The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2344--A
                                                         Cal. No. 385
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, STECK, STERN, LAVINE, MAGNARELLI,
   REYES, GRIFFIN, BRABENEC, JACKSON,  ABINANTI,  CARROLL,  SEAWRIGHT  --
   Multi-Sponsored  by  --  M. of A. EPSTEIN -- read once and referred to
   the Committee on Consumer Affairs and Protection -- recommitted to the
   Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
   reported  from  committee,  advanced  to  a third reading, amended and
   ordered reprinted, retaining its place on the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00536-05-2
 A. 2344--A                          2
 
   (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
 THOSE IN WHICH THE DEPARTMENT MAKES THE  NOTICE  AVAILABLE  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION.
   4.  THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE,
 IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE STATE  ACCORD-
 ING TO THE LATEST AVAILABLE DATA FROM THE UNITED STATES CENSUS BUREAU, A
 TRANSLATION OF THE FOLLOWING: "IF YOU HAVE A FOOD ALLERGY, PLEASE NOTIFY
 US."
   5.  EVERY  FOOD SERVICE ESTABLISHMENT OPERATING IN NEW YORK STATE THAT
 MAKES AVAILABLE A MENU SHALL INCLUDE IN A  CONSPICUOUS  MANNER  ON  EACH
 MENU  OR  THE  ASSEMBLY  UPON  WHICH THE MENU OR MENUS ARE INCLUDED, THE
 FOLLOWING:  "IF YOU HAVE A FOOD ALLERGY, PLEASE NOTIFY  US."    IF  SUCH
 MENU IS AVAILABLE IN A LANGUAGE OTHER THAN ENGLISH FOR WHICH THE DEPART-
 MENT  MAKES A TRANSLATION AVAILABLE PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION, SUCH FOOD SERVICE ESTABLISHMENT SHALL ALSO INCLUDE SUCH  TRANS-
 LATION  IN  A  CONSPICUOUS MANNER. EVERY FOOD SERVICE ESTABLISHMENT THAT
 MAKES AVAILABLE A MENU ON THE INTERNET SHALL ALSO INCLUDE ON SUCH MENU A
 FOOD ALLERGY NOTIFICATION TO CUSTOMERS AND PROVIDE A METHOD BY  WHICH  A
 CUSTOMER MAY INDICATE ANY FOOD ALLERGY SUCH CUSTOMER HAS.
   6. ANY FOOD SERVICE ESTABLISHMENT THAT VIOLATES THE PROVISIONS OF THIS
 SECTION  OR  ANY OF THE RULES OR REGULATIONS PROMULGATED HEREUNDER SHALL
 BE LIABLE FOR A CIVIL PENALTY NOT  TO  EXCEED  ONE  HUNDRED  TWENTY-FIVE
 DOLLARS FOR EACH VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.