Requires the creation of a food allergy poster by the department of health; requires the posting of a food allergy poster in all food service establishments; authorizes the department to charge a fee to cover printing, postage and handling expenses of the posters.
TITLE OF BILL: An act to amend the public health law, in relation to the creation and posting of food allergy posters in retail establishments
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require the display of information regarding food allergies and safety practices regarding cross contamination within food service establishments.
SUMMARY OF SPECIFIC PROVISIONS: The bill will amend the public health law by adding new section 1352-d.
JUSTIFICATION: The dangers associated with food allergies and cross contamination can be sharply curtailed through the use of proper education and effective sanitary techniques. By requiring the display of critical food allergy information within food service establishments, these safety mechanisms are more likely to be utilized, leading to a lower incidence of preventable allergic reaction in New York's restaurants.
PRIOR LEGISLATIVE HISTORY: New Bill. 2012: Committee Discharged and Committed to Rules
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the one hundred and eightieth day after it shall become a law. Effective immediately, 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 on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 214 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SQUADRON -- 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 the creation and posting of food allergy posters in retail 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. FOOD ALLERGIES POSTERS. 1. FOR PURPOSES OF THIS SECTION, "FOOD SERVICE ESTABLISHMENT" SHALL HAVE THE MEANING AS SUCH TERM IS DEFINED IN THE STATE SANITARY CODE, EXCEPT THAT IT SHALL NOT INCLUDE ANY PUSHCARTS. 2. THE DEPARTMENT SHALL CREATE A POSTER CONTAINING INFORMATION ON FOOD ALLERGIES FOR USE IN FOOD SERVICE ESTABLISHMENTS IN BOTH ENGLISH AND SPANISH. 3. EVERY FOOD SERVICE ESTABLISHMENT SHALL POST, IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE DEPARTMENT, IN AN AREA VISIBLE TO ANYONE PREPARING OR SERVING FOOD, POSTERS CONTAINING INFORMATION ON FOOD ALLER- GIES PROVIDED BY THE DEPARTMENT. 4. THE DEPARTMENT SHALL MAKE SUCH POSTERS AVAILABLE AND MAY CHARGE A FEE TO COVER PRINTING, POSTAGE AND HANDLING EXPENSES. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00261-01-3