S T A T E O F N E W Y O R K
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4685
2023-2024 Regular Sessions
I N S E N A T E
February 13, 2023
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Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the state finance law, the public health law and the
education law, in relation to requiring gluten cross-contamination
safeguards in food establishments owned, operated or leased by any
department or agency of the state or the state university of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
146-a to read as follows:
§ 146-A. CONTRACTS FOR FOOD SERVICE ESTABLISHMENTS. NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW, ALL NEW CONTRACTS, RENEWAL CONTRACTS OR
CHANGE ORDERS FOR AN EXISTING CONTRACT MADE AND AWARDED BY ANY DEPART-
MENT OR AGENCY OF THE STATE OR THE STATE UNIVERSITY OF NEW YORK, FOR THE
OPERATION OF A FOOD SERVICE ESTABLISHMENT, SHALL CONTAIN A PROVISION
REQUIRING THE CONTRACTOR OR VENDOR OPERATING SUCH ESTABLISHMENT IN A
STATE-OWNED, OPERATED OR LEASED BUILDING TO TAKE REASONABLE PRECAUTIONS
TO AVERT THE CROSS-CONTAMINATION OF GLUTEN-FREE FOODS PREPARED BY SUCH
ESTABLISHMENT BY FOOD CONTAINING GLUTEN.
§ 2. Section 206 of the public health law is amended by adding a new
subdivision 32 to read as follows:
32. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE RULES AND REGULATIONS SPECIFYING REASONABLE METH-
ODS TO AVERT THE CROSS-CONTAMINATION OF GLUTEN-FREE FOODS BY FOODS
CONTAINING GLUTEN DURING THE PREPARATION OF SUCH FOOD IN CAFETERIAS AND
RESTAURANTS OR ANY OTHER FOOD ESTABLISHMENT OPERATED BY A VENDOR OR
CONTRACTOR ON PROPERTIES OWNED, OPERATED OR LEASED BY ANY DEPARTMENT OR
AGENCY OF THE STATE OR THE STATE UNIVERSITY OF NEW YORK.
§ 3. The education law is amended by adding a new section 101-c to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06000-01-3
S. 4685 2
§ 101-C. RULES AND REGULATIONS; GLUTEN CROSS-CONTAMINATION PREVENTION.
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL
PROMULGATE RULES AND REGULATIONS SPECIFYING REASONABLE METHODS TO AVERT
THE CROSS-CONTAMINATION OF GLUTEN-FREE FOODS BY FOODS CONTAINING GLUTEN
DURING THE PREPARATION OF SUCH FOOD IN CAFETERIAS AND RESTAURANTS OR ANY
OTHER FOOD ESTABLISHMENT OPERATED BY A VENDOR OR CONTRACTOR ON PROPER-
TIES OWNED, OPERATED OR LEASED BY THE STATE UNIVERSITY OF NEW YORK.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment, or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.