Senate Bill S5385

2021-2022 Legislative Session

Relates to requiring the commissioner of health to establish means of educating proprietors and employees of public eating establishments about food allergens

download bill text pdf

Sponsored By

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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2021-S5385 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §1352-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5925
2011-2012: S1178
2013-2014: S3199
2015-2016: S1068
2017-2018: S2858
2019-2020: S4962
2023-2024: S6828

2021-S5385 (ACTIVE) - Summary

Requires the commissioner of health to establish means of educating proprietors and employees of public eating establishments about food allergens.

2021-S5385 (ACTIVE) - Sponsor Memo

2021-S5385 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5385
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, ADDABBO, BAILEY -- 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  food  allergen
   information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The section heading of section 1352-b of the public  health
 law,  as added by chapter 613 of the laws of 1980, is amended to read as
 follows:
   Public eating establishments; first aid instructions  concerning  food
 lodged in throat; FOOD ALLERGEN INFORMATION; liability.
   §  2.  Subdivisions  3, 4 and 5 of section 1352-b of the public health
 law are renumbered subdivisions 4, 5 and 6 and a new  subdivision  3  is
 added to read as follows:
   3.  FOOD  ALLERGEN INFORMATION FOR PROPRIETORS AND EMPLOYEES OF PUBLIC
 EATING ESTABLISHMENTS. A.  THE  COMMISSIONER  SHALL  ADOPT  AND  APPROVE
 INFORMATION TO EDUCATE PROPRIETORS AND EMPLOYEES OF PUBLIC EATING ESTAB-
 LISHMENTS  ABOUT  THE  DANGERS OF SEVERE FOOD ALLERGENS TO FOOD ALLERGIC
 INDIVIDUALS. SUCH INFORMATION SHALL INCLUDE BUT NOT BE LIMITED  TO:  THE
 NEED  TO  INFORM  CUSTOMERS OF THE PRESENCE OF SUCH ALLERGENS IN FOOD OR
 MEALS ON THE MENU OR THROUGH VERBAL  DESCRIPTIONS;  THE  POSSIBILITY  OF
 CROSS-CONTAMINATION  OF  A FOOD WITH AN ALLERGEN DURING FOOD PREPARATION
 AND THE NEED TO INFORM CUSTOMERS OF THAT POSSIBILITY; AND, THE  SYMPTOMS
 OF  SEVERE ALLERGIC REACTIONS TO FOOD AND THE NEED FOR RAPID RESPONSE TO
 SUCH EMERGENCIES.
   B. THE COMMISSIONER SHALL, AS  SOON  AS  PRACTICABLE,  SUPPLY  TO  THE
 PROPRIETOR  OF  EVERY  PUBLIC  EATING  ESTABLISHMENT  IN THIS STATE SUCH
 ADOPTED AND APPROVED INFORMATION AND DEVELOP  REGULATIONS  FOR  DISTRIB-
 UTION OR POSTING OF SUCH INFORMATION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately the addition, amend-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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