senate Bill S5726

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to health
returned to senate
died in assembly
Jun 12, 2019 ordered to third reading rules cal.94
substituted for a1307a
Jun 04, 2019 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1164
committee discharged and committed to rules
May 13, 2019 referred to health

Co-Sponsors

S5726 (ACTIVE) - Details

See Assembly Version of this Bill:
A1307
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1356, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A537

S5726 (ACTIVE) - Summary

Requires food allergy awareness in food establishments and online food ordering services; penalty not to exceed $125.

S5726 (ACTIVE) - Sponsor Memo

S5726 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5726

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 13, 2019
                               ___________

Introduced by Sens. BENJAMIN, SEPULVEDA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

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
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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