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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7494B
SPONSOR: Lunsford 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:
This bill 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 to apply
these labeling requirements to retail food stores.
Section 3 states the effective date.
DIFFERENCE BETWEEN THE ORIGINAL AND AMENDED VERSION:
A.7494A added section 2 to site this allergen labeling requirement for
retail food stores in the Agriculture and Markets Law to allow for
effective enforcement.
A.7494B amends the effective date to one year after it shall have become
a law.
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:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
