* § 1356. Food allergies notice in food service establishments and
online food ordering services. 1. Definitions. For the purposes of this
section:

(a) "Food service establishment" shall mean a restaurant or catering
hall where food is prepared and served either on or off site.

(b) "Menu" shall mean a list or pictorial display of a prepared food
item or items available for sale from a food establishment 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.

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 operating in New York state 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 food 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

* § 1356. Food allergies and intolerances notice in food service
establishments and online food ordering services. 1. Definitions. For
the purposes of this section:

(a) "Food service establishment" shall mean a restaurant or catering
hall where food is prepared and served either on or off site.

(b) "Menu" shall mean a list or pictorial display of a prepared food
item or items available for sale from a food establishment 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.

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 and intolerance information for prepared
food items.

5. Every food service establishment operating in New York state 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 food 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 or intolerance
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 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