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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.43
Jun 15, 2017 ordered to third reading rules cal.318
rules report cal.318
reported
Jun 06, 2017 reported referred to rules
May 16, 2017 reported referred to codes
May 12, 2017 print number 537a
May 12, 2017 amend (t) and recommit to consumer affairs and protection
Jan 09, 2017 referred to consumer affairs and protection

A537 - Details

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

A537 - Summary

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

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.

Co-Sponsors

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Multi-Sponsors

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 2019-2020 Legislative Session:
A1307, S1432

A537A (ACTIVE) - Summary

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

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.