Bill Text: NY S06820 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying all ingredients and labeling for major food allergens in such form and manner as required pursuant to the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S06820 Detail]

Download: New_York-2023-S06820-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6820--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 10, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law and the  agriculture  and  markets
          law, in relation to requiring allergen labeling for prepackaged foods

          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  1357 to read as follows:
     3    §  1357.  Allergen labeling for prepackaged foods.  1. As used in this
     4  section, the following terms shall have the following meanings:
     5    (a) "Prepackaged food" means food  that  is  prepared,  prepacked  and
     6  offered  or  sold  to  customers on the same premises.  Prepackaged food
     7  does not include food that is not in packaging or is  packaged  after  a
     8  customer has ordered.
     9    (b) "Food establishment" means any place food is prepared and intended
    10  for  off-premises  consumption,  including all delis, bakeries, sandwich
    11  shops, ice cream parlors, cafeterias and food  trucks  operating  within
    12  the state.
    13    (c) (i) "Major food allergen" means:
    14    (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,
    15  sesame, and soybeans; and
    16    (B)  a food ingredient that contains protein derived from a food named
    17  in clause (A) of this subparagraph.
    18    (ii) "Major food allergen" does not include:
    19    (A) any highly refined oil derived from a food specified in clause (A)
    20  of subparagraph (i) of this paragraph or  any  ingredient  derived  from
    21  such highly refined oil; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11261-09-4
        S. 6820--B                          2

     1    (B)  any  ingredient that is exempt under the petition or notification
     2  process specified in the Food Allergen Labeling and Consumer  Protection
     3  Act of 2004, as amended.
     4    2.  Every  food  establishment shall label all prepackaged food with a
     5  written notification on the package or on a label attached to the  pack-
     6  age identifying all ingredients and labeling for major food allergens in
     7  such  form  and manner as required pursuant to the federal Food Allergen
     8  Labeling and Consumer Protection Act of 2004, as amended.
     9    § 2. The agriculture and markets  law  is  amended  by  adding  a  new
    10  section 199-g to read as follows:
    11    §  199-g.  Allergen labeling for prepackaged foods. 1. As used in this
    12  section, the following terms shall have the following meanings:
    13    (a) "Prepackaged food" means food that  is  prepared,  prepacked,  and
    14  offered or sold to customers on the same premises. Prepackaged food does
    15  not include food that is not in packaging or is packaged after a custom-
    16  er has ordered.
    17    (b)  "Food  establishment"  means any place where food is prepared and
    18  intended for consumption, including retail food stores,  as  defined  in
    19  section five hundred of this chapter.
    20    (c)(i) "Major food allergen" means:
    21    (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,
    22  sesame, and soybeans; and
    23    (B)  a food ingredient that contains protein derived from a food named
    24  in clause (A) of this subparagraph.
    25    (ii) "Major food allergen" does not include:
    26    (A) any highly refined oil derived from a food specified in clause (A)
    27  of subparagraph (i) of this paragraph or  any  ingredient  derived  from
    28  such highly refined oil; or
    29    (B)  any  ingredient that is exempt under the petition or notification
    30  process specified in the federal Food  Allergen  Labeling  and  Consumer
    31  Protection Act of 2004, as amended.
    32    2.  Every  food  establishment shall label all prepackaged food with a
    33  written notification on the package or on a label attached to the  pack-
    34  age identifying all ingredients and labeling for major food allergens in
    35  such  form  and manner as required pursuant to the federal Food Allergen
    36  Labeling and Consumer Protection Act of 2004, as amended.
    37    § 3. This act shall take effect one year after it shall have become  a
    38  law.