S T A T E   O F   N E W   Y O R K
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                                  7648

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the state finance law, the public health law and the
  education law, in relation to  requiring  gluten  cross  contamination
  safeguards  in  food  establishments  owned, operated or leased by any
  department or agency of the state or the state university of New York

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

  Section  1.  The  state finance law is amended by adding a new section
146-a to read as follows:
  S 146-A. CONTRACTS FOR FOOD SERVICE ESTABLISHMENTS.    NOTWITHSTANDING
ANY  OTHER  PROVISIONS  OF  LAW, ALL NEW CONTRACTS, RENEWAL CONTRACTS OR
CHANGE ORDERS FOR AN EXISTING CONTRACT MADE AND AWARDED BY  ANY  DEPART-
MENT OR AGENCY OF THE STATE OR THE STATE UNIVERSITY OF NEW YORK, FOR THE
OPERATION  OF  A  FOOD  SERVICE ESTABLISHMENT, SHALL CONTAIN A PROVISION
REQUIRING THE CONTRACTOR OR VENDOR OPERATING  SUCH  ESTABLISHMENT  IN  A
STATE-OWNED,  OPERATED OR LEASED BUILDING TO TAKE REASONABLE PRECAUTIONS
TO AVERT THE CROSS-CONTAMINATION OF GLUTEN-FREE FOODS PREPARED  BY  SUCH
ESTABLISHMENT BY FOOD CONTAINING GLUTEN.
  S  2.  Section 206 of the public health law is amended by adding a new
subdivision 29 to read as follows:
  29. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  EDUCA-
TION, SHALL PROMULGATE RULES AND REGULATIONS SPECIFYING REASONABLE METH-
ODS  TO  AVERT  THE  CROSS-CONTAMINATION  OF  GLUTEN-FREE FOODS BY FOODS
CONTAINING GLUTEN DURING THE PREPARATION OF SUCH FOOD IN CAFETERIAS  AND
RESTAURANTS  OR  ANY  OTHER  FOOD  ESTABLISHMENT OPERATED BY A VENDOR OR
CONTRACTOR ON PROPERTIES OWNED, OPERATED OR LEASED BY ANY DEPARTMENT  OR
AGENCY OF THE STATE OR THE STATE UNIVERSITY OF NEW YORK.
  S  3.  The  education  law is amended by adding a new section 101-c to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09895-01-3

              

A. 7648                             2

  S 101-C. RULES AND REGULATIONS; GLUTEN CROSS-CONTAMINATION PREVENTION.
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL
PROMULGATE RULES AND REGULATIONS SPECIFYING REASONABLE METHODS TO  AVERT
THE  CROSS-CONTAMINATION OF GLUTEN-FREE FOODS BY FOODS CONTAINING GLUTEN
DURING THE PREPARATION OF SUCH FOOD IN CAFETERIAS AND RESTAURANTS OR ANY
OTHER  FOOD  ESTABLISHMENT OPERATED BY A VENDOR OR CONTRACTOR ON PROPER-
TIES OWNED, OPERATED OR LEASED BY THE STATE UNIVERSITY OF NEW YORK.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law, provided, however, that effective immediately, the
addition, amendment, or repeal of any rule or regulation  necessary  for
the  implementation  of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.