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Assembly Bill A537A

2017-2018 Legislative Session

Requires food allergy awareness in food service establishments and online food ordering services

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2017-A537 - Details

See Senate Version of this Bill:
S6425
Law Section:
Public Health Law
Laws Affected:
Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1307, S1432
2021-2022: A2344

2017-A537 - Summary

Requires food allergy awareness in food establishments and online food ordering services.

2017-A537 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    537
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  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  food  allergy
   awareness  in  food  service  establishments  and  internet-based food
   delivery services

   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
 1356 to read as follows:
   § 1356. FOOD ALLERGEN NOTICE REQUIREMENTS. 1. DEFINITIONS. A. "COVERED
 LANGUAGES" SHALL MEAN ENGLISH, SPANISH,  CHINESE,  KOREAN,  RUSSIAN  AND
 FRENCH  (CREOLE), AND ANY OTHER LANGUAGE DETERMINED BY THE DEPARTMENT TO
 BE THE SIX MOST COMMON LANGUAGES SPOKEN BY  LIMITED  ENGLISH  PROFICIENT
 INDIVIDUALS.
   B.  "FOOD  SERVICE ESTABLISHMENT" SHALL APPLY TO RESTAURANTS, CATERING
 HALLS AND GROCERY STORES WHERE FOOD IS PREPARED AND SERVED EITHER ON  OR
 OFF SITE BUT SHALL NOT INCLUDE BODEGAS.
   C.  "INTERNET-BASED FOOD DELIVERY SERVICE" SHALL MEAN ANY FOOD SERVICE
 ESTABLISHMENT OR ANY THIRD-PARTY WEBSITE THAT ACCEPTS  FOOD  ORDERS  FOR
 DELIVERY FROM CUSTOMERS VIA THE INTERNET.
   D.  "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.
   2. THE DEPARTMENT SHALL CREATE A POSTER CONTAINING INFORMATION ON FOOD
 ALLERGY  TO BE POSTED IN FOOD SERVICE ESTABLISHMENTS, INCLUDING, BUT NOT
 LIMITED TO, THE EIGHT MOST COMMON ALLERGY-CAUSING FOODS, WHAT THE SERVER
 SHOULD DO IF A CUSTOMER INFORMS THEM OF  A  FOOD  ALLERGY,  HOW  KITCHEN
 STAFF  AND SERVERS CAN PREVENT CROSS-CONTAMINATION, AND TO CALL 911 IF A
 CUSTOMER HAS AN ALLERGIC REACTION.  SUCH POSTER SHALL BE PRINTED IN  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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2017-A537A (ACTIVE) - Details

See Senate Version of this Bill:
S6425
Law Section:
Public Health Law
Laws Affected:
Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1307, S1432
2021-2022: A2344

2017-A537A (ACTIVE) - Summary

Requires food allergy awareness in food establishments and online food ordering services.

2017-A537A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  537--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the public health  law,  in  relation  to  food  allergy
   awareness  in  food  service  establishments  and online food ordering
   services
 
   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
 1356 to read as follows:
   § 1356. FOOD ALLERGIES  NOTICE  IN  FOOD  SERVICE  ESTABLISHMENTS  AND
 ONLINE FOOD ORDERING SERVICES. 1.  DEFINITIONS. (A) "FOOD SERVICE ESTAB-
 LISHMENT" SHALL MEAN A RESTAURANT, CATERING HALL, OR GROCERY STORE WHERE
 FOOD IS PREPARED AND SERVED EITHER ON OR OFF SITE.
   (B)  "MENU"  SHALL  MEAN A LIST OR PICTORAL DISPLAY OF A PREPARED FOOD
 ITEM OR ITEMS AVAILABLE FOR SALE  FROM  A  FOOD  ESTABLISHMENT  FOR  THE
 PURPOSE  OF  PERMITTING  A  CUSTOMER  TO  ORDER SUCH FOOD ITEM OR ITEMS,
 INCLUDING SUCH LIST OR PICTORAL DISPLAY POSTED ON  THE  INTERNET  FOR  A
 CUSTOMER TO PLACE FOOD ORDERS FOR DELIVERY  OR TAKE OUT.
   2.  THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE,
 IN ENGLISH AND IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE
 STATE ACCORDING TO THE LATEST AVAILABLE  DATA  FROM  THE  UNITED  STATES
 CENSUS BUREAU, A NOTICE CONTAINING INFORMATION FOR STAFF OF FOOD SERVICE
 ESTABLISHMENTS REGARDING FOOD ALLERGIES. SUCH NOTICE SHALL INCLUDE:
   (A)  THE PROCEDURES TO BE FOLLOWED IF A CUSTOMER INFORMS STAFF OF SUCH
 FOOD SERVICE ESTABLISHMENT THAT SUCH CUSTOMER HAS A FOOD ALLERGY;
   (B) THE PROCEDURES TO BE FOLLOWED TO PREVENT CROSS CONTAMINATION; AND
   (C) THE PROCEDURE TO  BE  FOLLOWED  IF  A  CUSTOMER  HAS  AN  ALLERGIC
 REACTION,  INCLUDING  A  RECOMMENDATION  REGARDING  THE CIRCUMSTANCES IN
 WHICH TO CALL 911.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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