Requires food products using ingredients classified as major food allergens to be labelled or branded as such; requires food sellers to provide written notice to stores for food labels containing new ingredients classified as major food allergens; requires such foods are labeled or branded as such by a food seller until such food has appropriately labeled packaging.
S T A T E O F N E W Y O R K
________________________________________________________________________
9951
I N A S S E M B L Y
April 26, 2024
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing food products containing major food allergens to be labelled or
branded to indicate the presence of such major food allergen
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 201-j to read as follows:
§ 201-J. FOOD PRODUCTS; MAJOR ALLERGENS LABELLING OR BRANDING. 1. FOR
THE PURPOSES OF THIS SECTION, THE TERM "MAJOR FOOD ALLERGEN" SHALL MEAN
PEANUTS, TREE NUTS, MILK, EGGS, FISH, SHELLFISH, WHEAT, SOY, OR ANY
OTHER FOOD DETERMINED BY THE COMMISSIONER TO POSE A RISK TO THE HEALTH
AND SAFETY OF PEOPLE WHO UNKNOWINGLY CONSUME SUCH FOOD AND HAVE AN
ALLERGIC REACTION TO SUCH FOOD.
2. NO FOOD PRODUCT WHICH CONTAINS A MAJOR FOOD ALLERGEN SHALL BE SOLD
OR OFFERED FOR SALE WITHIN THE STATE WITHOUT BEING LABELLED OR BRANDED
IN SUCH A WAY TO INDICATE SUCH FOOD PRODUCT CONTAINS SUCH MAJOR ALLERGEN
IN A MANNER ESTABLISHED BY REGULATIONS PROMULGATED BY THE COMMISSIONER.
3. WHERE A FOOD PRODUCT IS NOT LABELLED OR BRANDED AS REQUIRED UNDER
THIS SECTION, THE ORIGINATOR OF SUCH FOOD PRODUCT SHALL ALERT ANY STORE
IN WHICH THE FOOD PRODUCT IS SOLD OF THE PRESENCE OF A MAJOR FOOD ALLER-
GEN IN SUCH FOOD PRODUCT. SUCH ALERT SHALL BE IN WRITING.
4. UPON BEING ALERTED TO A MAJOR FOOD ALLERGEN IN A FOOD PRODUCT BEING
SOLD IN A STORE WITHOUT PROPER LABELLING OR BRANDING, SUCH STORE SHALL,
WITHIN TWENTY-FOUR HOURS, EITHER: (A) NO LONGER OFFER SUCH FOOD PRODUCT
FOR SALE; OR (B) REPACKAGE THE FOOD PRODUCT SUCH THAT THE LABELLING OR
BRANDING ARE CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15260-01-4
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