S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8410
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend the public health law and the agriculture and markets
   law, in relation to food intolerances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 1356 of the public health law, as amended by chap-
 ter 75 of the laws of 2023, is amended to read as follows:
   § 1356. Food allergies AND INTOLERANCES notice in food service  estab-
 lishments  and  online  food  ordering services. 1. Definitions. For the
 purposes of this section:
   (a) "Food service establishment" shall mean a restaurant  or  catering
 hall 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 online 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 twelve most common non-English languages spoken by
 limited-English  proficient  individuals in the state, based on the data
 in the most recent American Community Survey  published  by  the  United
 States  Census Bureau, a notice containing information for staff of food
 service establishments regarding food allergies AND  INTOLERANCES.  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  OR
 INTOLERANCE;
   (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.
                                                            LBD13601-01-3
 A. 8410                             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 AND INTOLERANCES 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 twelve most common non-English languages spoken by  limited-Engl-
 ish  proficient  individuals in the state, based on the data in the most
 recent American Community Survey published by the United  States  Census
 Bureau,  (a) a translation of the following: "If you have a food allergy
 OR INTOLERANCE, please notify us."; and (b) a food allergy  OR  INTOLER-
 ANCE  message that food service establishments may use to inform custom-
 ers about allergy AND INTOLERANCE information for prepared food items.
   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,  either,
 (a)  the  following  notice: "If you have a food allergy OR INTOLERANCE,
 please notify us."; or (b) a food allergy OR  INTOLERANCE  message  that
 informs  the  customer  about the allergy OR INTOLERANCE information for
 each prepared food item or items on such menu.  If such menu  is  avail-
 able  in  a language other than English for which the department makes a
 translation available pursuant to subdivision four of this section, such
 food service establishment shall also  include  such  translation  in  a
 conspicuous  manner.  Every food service establishment that makes avail-
 able a menu online for a customer to place food orders for  delivery  or
 take out, including under a third-party food delivery agreement pursuant
 to section three hundred ninety-one-v of the general business law, shall
 also  include on such menu a food allergy OR INTOLERANCE notification to
 customers and either, (1) provide a method by which a customer may indi-
 cate any food allergy OR INTOLERANCE such customer has; or (2) provide a
 food allergy message that informs the customer  about  the  allergy  AND
 INTOLERANCE  information  for  each  prepared food item or items on such
 menu.
   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. Section 199-f of the agriculture and markets  law,  as  added  by
 chapter 75 of the laws of 2023, is amended to read as follows:
   § 199-f. Food allergies AND INTOLERANCES notice in food service estab-
 lishments. 1.  Definitions. For the purposes of this section:
   (a)  "Menu"  shall mean a list or pictorial display of a prepared food
 item or items available for sale for the purpose of permitting a custom-
 er to order such food item or items, including such  list  or  pictorial
 display  posted  online for a customer to place food orders for delivery
 or take out.
   (b) "Food service establishment" shall mean any place  where  food  is
 prepared  and  intended for individual portion service, and includes the
 site at which individual  portions  are  provided,  whether  consumption
 occurs  on  or off the premises, or whether or not there is a charge for
 A. 8410                             3
 
 the food, including retail food  stores,  as  defined  in  section  five
 hundred of this chapter.
   2.  The commissioner shall make available on the department's website,
 in English and in the twelve most common non-English languages spoken by
 limited-English proficient individuals in the state, based on  the  data
 in  the  most  recent  American Community Survey published by the United
 States Census Bureau, a notice containing information for staff of  food
 service  establishments  regarding food allergies AND INTOLERANCES. 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 OR
 INTOLERANCE;
   (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 AND INTOLERANCES 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 twelve most common non-English languages spoken by limited-Engl-
 ish proficient individuals in the state, based on the data in  the  most
 recent  American  Community Survey published by the United States Census
 Bureau, (a) a translation of the following: "If you have a food  allergy
 OR  INTOLERANCE,  please notify us."; and (b) a food allergy OR INTOLER-
 ANCE message that food service establishments may use to inform  custom-
 ers about allergy OR INTOLERANCE information for prepared food items.
   5.  Every food service establishment 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, either, (a) the following notice: "If
 you have a food allergy OR INTOLERANCE, please notify  us.";  or  (b)  a
 food  allergy OR INTOLERANCE message that informs the customer about the
 allergy OR INTOLERANCE information for each prepared food item or  items
 on such menu. If such menu is available in a language other than English
 for  which  the  department  makes  a  translation available pursuant to
 subdivision four of this section, such food service establishment  shall
 also  include  such  translation  in  a  conspicuous  manner. Every food
 service establishment that makes available a menu online for a  customer
 to  place orders for delivery or take out, including under a third-party
 food delivery agreement pursuant to section three  hundred  ninety-one-v
 of  the  general  business  law,  shall also include on such menu a food
 allergy notification to customers and either, (1) provide  a  method  by
 which  a  customer  may  indicate  any  food allergy OR INTOLERANCE such
 customer has; or (2) provide a food allergy OR INTOLERANCE message  that
 informs  the  customer about the allergy AND INTOLERANCE information for
 each prepared food item or items on such menu.
   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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.