STATE OF NEW YORK
________________________________________________________________________
7810
2023-2024 Regular Sessions
IN SENATE
December 13, 2023
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law and the agriculture and markets
law, in relation to food intolerances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1356 of the public health law, as amended by chap-
2 ter 75 of the laws of 2023, is amended to read as follows:
3 § 1356. Food allergies and intolerances notice in food service estab-
4 lishments and online food ordering services. 1. Definitions. For the
5 purposes of this section:
6 (a) "Food service establishment" shall mean a restaurant or catering
7 hall where food is prepared and served either on or off site.
8 (b) "Menu" shall mean a list or pictorial display of a prepared food
9 item or items available for sale from a food establishment for the
10 purpose of permitting a customer to order such food item or items,
11 including such list or pictorial display posted online for a customer to
12 place food orders for delivery or take out.
13 2. The commissioner shall make available on the department's website,
14 in English and in the twelve most common non-English languages spoken by
15 limited-English proficient individuals in the state, based on the data
16 in the most recent American Community Survey published by the United
17 States Census Bureau, a notice containing information for staff of food
18 service establishments regarding food allergies and intolerances. Such
19 notice shall include:
20 (a) the procedures to be followed if a customer informs staff of such
21 food service establishment that such customer has a food allergy or
22 intolerance;
23 (b) any procedures to be followed to prevent cross contact; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13601-01-3
S. 7810 2
1 (c) the procedure to be followed if a customer has an allergic
2 reaction, including a recommendation regarding the circumstances in
3 which to call 911.
4 3. Every food service establishment shall post the notice containing
5 information on food allergies and intolerances established pursuant to
6 subdivision two of this section in a conspicuous location accessible to
7 all employees involved in the preparation or service of food, in at
8 least one of the languages spoken by each employee to the extent such
9 languages are among those in which the department makes the notice
10 available pursuant to subdivision two of this section.
11 4. The commissioner shall make available on the department's website,
12 in the twelve most common non-English languages spoken by limited-Engl-
13 ish proficient individuals in the state, based on the data in the most
14 recent American Community Survey published by the United States Census
15 Bureau, (a) a translation of the following: "If you have a food allergy
16 or intolerance, please notify us."; and (b) a food allergy or intoler-
17 ance message that food service establishments may use to inform custom-
18 ers about allergy and intolerance information for prepared food items.
19 5. Every food service establishment operating in New York state that
20 makes available a menu shall include in a conspicuous manner on each
21 menu or the assembly upon which the menu or menus are included, either,
22 (a) the following notice: "If you have a food allergy or intolerance,
23 please notify us."; or (b) a food allergy or intolerance message that
24 informs the customer about the allergy or intolerance information for
25 each prepared food item or items on such menu. If such menu is avail-
26 able in a language other than English for which the department makes a
27 translation available pursuant to subdivision four of this section, such
28 food service establishment shall also include such translation in a
29 conspicuous manner. Every food service establishment that makes avail-
30 able a menu online for a customer to place food orders for delivery or
31 take out, including under a third-party food delivery agreement pursuant
32 to section three hundred ninety-one-v of the general business law, shall
33 also include on such menu a food allergy or intolerance notification to
34 customers and either, (1) provide a method by which a customer may indi-
35 cate any food allergy or intolerance such customer has; or (2) provide a
36 food allergy message that informs the customer about the allergy and
37 intolerance information for each prepared food item or items on such
38 menu.
39 6. Any food service establishment that violates the provisions of this
40 section or any of the rules or regulations promulgated hereunder shall
41 be liable for a civil penalty not to exceed one hundred twenty-five
42 dollars for each violation.
43 § 2. Section 199-f of the agriculture and markets law, as added by
44 chapter 75 of the laws of 2023, is amended to read as follows:
45 § 199-f. Food allergies and intolerances notice in food service estab-
46 lishments. 1. Definitions. For the purposes of this section:
47 (a) "Menu" shall mean a list or pictorial display of a prepared food
48 item or items available for sale for the purpose of permitting a custom-
49 er to order such food item or items, including such list or pictorial
50 display posted online for a customer to place food orders for delivery
51 or take out.
52 (b) "Food service establishment" shall mean any place where food is
53 prepared and intended for individual portion service, and includes the
54 site at which individual portions are provided, whether consumption
55 occurs on or off the premises, or whether or not there is a charge for
S. 7810 3
1 the food, including retail food stores, as defined in section five
2 hundred of this chapter.
3 2. The commissioner shall make available on the department's website,
4 in English and in the twelve most common non-English languages spoken by
5 limited-English proficient individuals in the state, based on the data
6 in the most recent American Community Survey published by the United
7 States Census Bureau, a notice containing information for staff of food
8 service establishments regarding food allergies and intolerances. Such
9 notice shall include:
10 (a) the procedures to be followed if a customer informs staff of such
11 food service establishment that such customer has a food allergy or
12 intolerance;
13 (b) any procedures to be followed to prevent cross contact; and
14 (c) the procedure to be followed if a customer has an allergic
15 reaction, including a recommendation regarding the circumstances in
16 which to call 911.
17 3. Every food service establishment shall post the notice containing
18 information on food allergies and intolerances established pursuant to
19 subdivision two of this section in a conspicuous location accessible to
20 all employees involved in the preparation or service of food, in at
21 least one of the languages spoken by each employee to the extent such
22 languages are among those in which the department makes the notice
23 available pursuant to subdivision two of this section.
24 4. The commissioner shall make available on the department's website,
25 in the twelve most common non-English languages spoken by limited-Engl-
26 ish proficient individuals in the state, based on the data in the most
27 recent American Community Survey published by the United States Census
28 Bureau, (a) a translation of the following: "If you have a food allergy
29 or intolerance, please notify us."; and (b) a food allergy or intoler-
30 ance message that food service establishments may use to inform custom-
31 ers about allergy or intolerance information for prepared food items.
32 5. Every food service establishment that makes available a menu shall
33 include in a conspicuous manner on each menu or the assembly upon which
34 the menu or menus are included, either, (a) the following notice: "If
35 you have a food allergy or intolerance, please notify us."; or (b) a
36 food allergy or intolerance message that informs the customer about the
37 allergy or intolerance information for each prepared food item or items
38 on such menu. If such menu is available in a language other than English
39 for which the department makes a translation available pursuant to
40 subdivision four of this section, such food service establishment shall
41 also include such translation in a conspicuous manner. Every food
42 service establishment that makes available a menu online for a customer
43 to place orders for delivery or take out, including under a third-party
44 food delivery agreement pursuant to section three hundred ninety-one-v
45 of the general business law, shall also include on such menu a food
46 allergy notification to customers and either, (1) provide a method by
47 which a customer may indicate any food allergy or intolerance such
48 customer has; or (2) provide a food allergy or intolerance message that
49 informs the customer about the allergy and intolerance information for
50 each prepared food item or items on such menu.
51 6. Any food service establishment that violates the provisions of this
52 section or any of the rules or regulations promulgated hereunder shall
53 be liable for a civil penalty not to exceed one hundred twenty-five
54 dollars for each violation.
55 § 3. This act shall take effect on the one hundred eightieth day after
56 it shall have become a law.
