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Senate Bill S6820B

2023-2024 Legislative Session

Requires allergen labeling for prepackaged foods

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2023-S6820 - Details

See Assembly Version of this Bill:
A7494
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:
S5381, A6558

2023-S6820 - Summary

Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying all ingredients and labeling for major food allergens in such form and manner as required pursuant to the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.

2023-S6820 - Sponsor Memo

2023-S6820 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6820
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 requiring allergen
   labeling for prepackaged foods
 
   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
 1357 to read as follows:
   § 1357. ALLERGEN LABELING FOR PREPACKAGED FOODS.  1. AS USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PREPACKAGED  FOOD"  MEANS  FOOD  THAT IS PREPARED, PREPACKED AND
 OFFERED OR SOLD TO CUSTOMERS ON THE SAME  PREMISES.    PREPACKAGED  FOOD
 DOES  NOT  INCLUDE  FOOD THAT IS NOT IN PACKAGING OR IS PACKAGED AFTER A
 CUSTOMER HAS ORDERED.
   (B) "FOOD ESTABLISHMENT" MEANS ALL GROCERY  STORES,  DELIS,  BAKERIES,
 SANDWICH  SHOPS, ICE CREAM PARLORS, CAFETERIAS AND FOOD TRUCKS OPERATING
 WITHIN THE STATE.
   (C) "MAJOR FOOD ALLERGEN" SHALL HAVE THE SAME MEANING AS SUCH TERM  IS
 DEFINED IN 21 U.S.C. 321.
   2.  EVERY  FOOD  ESTABLISHMENT SHALL LABEL ALL PREPACKAGED FOOD WITH A
 WRITTEN NOTIFICATION ON THE PACKAGE OR ON A LABEL ATTACHED TO THE  PACK-
 AGE IDENTIFYING ALL INGREDIENTS AND LABELING FOR MAJOR FOOD ALLERGENS IN
 SUCH  FORM  AND MANNER AS REQUIRED PURSUANT TO THE FEDERAL FOOD ALLERGEN
 LABELING AND CONSUMER PROTECTION ACT OF 2004, AS AMENDED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11261-01-3

2023-S6820A - Details

See Assembly Version of this Bill:
A7494
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:
S5381, A6558

2023-S6820A - Summary

Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying all ingredients and labeling for major food allergens in such form and manner as required pursuant to the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.

2023-S6820A - Sponsor Memo

2023-S6820A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6820--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend the public health law and the agriculture and markets
   law, in relation to requiring allergen labeling for prepackaged foods
 
   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
 1357 to read as follows:
   § 1357. ALLERGEN LABELING FOR PREPACKAGED FOODS.  1. AS USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PREPACKAGED  FOOD"  MEANS  FOOD  THAT IS PREPARED, PREPACKED AND
 OFFERED OR SOLD TO CUSTOMERS ON THE SAME  PREMISES.    PREPACKAGED  FOOD
 DOES  NOT  INCLUDE  FOOD THAT IS NOT IN PACKAGING OR IS PACKAGED AFTER A
 CUSTOMER HAS ORDERED.
   (B) "FOOD ESTABLISHMENT" MEANS ANY PLACE FOOD IS PREPARED AND INTENDED
 FOR OFF-PREMISES CONSUMPTION, INCLUDING ALL  DELIS,  BAKERIES,  SANDWICH
 SHOPS,  ICE  CREAM  PARLORS, CAFETERIAS AND FOOD TRUCKS OPERATING WITHIN
 THE STATE.
   (C) "MAJOR FOOD ALLERGEN" SHALL HAVE THE SAME MEANING AS SUCH TERM  IS
 DEFINED IN 21 U.S.C. 321.
   2.  EVERY  FOOD  ESTABLISHMENT SHALL LABEL ALL PREPACKAGED FOOD WITH A
 WRITTEN NOTIFICATION ON THE PACKAGE OR ON A LABEL ATTACHED TO THE  PACK-
 AGE IDENTIFYING ALL INGREDIENTS AND LABELING FOR MAJOR FOOD ALLERGENS IN
 SUCH  FORM  AND MANNER AS REQUIRED PURSUANT TO THE FEDERAL FOOD ALLERGEN
 LABELING AND CONSUMER PROTECTION ACT OF 2004, AS AMENDED.
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 199-g to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11261-03-4
 S. 6820--A                          2

co-Sponsors

2023-S6820B (ACTIVE) - Details

See Assembly Version of this Bill:
A7494
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:
S5381, A6558

2023-S6820B (ACTIVE) - Summary

Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying all ingredients and labeling for major food allergens in such form and manner as required pursuant to the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.

2023-S6820B (ACTIVE) - Sponsor Memo

2023-S6820B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6820--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law and the  agriculture  and  markets
   law, in relation to requiring allergen labeling for prepackaged foods
 
   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
 1357 to read as follows:
   §  1357.  ALLERGEN LABELING FOR PREPACKAGED FOODS.  1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PREPACKAGED FOOD" MEANS FOOD  THAT  IS  PREPARED,  PREPACKED  AND
 OFFERED  OR  SOLD  TO  CUSTOMERS ON THE SAME PREMISES.  PREPACKAGED FOOD
 DOES NOT INCLUDE FOOD THAT IS NOT IN PACKAGING OR IS  PACKAGED  AFTER  A
 CUSTOMER HAS ORDERED.
   (B) "FOOD ESTABLISHMENT" MEANS ANY PLACE FOOD IS PREPARED AND INTENDED
 FOR  OFF-PREMISES  CONSUMPTION,  INCLUDING ALL DELIS, BAKERIES, SANDWICH
 SHOPS, ICE CREAM PARLORS, CAFETERIAS AND FOOD  TRUCKS  OPERATING  WITHIN
 THE STATE.
   (C) (I) "MAJOR FOOD ALLERGEN" MEANS:
   (A) MILK, EGGS, FISH, CRUSTACEAN SHELLFISH, TREE NUTS, WHEAT, PEANUTS,
 SESAME, AND SOYBEANS; AND
   (B)  A FOOD INGREDIENT THAT CONTAINS PROTEIN DERIVED FROM A FOOD NAMED
 IN CLAUSE (A) OF THIS SUBPARAGRAPH.
   (II) "MAJOR FOOD ALLERGEN" DOES NOT INCLUDE:
   (A) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD SPECIFIED IN CLAUSE (A)
 OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  ANY  INGREDIENT  DERIVED  FROM
 SUCH HIGHLY REFINED OIL; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11261-09-4

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