S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    819
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law and the  agriculture  and  markets
   law,  in relation to food allergy awareness in food service establish-
   ments 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. Section 1356 of the public health law, as added by a chap-
 ter of the laws of 2022 amending the public health law relating to  food
 allergy  awareness in food service establishments and online food order-
 ing services, as proposed in legislative bills numbers S. 8102-A and  A.
 2344-A, is amended to read as follows:
   §  1356.  Food  allergies  notice  in  food service establishments and
 online food ordering services. 1.  Definitions. FOR THE PURPOSES OF THIS
 SECTION:
   (a) "Food service establishment" shall mean a restaurant[,] OR  cater-
 ing 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] 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 [top six languages other than English spoken in
 the state according to the  latest  available  data  from]  TWELVE  MOST
 COMMON  NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDI-
 VIDUALS 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  regard-
 ing food allergies. Such notice shall include:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03991-01-3
              

 S. 819                              2
 
   (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
   (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] 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) a translation of the following:
 "If you have a food allergy, please notify us."; AND (B) A FOOD  ALLERGY
 MESSAGE  THAT  FOOD  SERVICE  ESTABLISHMENTS MAY USE TO INFORM CUSTOMERS
 ABOUT ALLERGY 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, please notify
 us."; OR (B) A FOOD ALLERGY MESSAGE THAT INFORMS THE CUSTOMER ABOUT  THE
 ALLERGY  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 [on the internet] ONLINE FOR A  CUSTOMER  TO
 PLACE FOOD ORDERS FOR DELIVERY OR TAKE OUT, INCLUDING UNDER A THIRD-PAR-
 TY   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  such  customer
 has;  OR  (2)  PROVIDE  A FOOD ALLERGY MESSAGE THAT INFORMS THE CUSTOMER
 ABOUT THE ALLERGY 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.    The  agriculture  and  markets law is amended by adding a new
 section 199-f to read as follows:
   § 199-F. FOOD ALLERGIES NOTICE IN FOOD  SERVICE   ESTABLISHMENTS.   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
 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.
   (B)  "FOOD  SERVICE  ESTABLISHMENT" SHALL MEAN ANY PLACE WHERE FOOD IS
 PREPARED AND INTENDED FOR INDIVIDUAL PORTION SERVICE, AND  INCLUDES  THE
 S. 819                              3
 
 SITE  AT  WHICH  INDIVIDUAL  PORTIONS  ARE PROVIDED, WHETHER CONSUMPTION
 OCCURS ON OR OFF THE PREMISES, OR WHETHER OR NOT THERE  IS A CHARGE  FOR
 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.  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
   (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 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,
 PLEASE  NOTIFY    US."; AND (B) A FOOD ALLERGY MESSAGE THAT FOOD SERVICE
 ESTABLISHMENTS MAY USE TO INFORM CUSTOMERS ABOUT ALLERGY 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, PLEASE NOTIFY   US."; OR  (B)  A  FOOD  ALLERGY
 MESSAGE THAT INFORMS THE CUSTOMER ABOUT THE ALLERGY 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 TRANS-
 LATION 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 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 SUCH CUSTOMER HAS;  OR (2) PROVIDE A FOOD ALLERGY  MESSAGE  THAT
 INFORMS  THE  CUSTOMER  ABOUT  THE ALLERGY 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 same date and in the same
 manner as a chapter of the laws of 2022 amending the public  health  law
 S. 819                              4
 
 relating  to  food  allergy awareness in food service establishments and
 online food ordering services, as proposed in legislative bills  numbers
 S. 8102-A and A. 2344-A, takes effect.