Bill Text: NY S01217 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires food service establishments to make deliveries of food in tamper evident packaging.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S01217 Detail]
Download: New_York-2023-S01217-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1217 2023-2024 Regular Sessions IN SENATE January 10, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to requiring food service establishments to make deliveries of food in tamper evident packaging The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1352 of the public health law is amended by adding 2 a new subdivision 5 to read as follows: 3 5. (a) For purposes of this subdivision, the term "tamper evident 4 packaging" shall mean packaging having one or more indicators or barri- 5 ers to entry which, if breached or missing, can reasonably be expected 6 to provide visible evidence to consumers that tampering has occurred. 7 (b) Any food service establishment doing business in this state which 8 offers food for delivery shall package and deliver such food in tamper 9 evident packaging. Such packaging shall also include a label with the 10 words "Sealed for your protection. Do not consume if broken or missing". 11 The provisions of this section shall apply to all food deliveries made 12 by a food service establishment, including, but not limited to, food 13 deliveries made by a food delivery service. 14 (c) Any food service establishment in violation of this subdivision 15 shall be subject to a civil fine in the amount of two hundred fifty 16 dollars for each violation. 17 (d) The commissioner is authorized to promulgate rules and regulations 18 necessary for the implementation of this subdivision. 19 § 2. This act shall take effect on the one hundred twentieth day after 20 it shall have become a law. Effective immediately, the addition, amend- 21 ment and/or repeal of any rule or regulation necessary for the implemen- 22 tation of this act on its effective date are authorized to be made and 23 completed on or before such date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03328-01-3