S T A T E O F N E W Y O R K
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8485
I N A S S E M B L Y
January 17, 2014
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to allergy awareness
and training in restaurants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 1352-e to read as follows:
3 S 1352-E. ALLERGY AWARENESS AND TRAINING IN RESTAURANTS. 1. DEFI-
4 NITIONS. (A) "MAJOR FOOD ALLERGEN" SHALL MEAN (I) MILK, EGGS, FISH (SUCH
5 AS BASS, FLOUNDER, OR COD); CRUSTACEANS (SUCH AS CRAB, LOBSTER, OR
6 SHRIMP); TREE NUTS (SUCH AS ALMONDS, PECANS, PISTACHIOS, OR WALNUTS),
7 WHEAT, PEANUTS, AND SOYBEANS; AND (II) A FOOD INGREDIENT THAT CONTAINS
8 PROTEIN DERIVED FROM A FOOD NAMED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
9 THIS DOES NOT INCLUDE: (1) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD
10 SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH OR ANY INGREDIENT
11 DERIVED FROM SUCH HIGHLY REFINED OIL; OR (2) ANY INGREDIENT THAT IS
12 EXEMPT UNDER THE PETITION OR NOTIFICATION PROCESS SPECIFIED IN THE
13 FEDERAL FOOD ALLERGEN LABELING AND CONSUMER PROTECTION ACT OF 2004.
14 (B) "MENU" SHALL MEAN A PRINTED OR PICTORIAL DISPLAY OF A FOOD ITEM OR
15 ITEMS AND THEIR PRICE OR PRICES THAT ARE AVAILABLE FOR SALE FROM A FOOD
16 ESTABLISHMENT. THIS INCLUDES MENUS DISTRIBUTED OR PROVIDED OUTSIDE THE
17 ESTABLISHMENT AND PROMOTIONAL ITEMS THAT INCLUDE MENU INFORMATION FROM
18 WHICH A CUSTOMER CAN PLACE AN ORDER.
19 (C) "MENU BOARD" SHALL MEAN ANY LIST OR PICTORIAL DISPLAY OF A FOOD
20 ITEM OR ITEMS AND THEIR PRICE OR PRICES POSTED WITHIN OR OUTSIDE A FOOD
21 ESTABLISHMENT.
22 (D) "APPROVED TRAINING PROVIDER" SHALL MEAN A TRAINING PROVIDER THAT
23 HAS BEEN APPROVED BY THE DIRECTOR TO PROVIDE TRAINING AND ASSESSMENT OF
24 ALLERGEN AWARENESS FOR FOOD SERVICE MANAGERS.
25 2. GENERAL REQUIREMENTS. (A) ALL MANAGERS AND DESIGNATED FOOD PREPAR-
26 ERS AND OTHER EMPLOYEES HIRED BY A FOOD SERVICE ESTABLISHMENT THAT
27 COOKS, PREPARES, OR SERVES FOOD INTENDED FOR IMMEDIATE CONSUMPTION
28 EITHER ON OR OFF THE PREMISES SHALL COMPLETE ALLERGEN AWARENESS TRAINING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13210-02-4
A. 8485 2
1 AND PASS AN ASSESSMENT FROM AN APPROVED TRAINING PROVIDER TO OBTAIN A
2 CERTIFICATE OF ALLERGEN AWARENESS TRAINING PRIOR TO OR WITHIN THIRTY
3 DAYS AFTER HIS OR HER HIRE DATE.
4 (B) ALL MANAGERS AND DESIGNATED EMPLOYEES SHALL COMPLETE ALLERGEN
5 AWARENESS TRAINING AND PASS AN ASSESSMENT FROM AN APPROVED TRAINING
6 PROVIDER TO ENSURE EACH MANAGER AND EMPLOYEE HAS A CERTIFICATE OF ALLER-
7 GEN AWARENESS TRAINING PRIOR TO OR WITHIN THIRTY DAYS AFTER HIS OR HER
8 HIRE DATE.
9 (C) SUCH FOOD ESTABLISHMENTS SHALL INCLUDE ON ALL PRINTED MENUS AND
10 MENU BOARDS A CLEAR AND CONSPICUOUS NOTICE REQUESTING A CUSTOMER NOTIFY
11 THE SERVER, BEFORE PLACING AN ORDER, ABOUT THE CUSTOMER'S ALLERGY TO A
12 MAJOR FOOD ALLERGEN. THE NOTICE SHALL STATE: "BEFORE PLACING YOUR ORDER,
13 PLEASE INFORM YOUR SERVER IF A PERSON IN YOUR PARTY HAS A FOOD ALLERGY."
14 (D) THE NOTICE MUST BE INCLUDED ON PRINTED MENUS AND ON INDOOR AND
15 OUTDOOR MENU BOARDS, INCLUDING DRIVE-THROUGH MENU BOARDS.
16 (E) ALL NOTICES ON MENU BOARDS MUST BE EASILY READABLE FROM THE POINT
17 OF SERVICE AT WHICH FOOD IS ORDERED. ON THE MENU BOARD ITSELF, THE FONT
18 SIZE OF THE NOTICE MUST BE EQUAL TO OR GREATER THAN THE FONT SIZE OF THE
19 SMALLEST MENU ITEM LISTED ON THE MENU BOARD.
20 (F) IN LIEU OF PLACING THE NOTICE DIRECTLY ON THE INDOOR OR OUTDOOR
21 MENU BOARD ITSELF, THE FOOD ESTABLISHMENT MAY POST THE NOTICE ADJACENT
22 TO THE MENU OR AT EACH POINT OF SERVICE WHERE FOOD IS ORDERED. SUCH
23 NOTICE MUST BE SECURELY POSTED IN A MANNER SO THAT IT MAY BE EASILY SEEN
24 AND READ FROM A DISTANCE OF FIVE FEET BY A PERSON STANDING AT OR
25 APPROACHING THE POINT OF SERVICE, SHALL DIRECTLY FACE THE PURCHASER, AND
26 SHALL NOT BE OBSTRUCTED FROM VIEW.
27 3. FOOD ALLERGEN AWARENESS TRAINING. (A) FOOD SERVICE ESTABLISHMENTS
28 SHALL HAVE ON STAFF MANAGERS AND EMPLOYEES WHO HAVE BEEN ISSUED A
29 CERTIFICATE OF ALLERGEN AWARENESS TRAINING BY AN APPROVED TRAINING
30 PROVIDER AS QUALIFIED BY THE DEPARTMENT. THE CERTIFICATE WILL BE VALID
31 FOR FIVE YEARS.
32 (B) MANAGERS SHALL:
33 (I) DEMONSTRATE KNOWLEDGE OF MAJOR FOOD ALLERGENS BY POSTING THE FOOD
34 ALLERGEN AWARENESS TRAINING CERTIFICATE ISSUED BY AN APPROVED TRAINING
35 PROVIDER;
36 (II) ENSURE THAT DESIGNATED EMPLOYEES ARE PROPERLY TRAINED IN FOOD
37 ALLERGY AWARENESS AS IT RELATED TO THEIR ASSIGNED DUTIES; AND
38 (III) ENSURE THAT AT LEAST ONE EMPLOYEE WITH A CERTIFICATE OF ALLERGEN
39 AWARENESS TRAINING IS ON SITE DURING ALL HOURS OF OPERATION.
40 4. CERTIFICATE RENEWAL. (A) CERTIFICATES OF ALLERGEN AWARENESS TRAIN-
41 ING SHALL BE RENEWED EVERY FIVE YEARS BY COMPLETING AN ALLERGEN AWARE-
42 NESS TRAINING COURSE, AS QUALIFIED BY THE DEPARTMENT.
43 (B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
44 LISH A QUALIFYING PROGRAM TO DESIGNATE APPROVED TRAINING PROVIDERS.
45 5. FOOD ALLERGY AWARE DESIGNATION. (A) THE COMMISSIONER SHALL DEVELOP
46 A PROGRAM FOR RESTAURANTS TO BE DESIGNATED AS "FOOD ALLERGY AWARE" AND
47 SHALL MAINTAIN A LISTING OF RESTAURANTS RECEIVING SUCH DESIGNATION ON
48 ITS WEBSITE. PARTICIPATION IN THE PROGRAM SHALL BE VOLUNTARY AND THE
49 DEPARTMENT SHALL, IN CONSULTATION WITH THE NEW YORK STATE RESTAURANT
50 ASSOCIATION, ISSUE GUIDELINES AND REQUIREMENTS FOR RESTAURANTS TO
51 RECEIVE SUCH DESIGNATION, PROVIDED THAT SUCH REQUIREMENTS SHALL INCLUDE,
52 BUT NOT BE LIMITED TO, MAINTAINING ON THE PREMISES, AND MAKING AVAILABLE
53 TO THE PUBLIC, A MASTER LIST OF ALL THE INGREDIENTS USED IN THE PREPARA-
54 TION OF EACH FOOD ITEM AVAILABLE FOR CONSUMPTION.
55 (B) NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
56 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTA-
A. 8485 3
1 TION WITH THE NEW YORK STATE RESTAURANT ASSOCIATION, SHALL SUBMIT A
2 REPORT TO THE CLERKS OF THE ASSEMBLY AND THE SENATE, WHICH SHALL INCLUDE
3 ANALYSIS OF THE IMPACT OF THIS SECTION. THE REPORT SHALL INCLUDE, BUT
4 NOT BE LIMITED TO, COMPLIANCE OF RESTAURANTS WITH THIS SECTION, AND
5 PROPOSED CHANGES TO THIS SECTION CONSISTENT WITH THE PUBLIC HEALTH AND
6 WELFARE.
7 S 2. This act shall take effect on the ninetieth day after it shall
8 have become a law; provided that the commissioner of health is author-
9 ized to promulgate any and all rules and regulations and take any other
10 measures necessary to implement this act on its effective date, on or
11 before such date.