Legislation

* § 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
customer 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
package identifying any ingredient with which a product is made that
constitutes a major food allergen. Such label need not identify any
ingredient that does not constitute a major food allergen under federal
or state law.

* NB Effective November 12, 2026