the following notice: "If
you have a food allergy or intolerance, please notify us."; or (b) a
food allergy or intolerance message that informs the customer about the
allergy or intolerance information for each prepared food item or items
on such menu. If such menu is available in a language other than English
for which the department makes a translation available pursuant to
subdivision four of this section, such food service establishment shall
also include such translation in a conspicuous manner. Every food
service establishment that makes available a menu online for a customer
to place orders for delivery or take out, including under a third-party
food delivery agreement pursuant to section three hundred ninety-one-v
of the general business law, shall also include on such menu a food
allergy notification to customers and either, (1) provide a method by
which a customer may indicate any food allergy or intolerance such
customer has; or (2) provide a food allergy or intolerance message that
informs the customer about the allergy and intolerance information for
each prepared food item or items on such menu.

6. Any food service establishment that violates the provisions of this
section or any of the rules or regulations promulgated hereunder shall
be liable for a civil penalty not to exceed one hundred twenty-five
dollars for each violation.

* NB Effective May 21, 2025