senate Bill S1123A

2021-2022 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 16, 2021 print number 1123a
Apr 16, 2021 amend and recommit to health
Jan 07, 2021 referred to health

Co-Sponsors

S1123 - Details

See Assembly Version of this Bill:
A2344
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A537
2019-2020: S5726, A1307

S1123 - Summary

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

S1123 - Sponsor Memo

S1123 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1123
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 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.

Co-Sponsors

S1123A (ACTIVE) - Details

See Assembly Version of this Bill:
A2344
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1356, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A537
2019-2020: S5726, A1307

S1123A (ACTIVE) - Summary

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

S1123A (ACTIVE) - Sponsor Memo

S1123A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1123--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced by Sens. BENJAMIN, SEPULVEDA -- read twice and ordered print-
   ed,  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 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) ANY 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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