Bill Text: NY S05385 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires the commissioner of health to establish means of educating proprietors and employees of public eating establishments about food allergens.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S05385 Detail]

Download: New_York-2021-S05385-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5385

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 3, 2021
                                       ___________

        Introduced  by  Sens.  PARKER, ADDABBO, BAILEY -- 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  food  allergen
          information

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The section heading of section 1352-b of the public  health
     2  law,  as added by chapter 613 of the laws of 1980, is amended to read as
     3  follows:
     4    Public eating establishments; first aid instructions  concerning  food
     5  lodged in throat; food allergen information; liability.
     6    §  2.  Subdivisions  3, 4 and 5 of section 1352-b of the public health
     7  law are renumbered subdivisions 4, 5 and 6 and a new  subdivision  3  is
     8  added to read as follows:
     9    3.  Food  allergen information for proprietors and employees of public
    10  eating establishments. a.  The  commissioner  shall  adopt  and  approve
    11  information to educate proprietors and employees of public eating estab-
    12  lishments  about  the  dangers of severe food allergens to food allergic
    13  individuals. Such information shall include but not be limited  to:  the
    14  need  to  inform  customers of the presence of such allergens in food or
    15  meals on the menu or through verbal  descriptions;  the  possibility  of
    16  cross-contamination  of  a food with an allergen during food preparation
    17  and the need to inform customers of that possibility; and, the  symptoms
    18  of  severe allergic reactions to food and the need for rapid response to
    19  such emergencies.
    20    b. The commissioner shall, as  soon  as  practicable,  supply  to  the
    21  proprietor  of  every  public  eating  establishment  in this state such
    22  adopted and approved information and develop  regulations  for  distrib-
    23  ution or posting of such information.
    24    § 3. This act shall take effect on the one hundred eightieth day after
    25  it  shall  have become a law. Effective immediately the addition, amend-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09336-01-1

        S. 5385                             2

     1  ment and/or repeal of any rule or regulation necessary for the implemen-
     2  tation of this act on its effective date are authorized to be  made  and
     3  completed on before such date.
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