Bill Text: NY A08761 | 2017-2018 | General Assembly | Introduced


Bill Title: Requires food allergy signage around parks, playgrounds, and recreation centers that are not located on one, two and three-family residential real property.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-06-20 - enacting clause stricken [A08761 Detail]

Download: New_York-2017-A08761-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8761
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 3, 2017
                                       ___________
        Introduced  by  M.  of  A. M. L. MILLER -- read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in  relation  to  requiring  food
          allergy signage around parks, playgrounds, and recreation centers
          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  2500-l to read as follows:
     3    §  2500-l.  Food allergy awareness signage on playgrounds and in parks
     4  and/or recreation centers. 1. Definitions.  For  the  purposes  of  this
     5  section:
     6    a.  "playground"  shall have the same meaning as set forth in subdivi-
     7  sion one of section  thirteen  hundred  ninety-nine-o-1  of  the  public
     8  health  law.  Playgrounds  or playground equipment constructed upon one,
     9  two and three-family residential  real  property  are  exempt  from  the
    10  requirements of this section.
    11    b. "park and/or recreation center" shall mean:
    12    (i)  any  location  within  state  or municipal parkland that has been
    13  designated in regulation by the  commissioner  as  a  place  where  food
    14  allergy incidents are likely to occur; or
    15    (ii) any location outside of state or municipal parkland that has been
    16  designated  in  regulation  by  the  commissioner  as a place where food
    17  allergy incidents are likely to occur, provided that location  is  being
    18  utilized  for activities overseen by the office of parks, recreation and
    19  historic preservation or a local parks and/or recreation department.
    20    2. The commissioner shall promulgate rules and  regulations  requiring
    21  the  person or entity that operates a playground or a park and/or recre-
    22  ation center to post food allergy awareness signage. At a minimum,  such
    23  signage shall:
    24    a. inform children and their caregivers of the dangers associated with
    25  food allergies; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13645-01-7

        A. 8761                             2
     1    b.  include  a  list of actions that children and their caregivers can
     2  take in order to mitigate the risk of causing an allergy attack, includ-
     3  ing, but not limited to:
     4    (i) eating at designated areas outside of the play or recreation area,
     5  in  order  to avoid food contamination of the playground of other recre-
     6  ation equipment;
     7    (ii) not offering food to other  children  without  their  caregivers'
     8  permission; and
     9    (iii) washing or otherwise cleaning their hands after eating.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law; provided, however, that effective immediate-
    12  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    13  necessary for the implementation of this act on its  effective  date  is
    14  authorized  and  directed  to  be  made  and completed on or before such
    15  effective date.
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