Senate Bill S8112

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8112
 
                             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 allergy  awareness
   and training in restaurants
 
   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
 1352-f to read as follows:
   §  1352-F.  ALLERGY  AWARENESS  AND TRAINING IN RESTAURANTS. 1.  DEFI-
 NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
 AS BASS, FLOUNDER, OR COD);  CRUSTACEANS  (SUCH  AS  CRAB,  LOBSTER,  OR
 SHRIMP);  TREE  NUTS  (SUCH  AS ALMONDS, CASHEWS, PECANS, PISTACHIOS, OR
 WALNUTS), WHEAT, PEANUTS, SESAME, AND SOYBEANS; AND (II) A FOOD INGREDI-
 ENT THAT CONTAINS PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH  (I)
 OF  THIS  PARAGRAPH.   THIS DOES NOT INCLUDE: (1) ANY HIGHLY REFINED OIL
 DERIVED FROM A FOOD SPECIFIED IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH  OR
 ANY INGREDIENT DERIVED FROM SUCH HIGHLY REFINED OIL; OR (2) ANY INGREDI-
 ENT  THAT IS EXEMPT UNDER THE PETITION OR NOTIFICATION PROCESS SPECIFIED
 IN THE FEDERAL FOOD ALLERGEN LABELING AND  CONSUMER  PROTECTION  ACT  OF
 2004.
   (B) "MENU" SHALL MEAN A PRINTED OR PICTORIAL DISPLAY OF A FOOD ITEM OR
 ITEMS  AND THEIR PRICE OR PRICES THAT ARE AVAILABLE FOR SALE FROM A FOOD
 ESTABLISHMENT. THIS INCLUDES MENUS DISTRIBUTED OR PROVIDED  OUTSIDE  THE
 ESTABLISHMENT  AND  PROMOTIONAL ITEMS THAT INCLUDE MENU INFORMATION FROM
 WHICH A CUSTOMER CAN PLACE AN ORDER.
   (C) "MENU BOARD" SHALL MEAN ANY LIST OR PICTORIAL DISPLAY  OF  A  FOOD
 ITEM  OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A FOOD
 ESTABLISHMENT.
   (D) "APPROVED TRAINING PROVIDER" SHALL MEAN A TRAINING  PROVIDER  THAT
 HAS  BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT OF
 ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.
   (E) "FOOD SAFETY MANAGER" SHALL MEAN A MANAGERIAL EMPLOYEE  DESIGNATED
 BY  HIS  OR  HER EMPLOYER TO COMPLETE ALLERGEN AWARENESS TRAINING AND TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04969-01-1
              

 S. 8112                             2
 
 OBTAIN A CERTIFICATE OF ALLERGEN  AWARENESS  TRAINING  PURSUANT  TO  THE
 REQUIREMENTS OF THIS SECTION.
   2.  GENERAL REQUIREMENTS. (A) ALL FOOD SAFETY MANAGERS HIRED BY A FOOD
 SERVICE ESTABLISHMENT THAT COOKS, PREPARES, OR SERVES FOOD INTENDED  FOR
 IMMEDIATE  CONSUMPTION  EITHER  ON  OR  OFF  THE PREMISES SHALL COMPLETE
 ALLERGEN AWARENESS TRAINING AND PASS  AN  ASSESSMENT  FROM  AN  APPROVED
 TRAINING PROVIDER TO OBTAIN A CERTIFICATE OF ALLERGEN AWARENESS TRAINING
 PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER HIRE DATE.
   (B)  SUCH  FOOD  ESTABLISHMENTS SHALL INCLUDE ON ALL PRINTED MENUS AND
 MENU BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER  NOTIFY
 THE  SERVER,  BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY TO A
 MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
 PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
   (C) THE NOTICE MUST BE INCLUDED ON PRINTED MENUS  AND  ON  INDOOR  AND
 OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
   (D)  ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE POINT
 OF SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE  FONT
 SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
 SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
   (E)  IN  LIEU  OF PLACING THE NOTICE DIRECTLY ON THE INDOOR OR OUTDOOR
 MENU BOARD ITSELF, THE FOOD ESTABLISHMENT MAY POST THE  NOTICE  ADJACENT
 TO  THE  MENU  OR  AT  EACH POINT OF SERVICE WHERE FOOD IS ORDERED. SUCH
 NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
 AND READ FROM A DISTANCE OF  FIVE  FEET  BY  A  PERSON  STANDING  AT  OR
 APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
 SHALL NOT BE OBSTRUCTED FROM VIEW.
   3.  FOOD  ALLERGEN AWARENESS TRAINING. (A) FOOD SERVICE ESTABLISHMENTS
 SHALL HAVE ON STAFF MANAGERS WHO  HAVE  BEEN  ISSUED  A  CERTIFICATE  OF
 ALLERGEN  AWARENESS  TRAINING BY AN APPROVED TRAINING PROVIDER AS QUALI-
 FIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID FOR FIVE YEARS.
   (B) AN APPROVED TRAINING PROVIDER SHALL:
   (I) DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE  FOOD
 ALLERGEN  AWARENESS  TRAINING CERTIFICATE ISSUED BY AN APPROVED TRAINING
 PROVIDER;
   (II) ENSURE THAT DESIGNATED FOOD SAFETY MANAGERS ARE PROPERLY  TRAINED
 IN FOOD ALLERGY AWARENESS AS IT IS RELATED TO THEIR ASSIGNED DUTIES; AND
   (III)  ENSURE THAT AT LEAST ONE FOOD SAFETY MANAGER WITH A CERTIFICATE
 OF ALLERGEN AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
   4. CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS  TRAIN-
 ING  SHALL  BE RENEWED EVERY FIVE YEARS BY COMPLETING AN ALLERGEN AWARE-
 NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
   (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO  ESTAB-
 LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
   5.  FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL DEVELOP
 A PROGRAM FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY  AWARE"  AND
 SHALL  MAINTAIN  A  LISTING OF RESTAURANTS RECEIVING SUCH DESIGNATION ON
 ITS WEBSITE. PARTICIPATION IN THE PROGRAM SHALL  BE  VOLUNTARY  AND  THE
 DEPARTMENT  SHALL,  IN  CONSULTATION  WITH THE NEW YORK STATE RESTAURANT
 ASSOCIATION,  ISSUE  GUIDELINES  AND  REQUIREMENTS  FOR  RESTAURANTS  TO
 RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
 BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE
 TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
 TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
   (B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
 TION  WITH  THE  NEW  YORK  STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
 S. 8112                             3
 
 REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
 ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT  SHALL  INCLUDE,  BUT
 NOT  BE  LIMITED  TO,  COMPLIANCE  OF RESTAURANTS WITH THIS SECTION, AND
 PROPOSED  CHANGES  TO THIS SECTION CONSISTENT WITH THE PUBLIC HEALTH AND
 WELFARE.
   6. EXEMPTIONS. FOOD  SERVICE  ESTABLISHMENTS  HAVING  TWENTY  OR  MORE
 LOCATIONS  AND  THAT  OTHERWISE  REQUIRE  STAFF TO COMPLETE A NATIONALLY
 RECOGNIZED FOOD SAFETY  TRAINING  PROGRAM  WITH  AN  ALLERGEN  AWARENESS
 COMPONENT  WHICH  MEETS THE STANDARDS OF THE ALLERGEN AWARENESS TRAINING
 REQUIRED BY THIS SECTION SHALL BE EXEMPTED FROM THE PROVISIONS  OF  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided that the commissioner of health  is  author-
 ized  to promulgate any and all rules and regulations and take any other
 measures necessary to implement this act on its effective  date,  on  or
 before such date.