S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3190
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law,  in  relation  to  food  allergen
   information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. The section heading of section 1352-b of the public  health
 law,  as added by chapter 613 of the laws of 1980, is amended to read as
 follows:
   Public eating establishments; first aid instructions  concerning  food
 lodged in throat; FOOD ALLERGEN INFORMATION; liability.
   §  2.  Subdivisions  3, 4 and 5 of section 1352-b of the public health
 law are renumbered subdivisions 4, 5 and 6 and a new  subdivision  3  is
 added to read as follows:
   3.  FOOD  ALLERGEN INFORMATION FOR PROPRIETORS AND EMPLOYEES OF PUBLIC
 EATING ESTABLISHMENTS. A.  THE  COMMISSIONER  SHALL  ADOPT  AND  APPROVE
 INFORMATION TO EDUCATE PROPRIETORS AND EMPLOYEES OF PUBLIC EATING ESTAB-
 LISHMENTS  ABOUT  THE  DANGERS OF SEVERE FOOD ALLERGENS TO FOOD ALLERGIC
 INDIVIDUALS. SUCH INFORMATION SHALL INCLUDE BUT NOT BE LIMITED  TO:  THE
 NEED  TO  INFORM  CUSTOMERS OF THE PRESENCE OF SUCH ALLERGENS IN FOOD OR
 MEALS ON THE MENU OR THROUGH VERBAL  DESCRIPTIONS;  THE  POSSIBILITY  OF
 CROSS-CONTAMINATION  OF  A FOOD WITH AN ALLERGEN DURING FOOD PREPARATION
 AND THE NEED TO INFORM CUSTOMERS OF THAT POSSIBILITY; AND, THE  SYMPTOMS
 OF  SEVERE ALLERGIC REACTIONS TO FOOD AND THE NEED FOR RAPID RESPONSE TO
 SUCH EMERGENCIES.
   B. THE COMMISSIONER SHALL, AS  SOON  AS  PRACTICABLE,  SUPPLY  TO  THE
 PROPRIETOR  OF  EVERY  PUBLIC  EATING  ESTABLISHMENT  IN THIS STATE SUCH
 ADOPTED AND APPROVED INFORMATION AND DEVELOP  REGULATIONS  FOR  DISTRIB-
 UTION OR POSTING OF SUCH INFORMATION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, provided, however, that effective immediate-
 ly  the  commissioner  of  health  may promulgate any rule or regulation
 necessary for the timely implementation of this  act  on  its  effective
 date.
              
             
                          
                 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06221-01-7