senate Bill S8102A

Signed By Governor
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 Via A2344 - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2022 approval memo.24
signed chap.623
delivered to governor
May 25, 2022 returned to assembly
passed senate
3rd reading cal.890
substituted for s8102a
May 25, 2022 substituted by a2344a
May 02, 2022 advanced to third reading
Apr 27, 2022 2nd report cal.
Apr 26, 2022 1st report cal.890
Mar 14, 2022 print number 8102a
Mar 14, 2022 amend and recommit to health
Jan 25, 2022 referred to health

Votes

view votes

Apr 26, 2022 - Health committee Vote

S8102A
10
3
committee
10
Aye
3
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Apr 26, 2022

aye wr (1)
excused (1)

S8102 - Details

See Assembly Version of this Bill:
A2344
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

S8102 - Summary

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

S8102 - Sponsor Memo

S8102 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8102
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  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.
   3. EVERY FOOD SERVICE ESTABLISHMENT SHALL POST THE  NOTICE  CONTAINING
 INFORMATION ON FOOD ALLERGIES ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
 THIS  SECTION  IN  A  CONSPICUOUS  LOCATION  ACCESSIBLE TO ALL EMPLOYEES
 INVOLVED IN THE PREPARATION OR SERVICE OF FOOD, IN AT LEAST ONE  OF  THE
 LANGUAGES SPOKEN BY EACH EMPLOYEE TO THE EXTENT SUCH LANGUAGES ARE AMONG
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S8102A (ACTIVE) - Details

See Assembly Version of this Bill:
A2344
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

S8102A (ACTIVE) - Summary

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

S8102A (ACTIVE) - Sponsor Memo

S8102A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8102--A
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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 PICTORIAL 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 PICTORIAL 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.
   3.  EVERY  FOOD SERVICE ESTABLISHMENT SHALL POST THE NOTICE CONTAINING
 INFORMATION ON FOOD ALLERGIES ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION IN A  CONSPICUOUS  LOCATION  ACCESSIBLE  TO  ALL  EMPLOYEES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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