Senate Bill S2941

                                 
BILL NUMBER: S2941

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring food
service establishments to make deliveries of food in tamper evident
packaging

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose for this bill is to address a food safety concern regarding
food delivery tampering by providing visible evidence to consumers about
the condition of their food. When consumers see a food delivery with
broken or damaged tamper evident packaging, they are alerted the food
may have been altered in some way. This bill prevents unauthorized
unwrapping, as it is impossible to access the container without disturb-
ing the packaging.

 
SUMMARY OF PROVISIONS:

This bill would require any food service establishments offering food
              

deliveries, to package and deliver such food in tamper evident packag-
ing. The term "tamper evident packaging" means packaging having one or
more indicators or barriers to entry, which if breached or missing, can
reasonably be expected to provide visible evidence to consumers that
tampering has occurred. Such packaging shall also include a label with
the words, "Sealed for your protection. Do not consume if broken or
missing". This form of packaging prevents unauthorized food tampering,
as it is impossible to access the container without disturbing the
barrier.

The provision applies to all food deliveries made by the food service
establishment, including, but not limited to food deliveries made by a
food delivery service. Any food establishment in violation of this
subdivision shall be subject. to a civil fine in the amount of two
hundred fifty dollars for each violation.

 
JUSTIFICATION:

There is currently no standardized way to address delivery food tamper-
ing as a food safety concern. Food delivery is no longer a luxury, but
to many individuals a necessity on busy days or a lifesaver for people
living with chronic illness and disability. As food delivery trends
increase in New York State, evidence regarding the tampering of food
during delivery have also been on the rise.

A study conducted by US Foods found that one in four food delivery driv-
ers admitted to stealing a bite of food from their customer's order. The
same study found that 85 percent of customers would like to see tamper-
proof seals on the food to the prevent drivers from digging in.

The incorporation of "tamper evident packaging" addresses this issue by
requiring any food service establishments offering food deliveries, to
package and deliver such food with one or more indicators or barriers to
entry, which if breached or missing, can reasonably be expected to
provide visible evidence to consumers that tampering has occurred. Such
packaging shall also include a label with the words, "Sealed for your
protection. Do not consume if broken or missing". The bill discourages
unauthorized unwrapping, and informs the customer if the food delivery
was tampered with between 'the moment it was packaged to the moment it
was delivered to their door.

This is an efficient and cost effective method to prevent unauthorized
food tampering by imposing a duty of care on food service establishments
and food delivery services.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it has
become law.