NY State Senate Bill 2019-S5681B

Archive: Last Bill Status - In Senate Committee Health 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 17, 2020	print number 5681b
Jan 17, 2020	amend and recommit to health
Jan 08, 2020	referred to health
Jun 07, 2019	print number 5681a
Jun 07, 2019	amend and recommit to health
May 10, 2019	referred to health

Bill Amendments

Original

B (Active)

2019-S5681 - Details

See Assembly Version of this Bill:: A1027
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8485
2015-2016: A749
2017-2018: A329
2021-2022: S585, S8112, A548
2023-2024: S6778

2019-S5681 - Summary

Relates to allergy awareness and training in restaurants; requires allergen awareness training; certification within thirty days after hire date.

2019-S5681 - Sponsor Memo

                                
 
BILL NUMBER: S5681

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the public health law, in relation to
allergy awareness and training in restaurants

 
PURPOSE:

To ensure that customers with allergies have reduced risk of exposure to
allergens while dining in a restaurant. This bill also ensures that
certain restaurant staff members are knowledgeable regarding allergens.
The bill includes an analysis of the impact of allergy awareness train-
ing in restaurants, which will gauge the effectiveness of this legis-
lation and make sure this bill supports the interests of public health
and welfare.

 
SUMMARY OF PROVISIONS:

Section one amended the public health law by adding new section 1352-f
which defines "Major food allergen", "Menu", "Menu board", "Approved
training provider". Section one also specifies that all managers, food

prepares and other employees hired by a food service establishment that
cooks, prepares, or serve s food shall need to complete an allergen
awareness training course and pass such an assessment prior to or within
thirty days after his or her hire.  Furthermore, all food establishments
will be required to include a clear and conspicuous notice requesting
that a customer notify the server, before placing an order, about the
customer's allergy to a major food allergen. Managers are to post their
allergen awareness training certificates and ensure employees are prop-
erly trained in food allergy awareness if it is related to their
assigned duties. This legislation also creates a voluntary food allergy
aware designation for restaurants to be designated as "food allergy
aware". Finally, the commissioner, in consultation with the New York
State restaurant association will be required to submit a report to the
clerks of the Assembly and the Senate.

Section two sets forth the effective date.

 
EXISTING LAW:

No such provision.

 
JUSTIFICATION:

Thousands of individuals who suffer from food allergies may be avoiding
dining at restaurants for fear that restaurant personnel may not be
trained properly in food allergy awareness. Many feel limited as they
unfortunately refrain from visiting restaurants due to the frightening
possibility of anaphylaxis. This legislation would establish a system of
training select restaurant personnel on how to handle food preparation
when a customer has food allergies. Many courses currently exist that
would satisfy this requirement, including one initiated by one of the
most prominent food allergy associations, Food Allergy Research and
Education (FARE). The National Restaurant Association encourages
instruction in this subject area as well and has assisted in creating a
comprehensive, interactive training course designed to make employees
more conscientious and careful.

 
LEGISLATIVE HISTORY:
2017-18: A.329 - Referred to Health
2015-16: A.749 - Referred to Health
2013-14: A.8485 - Referred to Health

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect on ninetieth day after it shall have become
a law; provided that the commissioner of health is authorized to promul-
gate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date, on or before such
date.

2019-S5681 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5681
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to allergy  awareness
   and training in restaurants
 
   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
 1352-f to read as follows:
   §  1352-F.  ALLERGY  AWARENESS  AND TRAINING IN RESTAURANTS. 1.  DEFI-
 NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
 AS BASS, FLOUNDER, OR COD);  CRUSTACEANS  (SUCH  AS  CRAB,  LOBSTER,  OR
 SHRIMP);  TREE  NUTS  (SUCH AS ALMONDS, PECANS, PISTACHIOS, OR WALNUTS),
 WHEAT, PEANUTS, AND SOYBEANS; AND (II) A FOOD INGREDIENT  THAT  CONTAINS
 PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
 THIS  DOES  NOT  INCLUDE: (1) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD
 SPECIFIED IN SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  OR  ANY  INGREDIENT
 DERIVED  FROM  SUCH  HIGHLY  REFINED  OIL; OR (2) ANY INGREDIENT THAT IS
 EXEMPT UNDER THE PETITION  OR  NOTIFICATION  PROCESS  SPECIFIED  IN  THE
 FEDERAL FOOD ALLERGEN LABELING AND CONSUMER PROTECTION ACT OF 2004.
   (B) "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.
   (C) "MENU BOARD" SHALL MEAN ANY LIST OR PICTORIAL DISPLAY  OF  A  FOOD
 ITEM  OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A FOOD
 ESTABLISHMENT.
   (D) "APPROVED TRAINING PROVIDER" SHALL MEAN A TRAINING  PROVIDER  THAT
 HAS  BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT OF
 ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00523-01-9

 S. 5681                             2
 
   2. GENERAL REQUIREMENTS. (A) ALL MANAGERS AND DESIGNATED FOOD  PREPAR-
 ERS  AND  OTHER  EMPLOYEES  HIRED  BY  A FOOD SERVICE ESTABLISHMENT THAT
 COOKS, PREPARES, OR  SERVES  FOOD  INTENDED  FOR  IMMEDIATE  CONSUMPTION
 EITHER ON OR OFF THE PREMISES SHALL COMPLETE ALLERGEN AWARENESS TRAINING
 AND  PASS  AN  ASSESSMENT FROM AN APPROVED TRAINING PROVIDER TO OBTAIN A
 CERTIFICATE OF ALLERGEN AWARENESS TRAINING PRIOR  TO  OR  WITHIN  THIRTY
 DAYS AFTER HIS OR HER HIRE DATE.
   (B)  ALL  MANAGERS  AND  DESIGNATED  EMPLOYEES SHALL COMPLETE ALLERGEN
 AWARENESS TRAINING AND PASS AN  ASSESSMENT  FROM  AN  APPROVED  TRAINING
 PROVIDER TO ENSURE EACH MANAGER AND EMPLOYEE HAS A CERTIFICATE OF ALLER-
 GEN  AWARENESS  TRAINING PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER
 HIRE DATE.
   (C) SUCH FOOD ESTABLISHMENTS SHALL INCLUDE ON ALL  PRINTED  MENUS  AND
 MENU  BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER NOTIFY
 THE SERVER, BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY  TO  A
 MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
 PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
   (D)  THE  NOTICE  MUST  BE INCLUDED ON PRINTED MENUS AND ON INDOOR AND
 OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
   (E) ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE  POINT
 OF  SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE FONT
 SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
 SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
   (F) IN LIEU OF PLACING THE NOTICE DIRECTLY ON THE  INDOOR  OR  OUTDOOR
 MENU  BOARD  ITSELF, THE FOOD ESTABLISHMENT MAY POST THE NOTICE ADJACENT
 TO THE MENU OR AT EACH POINT OF SERVICE  WHERE  FOOD  IS  ORDERED.  SUCH
 NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
 AND  READ  FROM  A  DISTANCE  OF  FIVE  FEET  BY A PERSON STANDING AT OR
 APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
 SHALL NOT BE OBSTRUCTED FROM VIEW.
   3. FOOD ALLERGEN AWARENESS TRAINING. (A) FOOD  SERVICE  ESTABLISHMENTS
 SHALL  HAVE  ON  STAFF  MANAGERS  AND  EMPLOYEES  WHO HAVE BEEN ISSUED A
 CERTIFICATE OF ALLERGEN  AWARENESS  TRAINING  BY  AN  APPROVED  TRAINING
 PROVIDER  AS  QUALIFIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID
 FOR FIVE YEARS.
   (B) MANAGERS SHALL:
   (I) DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE  FOOD
 ALLERGEN  AWARENESS  TRAINING CERTIFICATE ISSUED BY AN APPROVED TRAINING
 PROVIDER;
   (II) ENSURE THAT DESIGNATED EMPLOYEES ARE  PROPERLY  TRAINED  IN  FOOD
 ALLERGY AWARENESS AS IT RELATED TO THEIR ASSIGNED DUTIES; AND
   (III) ENSURE THAT AT LEAST ONE EMPLOYEE WITH A CERTIFICATE OF ALLERGEN
 AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
   4.  CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS TRAIN-
 ING SHALL BE RENEWED EVERY FIVE YEARS BY COMPLETING AN  ALLERGEN  AWARE-
 NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
   (B)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
 LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
   5. FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL  DEVELOP
 A  PROGRAM  FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY AWARE" AND
 SHALL MAINTAIN A LISTING OF RESTAURANTS RECEIVING  SUCH  DESIGNATION  ON
 ITS  WEBSITE.  PARTICIPATION  IN  THE PROGRAM SHALL BE VOLUNTARY AND THE
 DEPARTMENT SHALL, IN CONSULTATION WITH THE  NEW  YORK  STATE  RESTAURANT
 ASSOCIATION,  ISSUE  GUIDELINES  AND  REQUIREMENTS  FOR  RESTAURANTS  TO
 RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
 BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE

 S. 5681                             3
 
 TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
 TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
   (B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
 TION  WITH  THE  NEW  YORK  STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
 REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
 ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT  SHALL  INCLUDE,  BUT
 NOT  BE  LIMITED  TO,  COMPLIANCE  OF RESTAURANTS WITH THIS SECTION, AND
 PROPOSED CHANGES TO THIS SECTION CONSISTENT WITH THE PUBLIC  HEALTH  AND
 WELFARE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided that the commissioner of health  is  author-
 ized  to promulgate any and all rules and regulations and take any other
 measures necessary to implement this act on its effective  date,  on  or
 before such date.

2019-S5681A - Details

See Assembly Version of this Bill:: A1027
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8485
2015-2016: A749
2017-2018: A329
2021-2022: S585, S8112, A548
2023-2024: S6778

2019-S5681A - Summary

Relates to allergy awareness and training in restaurants; requires allergen awareness training; certification within thirty days after hire date.

2019-S5681A - Sponsor Memo

                                
 
BILL NUMBER: S5681A

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the public health law, in relation to
allergy awareness and training in restaurants

 
PURPOSE:

To ensure that customers with allergies have reduced risk of exposure to
allergens while dining in a restaurant. This bill also ensures that
certain restaurant staff members are knowledgeable regarding allergens.
The bill includes an analysis of the impact of allergy awareness train-
ing in restaurants, which will gauge the effectiveness of this legis-
lation and make sure this bill supports the interests of public health
and welfare.

 
SUMMARY OF PROVISIONS:

Amends the public health law by adding new section 1352-f requiring food
service management staff to be trained on food allergy awareness and
lays out the character and requirements for it.

 
EXISTING LAW:

No such provision.

 
JUSTIFICATION:

Thousands of individuals who suffer from food allergies may be avoiding
dining at restaurants for fear that restaurant personnel may not be
trained properly in food allergy awareness. Many feel limited as they
unfortunately refrain from visiting restaurants due to the frightening
possibility of anaphylaxis. This legislation would establish a system of
training select restaurant personnel on how to handle food preparation
when a customer has food allergies. Many courses currently exist that
would satisfy this requirement, including one initiated by one of the
most prominent food allergy associations, Food Allergy Research and
Education (FARE). The National Restaurant Association encourages
instruction in this subject area as well and has assisted in creating a
comprehensive, interactive training course designed to make employees
more conscientious and careful.

 
LEGISLATIVE HISTORY:

2017-18: A.329 - Referred to Health
2015-16: A.749 - Referred to Health
2013-14: A.8485 - Referred to Health

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect on ninetieth day after it shall have become
a law; provided that the commissioner of health is authorized to promul-
gate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date, on or before such
date.

2019-S5681A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5681--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public health law, in relation to allergy awareness
   and training in restaurants

   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
 1352-f to read as follows:
   § 1352-F. ALLERGY AWARENESS AND TRAINING IN  RESTAURANTS.  1.    DEFI-
 NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
 AS  BASS,  FLOUNDER,  OR  COD);  CRUSTACEANS  (SUCH AS CRAB, LOBSTER, OR
 SHRIMP); TREE NUTS (SUCH AS ALMONDS, PECANS,  PISTACHIOS,  OR  WALNUTS),
 WHEAT,  PEANUTS,  AND SOYBEANS; AND (II) A FOOD INGREDIENT THAT CONTAINS
 PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
 THIS DOES NOT INCLUDE: (1) ANY HIGHLY REFINED OIL DERIVED  FROM  A  FOOD
 SPECIFIED  IN  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH  OR ANY INGREDIENT
 DERIVED FROM SUCH HIGHLY REFINED OIL; OR  (2)  ANY  INGREDIENT  THAT  IS
 EXEMPT  UNDER  THE  PETITION  OR  NOTIFICATION  PROCESS SPECIFIED IN THE
 FEDERAL FOOD ALLERGEN LABELING AND CONSUMER PROTECTION ACT OF 2004.
   (B) "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.
   (C)  "MENU  BOARD"  SHALL MEAN ANY LIST OR PICTORIAL DISPLAY OF A FOOD
 ITEM OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A  FOOD
 ESTABLISHMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00523-05-9

 S. 5681--A                          2
 
   (D)  "APPROVED  TRAINING PROVIDER" SHALL MEAN A TRAINING PROVIDER THAT
 HAS BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT  OF
 ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.
   (E)  "FOOD SAFETY MANAGER" SHALL MEAN A MANAGERIAL EMPLOYEE DESIGNATED
 BY HIS OR HER EMPLOYER TO COMPLETE ALLERGEN AWARENESS  TRAINING  AND  TO
 OBTAIN  A  CERTIFICATE  OF  ALLERGEN  AWARENESS TRAINING PURSUANT TO THE
 REQUIREMENTS OF THIS SECTION.
   2. GENERAL REQUIREMENTS. (A) ALL FOOD SAFETY MANAGERS HIRED BY A  FOOD
 SERVICE  ESTABLISHMENT THAT COOKS, PREPARES, OR SERVES FOOD INTENDED FOR
 IMMEDIATE CONSUMPTION EITHER ON  OR  OFF  THE  PREMISES  SHALL  COMPLETE
 ALLERGEN  AWARENESS  TRAINING  AND  PASS  AN ASSESSMENT FROM AN APPROVED
 TRAINING PROVIDER TO OBTAIN A CERTIFICATE OF ALLERGEN AWARENESS TRAINING
 PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER HIRE DATE.
   (B) SUCH FOOD ESTABLISHMENTS SHALL INCLUDE ON ALL  PRINTED  MENUS  AND
 MENU  BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER NOTIFY
 THE SERVER, BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY  TO  A
 MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
 PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
   (C)  THE  NOTICE  MUST  BE INCLUDED ON PRINTED MENUS AND ON INDOOR AND
 OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
   (D) ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE  POINT
 OF  SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE FONT
 SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
 SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
   (E) IN LIEU OF PLACING THE NOTICE DIRECTLY ON THE  INDOOR  OR  OUTDOOR
 MENU  BOARD  ITSELF, THE FOOD ESTABLISHMENT MAY POST THE NOTICE ADJACENT
 TO THE MENU OR AT EACH POINT OF SERVICE  WHERE  FOOD  IS  ORDERED.  SUCH
 NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
 AND  READ  FROM  A  DISTANCE  OF  FIVE  FEET  BY A PERSON STANDING AT OR
 APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
 SHALL NOT BE OBSTRUCTED FROM VIEW.
   3. FOOD ALLERGEN AWARENESS TRAINING. (A) FOOD  SERVICE  ESTABLISHMENTS
 SHALL  HAVE  ON  STAFF  MANAGERS  WHO  HAVE BEEN ISSUED A CERTIFICATE OF
 ALLERGEN AWARENESS TRAINING BY AN APPROVED TRAINING PROVIDER  AS  QUALI-
 FIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID FOR FIVE YEARS.
   (B) AN APPROVED TRAINING PROVIDER SHALL:
   (I)  DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE FOOD
 ALLERGEN AWARENESS TRAINING CERTIFICATE ISSUED BY AN  APPROVED  TRAINING
 PROVIDER;
   (II)  ENSURE THAT DESIGNATED FOOD SAFETY MANAGERS ARE PROPERLY TRAINED
 IN FOOD ALLERGY AWARENESS AS IT IS RELATED TO THEIR ASSIGNED DUTIES; AND
   (III) ENSURE THAT AT LEAST ONE FOOD SAFETY MANAGER WITH A  CERTIFICATE
 OF ALLERGEN AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
   4.  CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS TRAIN-
 ING SHALL BE RENEWED EVERY FIVE YEARS BY COMPLETING AN  ALLERGEN  AWARE-
 NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
   (B)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
 LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
   5. FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL  DEVELOP
 A  PROGRAM  FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY AWARE" AND
 SHALL MAINTAIN A LISTING OF RESTAURANTS RECEIVING  SUCH  DESIGNATION  ON
 ITS  WEBSITE.  PARTICIPATION  IN  THE PROGRAM SHALL BE VOLUNTARY AND THE
 DEPARTMENT SHALL, IN CONSULTATION WITH THE  NEW  YORK  STATE  RESTAURANT
 ASSOCIATION,  ISSUE  GUIDELINES  AND  REQUIREMENTS  FOR  RESTAURANTS  TO
 RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
 BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE

 S. 5681--A                          3
 
 TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
 TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
   (B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
 TION  WITH  THE  NEW  YORK  STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
 REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
 ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT  SHALL  INCLUDE,  BUT
 NOT  BE  LIMITED  TO,  COMPLIANCE  OF RESTAURANTS WITH THIS SECTION, AND
 PROPOSED CHANGES TO THIS SECTION CONSISTENT WITH THE PUBLIC  HEALTH  AND
 WELFARE.
   6.  EXEMPTIONS.  FOOD  SERVICE  ESTABLISHMENTS  HAVING  TWENTY OR MORE
 LOCATIONS AND THAT OTHERWISE REQUIRE  STAFF  TO  COMPLETE  A  NATIONALLY
 RECOGNIZED  FOOD  SAFETY  TRAINING  PROGRAM  WITH  AN ALLERGEN AWARENESS
 COMPONENT WHICH MEETS THE STANDARDS OF THE ALLERGEN  AWARENESS  TRAINING
 REQUIRED  BY  THIS SECTION SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law; provided that the commissioner of health is author-
 ized to promulgate any and all rules and regulations and take any  other
 measures  necessary  to  implement this act on its effective date, on or
 before such date.

2019-S5681B (ACTIVE) - Details

See Assembly Version of this Bill:: A1027
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8485
2015-2016: A749
2017-2018: A329
2021-2022: S585, S8112, A548
2023-2024: S6778

2019-S5681B (ACTIVE) - Summary

Relates to allergy awareness and training in restaurants; requires allergen awareness training; certification within thirty days after hire date.

2019-S5681B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5681B

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the public health law, in relation to allergy awareness
and training in restaurants

 
PURPOSE:

To ensure that customers with allergies have reduced risk of exposure to
allergens while dining in a restaurant. This bill also ensures that
certain restaurant staff members are knowledgeable regarding allergens.
The bill includes an analysis of the impact of allergy awareness train-
ing in restaurants, which will gauge the effectiveness of this legis-
lation and make sure this bill supports the interests of public health
and welfare.

 
SUMMARY OF PROVISIONS:

Amends the public health law by adding new section 1352-f requiring food

service management staff to be trained on food allergy awareness and
lays out the character and requirements for it.

 
EXISTING LAW:

No such provision.

 
JUSTIFICATION:

Thousands of individuals who suffer from food allergies may be avoiding
dining at restaurants for fear that restaurant personnel may not be
trained properly in food allergy awareness. Many feel limited as they
unfortunately refrain from visiting restaurants due to the frightening
possibility of anaphylaxis. This legislation would establish a system of
training select restaurant personnel on how to handle food preparation
when a customer has food allergies. Many courses currently exist that
would satisfy this requirement, including one initiated by one of the
most prominent food allergy associations, Food Allergy Research and
Education (FARE). The National Restaurant Association encourages
instruction in this subject area as well and has assisted in creating a
comprehensive, interactive training course designed to make employees
more conscientious and careful.

 
LEGISLATIVE HISTORY:

2017-18: A.329 - Referred to Health
2015-16: A.749 - Referred to Health
2013-14: A.8485 - Referred to Health

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect on ninetieth day after it shall have become
a law; provided that the commissioner of health is authorized to promul-
gate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date, on or before such
date.

2019-S5681B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5681--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Health in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the public health law, in relation to allergy awareness
   and training in restaurants
 
   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
 1352-f to read as follows:
   § 1352-F. ALLERGY AWARENESS AND TRAINING IN  RESTAURANTS.  1.    DEFI-
 NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
 AS  BASS,  FLOUNDER,  OR  COD);  CRUSTACEANS  (SUCH AS CRAB, LOBSTER, OR
 SHRIMP); TREE NUTS (SUCH AS ALMONDS,  CASHEWS,  PECANS,  PISTACHIOS,  OR
 WALNUTS), WHEAT, PEANUTS, SESAME, AND SOYBEANS; AND (II) A FOOD INGREDI-
 ENT  THAT CONTAINS PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH (I)
 OF THIS PARAGRAPH.  THIS DOES NOT INCLUDE: (1) ANY  HIGHLY  REFINED  OIL
 DERIVED  FROM  A FOOD SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH OR
 ANY INGREDIENT DERIVED FROM SUCH HIGHLY REFINED OIL; OR (2) ANY INGREDI-
 ENT THAT IS EXEMPT UNDER THE PETITION OR NOTIFICATION PROCESS  SPECIFIED
 IN  THE  FEDERAL  FOOD  ALLERGEN LABELING AND CONSUMER PROTECTION ACT OF
 2004.
   (B) "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00523-07-0

 S. 5681--B                          2
 
   (C)  "MENU  BOARD"  SHALL MEAN ANY LIST OR PICTORIAL DISPLAY OF A FOOD
 ITEM OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A  FOOD
 ESTABLISHMENT.
   (D)  "APPROVED  TRAINING PROVIDER" SHALL MEAN A TRAINING PROVIDER THAT
 HAS BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT  OF
 ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.
   (E)  "FOOD SAFETY MANAGER" SHALL MEAN A MANAGERIAL EMPLOYEE DESIGNATED
 BY HIS OR HER EMPLOYER TO COMPLETE ALLERGEN AWARENESS  TRAINING  AND  TO
 OBTAIN  A  CERTIFICATE  OF  ALLERGEN  AWARENESS TRAINING PURSUANT TO THE
 REQUIREMENTS OF THIS SECTION.
   2. GENERAL REQUIREMENTS. (A) ALL FOOD SAFETY MANAGERS HIRED BY A  FOOD
 SERVICE  ESTABLISHMENT THAT COOKS, PREPARES, OR SERVES FOOD INTENDED FOR
 IMMEDIATE CONSUMPTION EITHER ON  OR  OFF  THE  PREMISES  SHALL  COMPLETE
 ALLERGEN  AWARENESS  TRAINING  AND  PASS  AN ASSESSMENT FROM AN APPROVED
 TRAINING PROVIDER TO OBTAIN A CERTIFICATE OF ALLERGEN AWARENESS TRAINING
 PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER HIRE DATE.
   (B) SUCH FOOD ESTABLISHMENTS SHALL INCLUDE ON ALL  PRINTED  MENUS  AND
 MENU  BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER NOTIFY
 THE SERVER, BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY  TO  A
 MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
 PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
   (C)  THE  NOTICE  MUST  BE INCLUDED ON PRINTED MENUS AND ON INDOOR AND
 OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
   (D) ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE  POINT
 OF  SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE FONT
 SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
 SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
   (E) IN LIEU OF PLACING THE NOTICE DIRECTLY ON THE  INDOOR  OR  OUTDOOR
 MENU  BOARD  ITSELF, THE FOOD ESTABLISHMENT MAY POST THE NOTICE ADJACENT
 TO THE MENU OR AT EACH POINT OF SERVICE  WHERE  FOOD  IS  ORDERED.  SUCH
 NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
 AND  READ  FROM  A  DISTANCE  OF  FIVE  FEET  BY A PERSON STANDING AT OR
 APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
 SHALL NOT BE OBSTRUCTED FROM VIEW.
   3. FOOD ALLERGEN AWARENESS TRAINING. (A) FOOD  SERVICE  ESTABLISHMENTS
 SHALL  HAVE  ON  STAFF  MANAGERS  WHO  HAVE BEEN ISSUED A CERTIFICATE OF
 ALLERGEN AWARENESS TRAINING BY AN APPROVED TRAINING PROVIDER  AS  QUALI-
 FIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID FOR FIVE YEARS.
   (B) AN APPROVED TRAINING PROVIDER SHALL:
   (I)  DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE FOOD
 ALLERGEN AWARENESS TRAINING CERTIFICATE ISSUED BY AN  APPROVED  TRAINING
 PROVIDER;
   (II)  ENSURE THAT DESIGNATED FOOD SAFETY MANAGERS ARE PROPERLY TRAINED
 IN FOOD ALLERGY AWARENESS AS IT IS RELATED TO THEIR ASSIGNED DUTIES; AND
   (III) ENSURE THAT AT LEAST ONE FOOD SAFETY MANAGER WITH A  CERTIFICATE
 OF ALLERGEN AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
   4.  CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS TRAIN-
 ING SHALL BE RENEWED EVERY FIVE YEARS BY COMPLETING AN  ALLERGEN  AWARE-
 NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
   (B)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
 LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
   5. FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL  DEVELOP
 A  PROGRAM  FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY AWARE" AND
 SHALL MAINTAIN A LISTING OF RESTAURANTS RECEIVING  SUCH  DESIGNATION  ON
 ITS  WEBSITE.  PARTICIPATION  IN  THE PROGRAM SHALL BE VOLUNTARY AND THE
 DEPARTMENT SHALL, IN CONSULTATION WITH THE  NEW  YORK  STATE  RESTAURANT

 S. 5681--B                          3
 
 ASSOCIATION,  ISSUE  GUIDELINES  AND  REQUIREMENTS  FOR  RESTAURANTS  TO
 RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
 BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE
 TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
 TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
   (B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
 TION  WITH  THE  NEW  YORK  STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
 REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
 ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT  SHALL  INCLUDE,  BUT
 NOT  BE  LIMITED  TO,  COMPLIANCE  OF RESTAURANTS WITH THIS SECTION, AND
 PROPOSED CHANGES TO THIS SECTION CONSISTENT WITH THE PUBLIC  HEALTH  AND
 WELFARE.
   6.  EXEMPTIONS.  FOOD  SERVICE  ESTABLISHMENTS  HAVING  TWENTY OR MORE
 LOCATIONS AND THAT OTHERWISE REQUIRE  STAFF  TO  COMPLETE  A  NATIONALLY
 RECOGNIZED  FOOD  SAFETY  TRAINING  PROGRAM  WITH  AN ALLERGEN AWARENESS
 COMPONENT WHICH MEETS THE STANDARDS OF THE ALLERGEN  AWARENESS  TRAINING
 REQUIRED  BY  THIS SECTION SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law; provided that the commissioner of health is author-
 ized to promulgate any and all rules and regulations and take any  other
 measures  necessary  to  implement this act on its effective date, on or
 before such date.

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Senate Bill S5681B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2019-S5681 - Details

2019-S5681 - Summary

2019-S5681 - Sponsor Memo

2019-S5681 - Bill Text download pdf

2019-S5681A - Details

2019-S5681A - Summary

2019-S5681A - Sponsor Memo

2019-S5681A - Bill Text download pdf

2019-S5681B (ACTIVE) - Details

2019-S5681B (ACTIVE) - Summary

2019-S5681B (ACTIVE) - Sponsor Memo

2019-S5681B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5681B

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Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2019-S5681 - Details

2019-S5681 - Summary

2019-S5681 - Sponsor Memo

2019-S5681 - Bill Text download pdf

2019-S5681A - Details

2019-S5681A - Summary

2019-S5681A - Sponsor Memo

2019-S5681A - Bill Text download pdf

2019-S5681B (ACTIVE) - Details

2019-S5681B (ACTIVE) - Summary

2019-S5681B (ACTIVE) - Sponsor Memo

2019-S5681B (ACTIVE) - Bill Text download pdf

Comments