Albany, NY – New York State Senator Pete Harckham and Assemblymember Jen Lunsford announced today that their bill requiring food establishments statewide to label all prepackaged food for allergens has been signed into law by Governor Kathy Hochul. The new law requires notification on the package or on a label attached to the package identifying any ingredients that constitute a major food allergen has been signed into law by Governor Kathy Hochul.

Harckham and Lunsford’s bill (S.5381 / A.6558A) amends the state’s Public Health Law and Agriculture and Markets Law to specify that food prepared, prepacked and offered or sold on the same premises at food establishments like cafeterias, delis, bakeries, sandwich shops, food trucks and ice cream parlor must have labeling that alerts customers to the major food allergens. The law does not pertain to food that is not in packaging or is packaged after a customer has ordered it. 

“In 2020, while I was running for the Assembly for the first time, my then 3-year-old son suffered an anaphylactic reaction to a cookie we purchased at a local bakery,” said Lunsford. “While sitting in the hospital with him, I vowed to do whatever I could to prevent this from happening to anyone else. The stress of feeding your family when someone suffers severe food allergies can be overwhelming. With the addition of a small sticker, we are ensuring that those who need this life-saving information will be able to make faster, more informed decisions about the food they purchase.” 

Lunsford added, “This bill has been a long time in the making for me, and it is truly one of my proudest achievements as an Assemblymember.  I am so grateful to Senator Harckham, to Governor Kathy Hochul, and to everyone who helped us get this critical piece of legislation across the finish line. It is not an exaggeration to say this bill will save lives.” 

“For people who are living with food allergies, there can be no room for error in respect to the ingredients that are in prepackaged meals or consumable products they are purchasing or being served,’ said Harckham. “This information needs to be presented to them clearly, or they risk a severe reaction or even death. This new law will prevent needless trips to hospital emergency rooms and even save lives, which is why I am grateful to the advocates who fought for this law, as well as to Assemblymember Lunsford for partnering with me on the initial legislation and to Governor Hochul for signing it into law.”

Food allergies affect more than 30 million Americans, children and adults, whose immune systems react badly to certain proteins in foods, primarily milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans and sesame. The allergic reaction to foods can vary greatly, from mild symptoms like swollen lips and hives to more severe, even life-threatening symptoms, also known as anaphylaxis. These potentially fatal symptoms are often experienced as shock and respiratory failure.

Currently, there are no cures for food allergies. Therefore, strict avoidance is necessary to prevent potentially serious health consequences. The Food Allergen and Consumer Protection Act of 2004 helps protect people with food allergies by having the federal Food and Drug Administration (FDA) enforce regulations requiring companies to list ingredients on packaged foods and beverages. The FDA inspects and samples foods as well to make sure ingredients are properly labelled on products.

However, the FDA food labeling requirement does not apply to food that is prepared, prepacked, and sold to customers on the same premises. This new law, which will go into effect next year, will require allergens to be labeled on this type of food, which will protect the nearly two million New Yorkers living with food allergies.

Harckham noted that the legislation was spurred by Jared Saiontz, a student at Horace Greeley High School in Chappaqua, who was born with 26 anaphylactic allergies. Jared reached out to the senator with the wish that some of the prepackaged foods he and his friends were purchasing at local delis, grocery stores and gas stations had an ingredient label so he could know if it was safe for him to consume. A meeting with Jared and a number of other advocates in Albany, many who shared their own personal stories, helped advance the bill.

Toni Taylor, Executive Director of Allergy Advocates New York, said, “Allergy Advocates New York extends its gratitude to advocates from across New York State and the country as well as Sponsors, Co-Sponsors and all legislators for supporting these important bills to increase the safety of the 2 million New Yorkers managing life threatening allergies.”

Jill R. Mindlin, a food allergy advocate from Nassau County, NY, said, “We are so grateful to Senator Harckham and Assemblymember Lunsford for getting this law passed. It will help prevent needless tragedies by making purchasing food safer for the many New Yorkers living with life threatening food allergies.”

Jared Saiontz said, “Thank you Senator Harckham and Assemblymember Lunsford for meeting with me and hearing why allergen labeling is so important. Because of your sponsorship of the allergen labeling bill, New York will now require the top nine allergens to be listed on foods prepackaged on-site—a huge step forward for me and for over two million New Yorkers living with food allergies.”