S T A T E   O F   N E W   Y O R K
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                                 6841--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on  Governmental Operations -- recommitted to the Committee on Govern-
  mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the state finance law, the public  health  law  and  the
  education  law,  in  relation  to requiring gluten cross contamination
  safeguards in food establishments owned, operated  or  leased  by  any
  department or agency of the state or the state university of New York

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

  Section 1. The state finance law is amended by adding  a  new  section
146-a to read as follows:
  S  146-A.  CONTRACTS FOR FOOD SERVICE ESTABLISHMENTS.  NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW, ALL NEW  CONTRACTS,  RENEWAL  CONTRACTS  OR
CHANGE  ORDERS  FOR AN EXISTING CONTRACT MADE AND AWARDED BY ANY DEPART-
MENT OR AGENCY OF THE STATE OR THE STATE UNIVERSITY OF NEW YORK, FOR THE
OPERATION OF A FOOD SERVICE ESTABLISHMENT,  SHALL  CONTAIN  A  PROVISION
REQUIRING  THE  CONTRACTOR  OR  VENDOR OPERATING SUCH ESTABLISHMENT IN A
STATE-OWNED, OPERATED OR LEASED BUILDING TO TAKE REASONABLE  PRECAUTIONS
TO  AVERT  THE CROSS-CONTAMINATION OF GLUTEN-FREE FOODS PREPARED BY SUCH
ESTABLISHMENT BY FOOD CONTAINING GLUTEN.
  S 2. Section 206 of the public health law is amended by adding  a  new
subdivision 30 to read as follows:
  30.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE RULES AND REGULATIONS SPECIFYING REASONABLE METH-
ODS TO AVERT THE  CROSS-CONTAMINATION  OF  GLUTEN-FREE  FOODS  BY  FOODS
CONTAINING  GLUTEN DURING THE PREPARATION OF SUCH FOOD IN CAFETERIAS AND
RESTAURANTS OR ANY OTHER FOOD ESTABLISHMENT  OPERATED  BY  A  VENDOR  OR
CONTRACTOR  ON PROPERTIES OWNED, OPERATED OR LEASED BY ANY DEPARTMENT OR
AGENCY OF THE STATE OR THE STATE UNIVERSITY OF NEW YORK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06382-03-6
              

A. 6841--A                          2

  S 3. The education law is amended by adding a  new  section  101-c  to
read as follows:
  S 101-C. RULES AND REGULATIONS; GLUTEN CROSS-CONTAMINATION PREVENTION.
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL
PROMULGATE  RULES AND REGULATIONS SPECIFYING REASONABLE METHODS TO AVERT
THE CROSS-CONTAMINATION OF GLUTEN-FREE FOODS BY FOODS CONTAINING  GLUTEN
DURING THE PREPARATION OF SUCH FOOD IN CAFETERIAS AND RESTAURANTS OR ANY
OTHER  FOOD  ESTABLISHMENT OPERATED BY A VENDOR OR CONTRACTOR ON PROPER-
TIES OWNED, OPERATED OR LEASED BY THE STATE UNIVERSITY OF NEW YORK.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law, provided, however, that effective immediately, the
addition, amendment, or repeal of any rule or regulation  necessary  for
the  implementation  of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.