NY State Senate Bill 2017-S3097

Senate Bill S3097

2017-2018 Legislative Session

Requires gluten cross contamination safeguards in food establishments owned, operated or leased by any department or agency of the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 19, 2017	referred to finance

2017-S3097 (ACTIVE) - Details

See Assembly Version of this Bill:: A6068
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §146-a, St Fin L; amd §206, Pub Health L; add §101-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4283, A7648
2015-2016: S1732, A6841
2019-2020: S4027, A6284
2021-2022: S3270
2023-2024: S4685

2017-S3097 (ACTIVE) - Summary

Requires gluten cross-contamination safeguards in food establishments owned, operated or leased by any department or agency of the state.

2017-S3097 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3097

 TITLE OF BILL :  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

 PURPOSE :

To provide safety for those with food allergies and/or celiac disease
who are served through food establishments owned, operated or leased
by the state or the state university of New York

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: All state departments and agencies, and the state
university of New York, shall place a contract provision in all
renewal contracts and new contracts for the operation of a food
service establishment, requiring the use of reasonable precautions to
avoid gluten cross-contamination.

Section 2: The commissioner of health shall promulgate rules, in
consultation with the commissioner of education, specifying reasonable
methods to avoid cross-contamination of gluten-free food by food
containing gluten.

Section 3: The commissioner of education shall promulgate rules, in
consultation with the commissioner of health, specifying reasonable
methods to avoid cross-contamination of gluten-free food by food
containing gluten.

Section 4: This act shall take effect on the thirtieth day after it
becomes law.

 JUSTIFICATION :

Approximately 1St of the United States population suffers from gluten
intolerance of one form or another, ranging from gluten sensitivity*
to Celiac disease.** Celiac disease is a digestive disease that
damages the small intestine and interferes with absorption of
nutrients from food. Celiac disease affects people in all parts of the
world. Originally thought to be a rare childhood syndrome, celiac
disease is now known to be a common genetic disorder. It is also
becoming more prevalent***, as gluten is now used in a far wider
variety of foods than in previous years.

*See, HTTP://EN.WIKIPEDIA.ORG/WIKI/GLUTEN SENSITIVITY, last visited
3/18/2013.

** See, http://www.mayoclinic.com/health/ celiac-disease/
DS00319/DSECTION=causes, last visited 3/18/2013.

See, HTTP://ABCNEWS.GO.COM/ HEALTH/
WELLNESSNEWS/STORY?ID=7988436&PAGE=1, last visited 1/18/2013.

More than two million people in the United States have the disease, or
about 1 in 133 people. People who have celiac disease cannot tolerate
gluten, a protein present in wheat, rye, and barley. Gluten is found
mainly in foods, but may also be found in everyday products such as
medicines, vitamins and lip balms.

In order to diminish or eliminate the symptoms of gluten intolerance,
gluten sensitivity and celiac sufferers may adopt a gluten free diet.
Although some persons with non-celiac gluten intolerance are not

affected by gluten cross-contamination of their gluten-free food, it
is safest to take careful measures to avoid cross contamination.

This bill will require the contractor or vendor operating a food
service 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.

 LEGISLATIVE HISTORY :

2015-16: S.1732A - Amend and Recommit to Finance

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S3097 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3097
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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:
   §  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.
   § 2. Section 206 of the public health law is amended by adding  a  new
 subdivision 31 to read as follows:
   31.  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.
   § 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.
                                                            LBD06606-01-7

 S. 3097                             2
 
   § 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.
   § 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.

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