Assembly Bill A3482

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3482

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. SPANO, CLARK, BENEDETTO, ZEBROWSKI, STEVENSON --
  Multi-Sponsored by -- M. of A. ABBATE, BING, REILLY -- read  once  and
  referred to the Committee on Consumer Affairs and Protection

AN  ACT  to amend the general business law, in relation to disclosure of
  the peanut ingredients of foods offered at  restaurants  and  catering
  facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
12-A to read as follows:
                              ARTICLE 12-A
                   RESTAURANTS AND CATERING FACILITIES
SECTION 210. DISCLOSURE OF PEANUT INGREDIENTS BY RESTAURANTS AND  CATER-
               ING FACILITIES.
  S  210.  DISCLOSURE  OF PEANUT INGREDIENTS BY RESTAURANTS AND CATERING
FACILITIES. 1. AS USED  IN  THIS  ARTICLE,  "RESTAURANT"  AND  "CATERING
FACILITY"  SHALL  MEAN ANY OUTLET OF A RESTAURANT THAT DERIVES ITS BUSI-
NESS FROM THE SALE OF PREPARED FOOD TO BE CONSUMED BY  PATRONS  OF  SUCH
ESTABLISHMENT ON ITS RESTAURANT OR BANQUET FACILITY PREMISES.
  2.  EVERY  RESTAURANT AND CATERING FACILITY SHALL PROVIDE AND DISCLOSE
ON ITS MENU TO EACH PATRON, WHETHER PEANUTS OR ANY PEANUT DERIVED INGRE-
DIENTS ARE CONTAINED IN ANY FOOD PREPARED BY SUCH RESTAURANT OR CATERING
FACILITY, OR PREPARED BY A COMPANY OR INDIVIDUAL CONTRACTED  TO  PROVIDE
FOOD  TO SUCH RESTAURANT OR FACILITY OFF PREMISES WHICH WILL BE CONSUMED
BY THE PATRON FOR ON PREMISES CONSUMPTION.
  3. SUCH INGREDIENTS LISTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION TWO OF THIS  SECTION  SHALL  INCLUDE  THE  SPECIFIC  INGREDIENTS,
INCLUDING  PEANUT  AND/OR PEANUT OIL INGREDIENTS, USED IN PREPARATION OF
ANY FOOD.
  4. A VIOLATION OF SUBDIVISION TWO OF THIS SECTION SHALL BE  PUNISHABLE
BY  A CIVIL PENALTY NOT TO EXCEED FIFTY DOLLARS FOR THE FIRST VIOLATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07823-01-1
              

A. 3482                             2

NOT LESS THAN FIFTY DOLLARS AND NOT MORE THAN TWO HUNDRED DOLLARS FOR  A
SECOND  VIOLATION,  AND  NOT  LESS THAN TWO HUNDRED DOLLARS AND NOT MORE
THAN FIVE HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION  WITHIN  A
TWENTY-FOUR MONTH PERIOD.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.