Assembly Bill A11072

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11072
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to requiring allergen
   labeling for food service establishment menu items
 
   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
 1358 to read as follows:
   §  1358.  ALLERGEN LABELING FOR MENU ITEMS. 1. DEFINITIONS. AS USED IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "FOOD SERVICE ESTABLISHMENT" MEANS ANY BUILDING, VEHICLE, PLACE OR
 STRUCTURE, OR ANY ROOM OR DIVISION IN  A  BUILDING,  VEHICLE,  PLACE  OR
 STRUCTURE  WHERE FOOD IS PREPARED, SERVED OR SOLD FOR IMMEDIATE CONSUMP-
 TION ON OR IN THE VICINITY OF THE PREMISES, CALLED FOR OR TAKEN  OUT  BY
 CUSTOMERS,  OR PREPARED PRIOR TO BEING DELIVERED TO ANOTHER LOCATION FOR
 CONSUMPTION.
   (B) "MENU" MEANS A LIST OR PICTORIAL DISPLAY OF A PREPARED  FOOD  ITEM
 OR  ITEMS  AVAILABLE  FOR SALE FROM A FOOD SERVICE 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.
   (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
   (B)  ANY  INGREDIENT THAT IS EXEMPT UNDER THE PETITION OR NOTIFICATION
 PROCESS SPECIFIED IN THE FOOD ALLERGEN LABELING AND CONSUMER  PROTECTION
 ACT OF 2004, AS AMENDED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15412-02-6
              

 A. 11072                            2
 
   2.  MENU  LABELING REQUIREMENT. EVERY FOOD SERVICE ESTABLISHMENT DOING
 BUSINESS IN THE STATE OF NEW YORK SHALL PROVIDE  CLEAR  AND  CONSPICUOUS
 WRITTEN  NOTICE OF MAJOR FOOD ALLERGENS THAT THE FOOD SERVICE ESTABLISH-
 MENT KNOWS, OR REASONABLY SHOULD KNOW, ARE CONTAINED AS AN INGREDIENT IN
 EACH MENU ITEM, INCLUDING TEMPORARY MENU ITEMS.
   3.  METHOD  OF  DISCLOSURE. A FOOD SERVICE ESTABLISHMENT SHALL PROVIDE
 MAJOR FOOD ALLERGEN IDENTIFICATION FOR EACH MENU ITEM:
   (A) CONSPICUOUSLY AND DIRECTLY ON ANY PHYSICAL OR DIGITAL MENU,  IMME-
 DIATELY ABOVE, BENEATH, OR ADJACENT TO EACH MENU ITEM; AND
   (B)  EACH  MAJOR FOOD ALLERGEN SHALL BE IDENTIFIED EITHER WITH A CLEAR
 WRITTEN STATEMENT IN THE SAME LANGUAGE AS THE REST OF THE  MENU,  OR  BY
 USING EASILY RECOGNIZABLE PICTOGRAMS THAT ARE ACCOMPANIED BY A CONSPICU-
 OUS KEY LOCATED ON THE SAME MENU.
   4.  MENU  ITEMS  WITHOUT ALLERGENS. MENU ITEMS THAT DO NOT CONTAIN ANY
 MAJOR FOOD ALLERGEN SHALL REQUIRE NO ADDITIONAL  INGREDIENT  IDENTIFICA-
 TION.
   5.  PENALTIES.  ANY  FOOD  SERVICE  ESTABLISHMENT  THAT  VIOLATES  THE
 PROVISIONS OF THIS SECTION, OR  ANY  RULES  OR  REGULATIONS  PROMULGATED
 HEREUNDER, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED
 TWENTY-FIVE DOLLARS FOR EACH VIOLATION.
   6.  RULES  AND  REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES AND
 REGULATIONS AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.