S T A T E O F N E W Y O R K
________________________________________________________________________
749
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
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Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to allergy awareness
and training in restaurants
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-e to read as follows:
S 1352-E. ALLERGY AWARENESS AND TRAINING IN RESTAURANTS. 1. DEFI-
NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
AS BASS, FLOUNDER, OR COD); CRUSTACEANS (SUCH AS CRAB, LOBSTER, OR
SHRIMP); TREE NUTS (SUCH AS ALMONDS, PECANS, PISTACHIOS, OR WALNUTS),
WHEAT, PEANUTS, AND SOYBEANS; AND (II) A FOOD INGREDIENT THAT CONTAINS
PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
THIS DOES NOT INCLUDE: (1) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD
SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH OR ANY INGREDIENT
DERIVED FROM SUCH HIGHLY REFINED OIL; OR (2) ANY INGREDIENT THAT IS
EXEMPT UNDER THE PETITION OR NOTIFICATION PROCESS SPECIFIED IN THE
FEDERAL FOOD ALLERGEN LABELING AND CONSUMER PROTECTION ACT OF 2004.
(B) "MENU" SHALL MEAN A PRINTED OR PICTORIAL DISPLAY OF A FOOD ITEM OR
ITEMS AND THEIR PRICE OR PRICES THAT ARE AVAILABLE FOR SALE FROM A FOOD
ESTABLISHMENT. THIS INCLUDES MENUS DISTRIBUTED OR PROVIDED OUTSIDE THE
ESTABLISHMENT AND PROMOTIONAL ITEMS THAT INCLUDE MENU INFORMATION FROM
WHICH A CUSTOMER CAN PLACE AN ORDER.
(C) "MENU BOARD" SHALL MEAN ANY LIST OR PICTORIAL DISPLAY OF A FOOD
ITEM OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A FOOD
ESTABLISHMENT.
(D) "APPROVED TRAINING PROVIDER" SHALL MEAN A TRAINING PROVIDER THAT
HAS BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT OF
ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04256-01-5
A. 749 2
2. GENERAL REQUIREMENTS. (A) ALL MANAGERS AND DESIGNATED FOOD PREPAR-
ERS AND OTHER EMPLOYEES HIRED BY A FOOD SERVICE ESTABLISHMENT THAT
COOKS, PREPARES, OR SERVES FOOD INTENDED FOR IMMEDIATE CONSUMPTION
EITHER ON OR OFF THE PREMISES SHALL COMPLETE ALLERGEN AWARENESS TRAINING
AND PASS AN ASSESSMENT FROM AN APPROVED TRAINING PROVIDER TO OBTAIN A
CERTIFICATE OF ALLERGEN AWARENESS TRAINING PRIOR TO OR WITHIN THIRTY
DAYS AFTER HIS OR HER HIRE DATE.
(B) ALL MANAGERS AND DESIGNATED EMPLOYEES SHALL COMPLETE ALLERGEN
AWARENESS TRAINING AND PASS AN ASSESSMENT FROM AN APPROVED TRAINING
PROVIDER TO ENSURE EACH MANAGER AND EMPLOYEE HAS A CERTIFICATE OF ALLER-
GEN AWARENESS TRAINING PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER
HIRE DATE.
(C) SUCH FOOD ESTABLISHMENTS SHALL INCLUDE ON ALL PRINTED MENUS AND
MENU BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER NOTIFY
THE SERVER, BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY TO A
MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
(D) THE NOTICE MUST BE INCLUDED ON PRINTED MENUS AND ON INDOOR AND
OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
(E) ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE POINT
OF SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE FONT
SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
(F) IN LIEU OF PLACING THE NOTICE DIRECTLY ON THE INDOOR OR OUTDOOR
MENU BOARD ITSELF, THE FOOD ESTABLISHMENT MAY POST THE NOTICE ADJACENT
TO THE MENU OR AT EACH POINT OF SERVICE WHERE FOOD IS ORDERED. SUCH
NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
AND READ FROM A DISTANCE OF FIVE FEET BY A PERSON STANDING AT OR
APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
SHALL NOT BE OBSTRUCTED FROM VIEW.
3. FOOD ALLERGEN AWARENESS TRAINING. (A) FOOD SERVICE ESTABLISHMENTS
SHALL HAVE ON STAFF MANAGERS AND EMPLOYEES WHO HAVE BEEN ISSUED A
CERTIFICATE OF ALLERGEN AWARENESS TRAINING BY AN APPROVED TRAINING
PROVIDER AS QUALIFIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID
FOR FIVE YEARS.
(B) MANAGERS SHALL:
(I) DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE FOOD
ALLERGEN AWARENESS TRAINING CERTIFICATE ISSUED BY AN APPROVED TRAINING
PROVIDER;
(II) ENSURE THAT DESIGNATED EMPLOYEES ARE PROPERLY TRAINED IN FOOD
ALLERGY AWARENESS AS IT RELATED TO THEIR ASSIGNED DUTIES; AND
(III) ENSURE THAT AT LEAST ONE EMPLOYEE WITH A CERTIFICATE OF ALLERGEN
AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
4. CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS TRAIN-
ING SHALL BE RENEWED EVERY FIVE YEARS BY COMPLETING AN ALLERGEN AWARE-
NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
(B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
5. FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL DEVELOP
A PROGRAM FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY AWARE" AND
SHALL MAINTAIN A LISTING OF RESTAURANTS RECEIVING SUCH DESIGNATION ON
ITS WEBSITE. PARTICIPATION IN THE PROGRAM SHALL BE VOLUNTARY AND THE
DEPARTMENT SHALL, IN CONSULTATION WITH THE NEW YORK STATE RESTAURANT
ASSOCIATION, ISSUE GUIDELINES AND REQUIREMENTS FOR RESTAURANTS TO
RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE
A. 749 3
TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
(B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
TION WITH THE NEW YORK STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO, COMPLIANCE OF RESTAURANTS WITH THIS SECTION, AND
PROPOSED CHANGES TO THIS SECTION CONSISTENT WITH THE PUBLIC HEALTH AND
WELFARE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided that the commissioner of health is author-
ized to promulgate any and all rules and regulations and take any other
measures necessary to implement this act on its effective date, on or
before such date.