NY State Senate Bill 2025-S5381A

Current Bill Status Via A6558 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 12, 2025	signed chap.494
Nov 03, 2025	delivered to governor
Jun 11, 2025	returned to assembly passed senate 3rd reading cal.1812 substituted for s5381b
Jun 11, 2025	substituted by a6558a ordered to third reading cal.1812 committee discharged and committed to rules
May 20, 2025	print number 5381b
May 20, 2025	amend and recommit to health
Apr 09, 2025	print number 5381a
Apr 09, 2025	amend and recommit to health
Feb 21, 2025	referred to health

Votes

- Jun 11, 2025 - Floor Vote
  A6558
  
  Aye
  
  47
  
  Nay
  
  12
  
  Absent
  
  0
  
  Excused
  
  4
  
  Abstained
  
  0
  - - Floor Vote: Jun 11, 2025
      
      aye (47)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Brisport
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Walczyk
      
      Webb
      
      nay (12)
      
      Borrello
      
      Chan
      
      Gallivan
      
      Helming
      
      Martins
      
      O'Mara
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (4)
      
      Brouk
      
      Murray
      
      Myrie
      
      Sutton
  Jun 11, 2025 - Rules Committee Vote
  S5381A
  
  Aye
  
  13
  
  Nay
  
  3
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 11, 2025
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Harckham
      
      Hoylman-Sigal
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (3)
      
      Helming
      
      O'Mara
      
      Ortt
      
      aye wr (4)
      
      Gallivan
      
      Griffo
      
      Lanza
      
      Stec
      
      excused (1)
      
      Myrie

Bill Amendments

Original

B (Active)

co-Sponsors

2025-S5381 - Details

Law Section:: Public Health Law
Laws Affected:: Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Versions Introduced in 2023-2024 Legislative Session:: S6820, S8558

2025-S5381 - 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 any ingredient with which a product is made that constitutes a major food allergen.

2025-S5381 - Sponsor Memo

                                 
BILL NUMBER: S5381

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law and the agriculture and markets
law, in relation to requiring allergen labeling for prepackaged foods

 
PURPOSE:

Requires allergen labeling for prepackaged foods.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section 1357
which will require allergen labeling on all food that is prepared,
prepacked, and offered or sold to customers on the same premises. The
labeling will require written notification on the package or on a label
attached to the package identifying all ingredients and labeling for
major food allergens in the form and manner required by the federal Food
Allergen Labeling and Consumer Protection Act of 2004.

Section 2 amends the agriculture and markets law by adding a new section
199-g which discusses mandating allergen labeling for prepackaged foods
sold at food establishments. It also defines key terms such as "prepack-
aged food," "food establishment," and "major food allergens" and
requires that all prepackaged foods be labeled with ingredients and
allergen information in accordance with federal regulations.

Section 3 states the effective date.

 
JUSTIFICATION:

Individuals living with food allergies rely on allergen labeling to make
safe and informed decisions about the food they consume. When allergens
are not labeled or are mislabeled, there is a risk that an individual
with a food allergy may mistake this food to be allergen-free, which can
result in severe side effects if consumed.

Currently, the Food and Drug Administration (FDA) regulations require
allergens to be labeled on prepacked food, but this requirement does not
apply to food that is prepared, prepacked, and sold to customers on the
same premises. This legislation will require allergens to be labeled on
this type of food, which will protect the nearly two million New Yorkers
living with food allergies.

 
LEGISLATIVE HISTORY:

2023-2024: S6820B/A7494B - Died in Rules/Passed Assembly

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2025-S5381 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5381
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sens. HARCKHAM, CLEARE, GOUNARDES, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health
 
 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
   (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.
                                                            LBD04386-01-5

 S. 5381                             2
 
   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:
   § 199-G. 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 CUSTOM-
 ER HAS ORDERED.
   (B) "FOOD ESTABLISHMENT" MEANS ANY PLACE WHERE FOOD  IS  PREPARED  AND
 INTENDED  FOR  CONSUMPTION,  INCLUDING RETAIL FOOD STORES, AS DEFINED IN
 SECTION FIVE HUNDRED OF THIS CHAPTER.
   (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  FEDERAL FOOD ALLERGEN LABELING AND CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   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.
   §  3. This act shall take effect one year after it shall have become a
 law.

co-Sponsors

2025-S5381A - Details

Law Section:: Public Health Law
Laws Affected:: Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Versions Introduced in 2023-2024 Legislative Session:: S6820, S8558

2025-S5381A - Summary

2025-S5381A - Sponsor Memo

                                 
BILL NUMBER: S5381A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law and the agriculture and markets
law, in relation to requiring allergen labeling for prepackaged foods

 
PURPOSE:

Requires allergen labeling for prepackaged foods.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section 1357
which will require allergen labeling on all food that is prepared,
prepacked, and offered or sold to customers on the same premises. The
labeling will require written notification on the package or on a label
attached to the package identifying all ingredients and labeling for
major food allergens in the form and manner required by the federal Food
Allergen Labeling and Consumer Protection Act of 2004.

Section 2 amends the agriculture and markets law by adding a new section
199-g which discusses mandating allergen labeling for prepackaged foods
sold at food establishments. It also defines key terms such as "prepack-
aged food," "food establishment," and "major food allergens" and
requires that all prepackaged foods be labeled with ingredients and
allergen information in accordance with federal regulations.

Section 3 states the effective date.

 
JUSTIFICATION:

Individuals living with food allergies rely on allergen labeling Lo make
safe and informed decisions about the food they consume. When allergens
are not labeled or are mislabeled, there is a risk that an individual
with a food allergy may mistake this food to be allergen-free, which can
result in severe side effects if consumed.

Currently, the Food and Drug Administration (FDA) regulations require
allergens to be labeled on prepacked food, but this requirement does not
apply to food that is prepared, prepacked, and sold to customers on the
same premises. This legislation will require allergens to be labeled on
this type of food, which will protect the nearly two million New Yorkers
living with food allergies.

 
LEGISLATIVE HISTORY:

2023-2024: S6820B/A7494B - Died in Rules/Passed Assembly

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2025-S5381A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5381--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, CLEARE, GOUNARDES, OBERACKER, WEBB -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Health -- 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.
                                                            LBD04386-03-5
 S. 5381--A                          2

   (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.
   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 ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES  A  MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY ALL INGREDI-
 ENTS THAT DO NOT CONSTITUTE  A  MAJOR  FOOD  ALLERGEN  UNLESS  OTHERWISE
 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:
   §  199-G.  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 CUSTOM-
 ER HAS ORDERED.
   (B)  "FOOD  ESTABLISHMENT"  MEANS ANY PLACE WHERE FOOD IS PREPARED AND
 INTENDED FOR CONSUMPTION, INCLUDING RETAIL FOOD STORES,  AS  DEFINED  IN
 SECTION FIVE HUNDRED OF THIS CHAPTER.
   (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 FEDERAL FOOD  ALLERGEN  LABELING  AND  CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   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 ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES  A  MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY ALL INGREDI-
 ENTS THAT DO NOT CONSTITUTE  A  MAJOR  FOOD  ALLERGEN  UNLESS  OTHERWISE
 REQUIRED  PURSUANT  TO  THE  FEDERAL FOOD ALLERGEN LABELING AND CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   § 3. This act shall take effect one year after it shall have become  a
 law.

co-Sponsors

View additional co-sponsors

2025-S5381B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §1357, Pub Health L; add §199-g, Ag & Mkts L
Versions Introduced in 2023-2024 Legislative Session:: S6820, S8558

2025-S5381B (ACTIVE) - Summary

2025-S5381B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5381B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law and the agriculture and markets
law, in relation to requiring allergen labeling for prepackaged foods

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires allergen labeling for prepackaged foods.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section 1357
which will require allergen labeling on all food that is prepared,
prepacked, and offered or sold to customers on the same premises. The
labeling will require written notification on the package or on a label
attached to the package identifying and labeling major food allergens in
the form and manner required by the federal Food Allergen Labeling and
Consumer Protection Act of 2004.

Section 2 amends the agriculture and markets law by adding a new

section 199-g to apply these labeling requirements to retail food
stores.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Individuals living with food allergies rely on allergen labeling to make
safe and informed decisions about the food they consume. When major food
allergens are not labeled or are mislabeled, there is a risk that an
individual with a food allergy may mistake this food to be allergen-
free, which can result in severe side effects if consumed.

Currently, the Food and Drug Administration (FDA) regulations require
major food allergens to be labeled on prepacked food, but this require-
ment does not apply to food that is prepared, prepacked, and sold to
customers on the same premises. This legislation will require major food
allergens to be labeled on this type of food, which will protect the
nearly two million New Yorkers living with food allergies.

 
PRIOR HISTORY:

2024: Similar Bill (A.7494-B/Lunsford) Passed Assembly, 130-18

2023: Similar Bill (A.7494/Lunsford) Died in Health

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2025-S5381B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5381--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, CLEARE, GOUNARDES, OBERACKER, WEBB -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Health -- 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.
                                                            LBD04386-05-5

 S. 5381--B                          2
 
   (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.
   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 ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES A MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY ANY INGREDIENT
 THAT  DOES  NOT  CONSTITUTE A MAJOR FOOD ALLERGEN UNDER FEDERAL OR STATE
 LAW.
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 199-g to read as follows:
   §  199-G.  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 CUSTOM-
 ER HAS ORDERED.
   (B)  "FOOD  ESTABLISHMENT"  MEANS ANY PLACE WHERE FOOD IS PREPARED AND
 INTENDED FOR CONSUMPTION, INCLUDING RETAIL FOOD STORES,  AS  DEFINED  IN
 SECTION FIVE HUNDRED OF THIS CHAPTER.
   (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 FEDERAL FOOD  ALLERGEN  LABELING  AND  CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   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 ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES A MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY ANY INGREDIENT
 THAT  DOES  NOT  CONSTITUTE A MAJOR FOOD ALLERGEN UNDER FEDERAL OR STATE
 LAW.
   § 3. This act shall take effect one year after it shall have become  a
 law.

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Senate Bill S5381A

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2025-S5381A - Details

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Senate Bill S5381A

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2025-S5381 - Details

2025-S5381 - Summary

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2025-S5381 - Bill Text download pdf

co-Sponsors

2025-S5381A - Details

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2025-S5381A - Bill Text download pdf

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2025-S5381B (ACTIVE) - Details

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2025-S5381B (ACTIVE) - Bill Text download pdf

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