S T A T E O F N E W Y O R K
________________________________________________________________________
11399
I N A S S E M B L Y
June 9, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
-- read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the public health law, in relation to the creation and
posting of food allergy posters in retail establishments
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
1352-d to read as follows:
S 1352-D. FOOD ALLERGIES POSTERS. 1. FOR PURPOSES OF THIS SECTION,
"FOOD SERVICE ESTABLISHMENT" SHALL HAVE THE MEANING AS SUCH TERM IS
DEFINED IN THE STATE SANITARY CODE, EXCEPT THAT IT SHALL NOT INCLUDE ANY
PUSHCARTS.
2. THE DEPARTMENT SHALL CREATE A POSTER CONTAINING INFORMATION ON FOOD
ALLERGIES FOR USE IN FOOD SERVICE ESTABLISHMENTS IN BOTH ENGLISH AND
SPANISH.
3. EVERY FOOD SERVICE ESTABLISHMENT SHALL POST, IN ACCORDANCE WITH THE
RULES AND REGULATIONS OF THE DEPARTMENT, IN AN AREA VISIBLE TO ANYONE
PREPARING OR SERVING FOOD, POSTERS CONTAINING INFORMATION ON FOOD ALLER-
GIES PROVIDED BY THE DEPARTMENT.
4. THE DEPARTMENT SHALL MAKE SUCH POSTERS AVAILABLE AND MAY CHARGE A
FEE TO COVER PRINTING, POSTAGE AND HANDLING EXPENSES.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17485-01-0