S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1307--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  STECK, D'URSO, ARROYO, STERN,
   BRABENEC, LAVINE -- Multi-Sponsored by -- M. of  A.  EPSTEIN  --  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 CONTACT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00531-03-9

              

 A. 1307--A                          2
 
   (C)  THE  PROCEDURE  TO  BE  FOLLOWED  IF  A  CUSTOMER HAS AN ALLERGIC
 REACTION, INCLUDING A  RECOMMENDATION  REGARDING  THE  CIRCUMSTANCES  IN
 WHICH TO CALL 911.
   3.  EVERY  FOOD SERVICE ESTABLISHMENT SHALL POST THE NOTICE CONTAINING
 INFORMATION ON FOOD ALLERGIES ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION IN A  CONSPICUOUS  LOCATION  ACCESSIBLE  TO  ALL  EMPLOYEES
 INVOLVED  IN  THE PREPARATION OR SERVICE OF FOOD, IN AT LEAST ONE OF THE
 LANGUAGES SPOKEN BY EACH EMPLOYEE TO THE EXTENT SUCH LANGUAGES ARE AMONG
 THOSE IN WHICH THE DEPARTMENT MAKES THE  NOTICE  AVAILABLE  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION.
   4.  THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE,
 IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE STATE  ACCORD-
 ING TO THE LATEST AVAILABLE DATA FROM THE UNITED STATES CENSUS BUREAU, A
 TRANSLATION OF THE FOLLOWING: "IF YOU HAVE A FOOD ALLERGY, PLEASE NOTIFY
 US."
   5.  EVERY  FOOD SERVICE ESTABLISHMENT OPERATING IN NEW YORK STATE THAT
 MAKES AVAILABLE A MENU SHALL INCLUDE IN A  CONSPICUOUS  MANNER  ON  SUCH
 MENU THE FOLLOWING:  "IF YOU HAVE A FOOD ALLERGY, PLEASE NOTIFY US."  IF
 SUCH  MENU  IS  AVAILABLE IN A LANGUAGE OTHER THAN ENGLISH FOR WHICH THE
 DEPARTMENT MAKES A TRANSLATION AVAILABLE PURSUANT TO SUBDIVISION FOUR OF
 THIS SECTION, SUCH FOOD SERVICE ESTABLISHMENT SHALL  ALSO  INCLUDE  SUCH
 TRANSLATION  IN  A  CONSPICUOUS MANNER. EVERY FOOD SERVICE ESTABLISHMENT
 THAT MAKES AVAILABLE A MENU ON THE INTERNET SHALL PROVIDE  A  METHOD  BY
 WHICH A CUSTOMER MAY INDICATE ANY FOOD ALLERGY SUCH CUSTOMER HAS.
   6. ANY FOOD SERVICE ESTABLISHMENT THAT VIOLATES THE PROVISIONS OF THIS
 SECTION  OR  ANY OF THE RULES OR REGULATIONS PROMULGATED HEREUNDER SHALL
 BE LIABLE FOR A CIVIL PENALTY NOT  TO  EXCEED  ONE  HUNDRED  TWENTY-FIVE
 DOLLARS FOR EACH VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.