A4943-2011 Actions

• Apr 20, 2011: enacting clause stricken
• Feb 9, 2011: referred to health

A4943-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4943
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 9, 2011
 
 Introduced  by  M.  of  A.  MAYERSOHN  --  read once and referred to the
 Committee on Health
 

AN ACT to amend the public health  law,  in  relation  to  food  allergy
 awareness in food establishments
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The public health law is amended by adding  a  new  section
 1352-d to read as follows:

 

S  1352-D.  ALLERGY  AWARENESS IN FOOD ESTABLISHMENTS. 1. EVERY OWNER,
 OPERATOR, LESSOR, LESSEE, PERSON OR CORPORATION IN CHARGE OF ANY RESTAU
 RANT, DINING ROOM OR COMMERCIAL EATING ESTABLISHMENT  OR  IN  ANY  OTHER
 PLACE  WHERE  FOOD  IS  PREPARED,  SOLD OR SERVED FOR AND TO THE GENERAL
 PUBLIC IN THIS STATE, WHEN SERVING FOOD, SHALL:

 (A) PROMINENTLY DISPLAY A POSTER RELATIVE TO FOOD ALLERGY AWARENESS IN
 THE STAFF AREA; SUCH POSTER SHALL PROVIDE, BUT NOT BE LIMITED TO, INFOR
 MATION REGARDING THE RISK OF AN ALLERGIC REACTION AND SHALL BE DEVELOPED
 AND APPROVED BY THE DEPARTMENT PRIOR TO DISPLAY;
 (B) INCLUDE ON ALL MENUS A NOTICE TO CUSTOMERS OF THE CUSTOMER'S OBLI
 GATION TO INFORM THE SERVER ABOUT ANY  FOOD  ALLERGIES;  THE  DEPARTMENT
 SHALL DEVELOP AND APPROVE THE LANGUAGE OF THE NOTICE; AND
 (C)  IF  A  RESTAURANT, DINING ROOM OR COMMERCIAL EATING ESTABLISHMENT
 WITH A SEATING CAPACITY OF FIFTY OR MORE, HAVE AND MAINTAIN ON THE PREM
 ISES A MASTER LIST OF ALL THE INGREDIENTS USED  IN  THE  PREPARATION  OF
 EACH  FOOD ITEM AVAILABLE FOR CONSUMPTION; SUCH MASTER LIST, WHICH SHALL
 BE IN A FORMAT APPROVED BY THE DEPARTMENT,  SHALL  BE  PROVIDED  TO  ANY
 CONSUMER UPON REQUEST.
 2.  FOR  PURPOSES OF COMPLYING WITH THIS SECTION, WITH RESPECT TO FOOD
 ITEMS THAT ARE NOT INITIALLY PREPARED AT THE RESTAURANT, DINING ROOM  OR
 COMMERCIAL  EATING  ESTABLISHMENT,  IT  SHALL  BE  ACCEPTABLE TO RELY ON
 INGREDIENTS INFORMATION OBTAINED  FROM  THE  MANUFACTURERS,  VENDORS  OR
 DISTRIBUTORS  OF FOOD TO BE CONSUMED IN SUCH ESTABLISHMENT, PROVIDED THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08591-01-1
 
       A. 4943                             2
 INFORMATION FROM A MANUFACTURER, VENDOR OR DISTRIBUTOR  IS  INCLUDED  IN
 THE MASTER LIST OF INGREDIENTS.
 3.  THE  OWNER,  OPERATOR,  LESSOR, LESSEE OR PERSON IN CHARGE OF SUCH
 RESTAURANT, DINING ROOM OR COMMERCIAL  EATING  ESTABLISHMENT  SHALL,  IN
 ORDER  TO  OBTAIN  HIS OR HER CERTIFICATION, RECEIVE TRAINING CONCERNING
 FOOD ALLERGIES. FOR PURPOSES OF THIS SECTION, THE  TRAINING  REQUIREMENT
 SHALL BE FULFILLED BY VIEWING A VIDEO CONCERNING FOOD ALLERGIES AND UPON
 THE REVIEW AND RECEIPT OF WRITTEN MATERIALS PREPARED FOR THE PURPOSES OF
 PROVIDING INFORMATION ON FOOD ALLERGIES. THE COMMISSIONER, OR HIS OR HER
 DESIGNEE,  SHALL  APPROVE  THE TRAINING PROGRAM, INCLUDING THE VIDEO AND
 WRITTEN MATERIALS. ANY PERSON  DESIGNATED  AS  AN  ALTERNATE  PERSON  IN
 CHARGE  SHALL,  IN ADDITION TO EXISTING REQUIREMENTS, ALSO BE KNOWLEDGE
 ABLE WITH REGARD TO THE RELEVANT ISSUES  CONCERNING  FOOD  ALLERGIES  AS
 THEY RELATE TO FOOD PREPARATION.
 4.  NO EARLIER THAN TWELVE MONTHS AND NO LATER THAN TWENTY-FOUR MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL SUBMIT  A
 REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
 SENATE  WHICH  SHALL INCLUDE ANALYSIS OF THE IMPACT OF THIS SECTION. THE
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PROPOSED CHANGES TO THE
 SECTION CONSISTENT WITH THE PUBLIC HEALTH AND WELFARE.
 5. A VIOLATION OF THIS SECTION SHALL BE SUBJECT TO THE  PENALTY  UNDER
 SECTION THIRTEEN HUNDRED FIFTY-THREE OF THIS TITLE.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

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