NY State Senate Bill 2015-S1732A

Senate Bill S1732A

2015-2016 Legislative Session

Requires gluten cross contamination safeguards in food establishments owned, operated or leased by any department or agency of the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2016	print number 1732a
Jan 28, 2016	amend and recommit to finance
Jan 06, 2016	referred to finance
Jan 14, 2015	referred to finance

Bill Amendments

Original

A (Active)

2015-S1732 - Details

See Assembly Version of this Bill:: A6841
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §146-a, St Fin L; amd §206, Pub Health L; add §101-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4283, A7648
2017-2018: S3097, A6068
2019-2020: S4027, A6284
2021-2022: S3270
2023-2024: S4685

2015-S1732 - Summary

Requires gluten cross-contamination safeguards in food establishments owned, operated or leased by any department or agency of the state.

2015-S1732 - Sponsor Memo

                                BILL NUMBER:S1732

TITLE OF BILL:  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

PURPOSE:

To provide safety for those with food allergies and/or celiac disease
who are served through food establishments owned, operated or leased
by the state or the state university of New York

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: All state departments and agencies, and the state
university of New York, shall place a contract provision in all
renewal contracts and new contracts for the operation of a food
service establishment, requiring the use of reasonable precautions to
avoid gluten cross-contamination.

Section 2: The commissioner of health shall promulgate rules, in
consultation with the commissioner of education, specifying reasonable
methods to avoid cross-contamination of gluten-free food by food
containing gluten.

Section 3: The commissioner of education shall promulgate rules, in
consultation with the commissioner of health, specifying reasonable
methods to avoid cross-contamination of gluten-free food by food
containing gluten.

Section 4: This act shall take effect on the thirtieth day after it
becomes law.

JUSTIFICATION:

Approximately 15% of the United States population suffers from gluten
intolerance of one form or another, ranging from gluten sensitivity*
to Celiac disease.** Celiac disease is a digestive disease that
damages the small intestine and interferes with absorption of
nutrients from food.  Celiac disease affects people in all parts of
the world. Originally thought to be a rare childhood syndrome, celiac
disease is now known to be a common genetic disorder. It is also


ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

* See, http://en.wikipedia.org/wiki/Gluten sensitivity, last visited
3/18/2013.

**#See,
http://www.mayoclinic.com/health/celiac-disease/DS00319/DSECTION=causes,
last visited 3/18/2013.


becoming more prevalent***, as gluten is now used in a far wider
variety of foods than in previous years.

More than two million people in the United States have the disease, or
about 1 in 133 people. People who have celiac disease cannot tolerate
gluten, a protein present in wheat, rye, and barley. Gluten is found
mainly in foods, but may also be found in everyday products such as
medicines, vitamins and lip balms.

In order to diminish or eliminate the symptoms of gluten intolerance,
gluten sensitivity and celiac sufferers may adopt a gluten free
diet****.  Although some persons with non-celiac gluten intolerance
are not affected by gluten cross-contamination of their gluten-free
food,***** it is safest to take careful measures to avoid cross
contamination.

This bill will require the contractor or vendor operating a food
service 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.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.

2015-S1732 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1732

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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 29 to read as follows:
  29.  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.
  S 3. The education law is amended by adding a  new  section  101-c  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06382-01-5

S. 1732                             2

  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.

2015-S1732A (ACTIVE) - Details

See Assembly Version of this Bill:: A6841
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §146-a, St Fin L; amd §206, Pub Health L; add §101-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4283, A7648
2017-2018: S3097, A6068
2019-2020: S4027, A6284
2021-2022: S3270
2023-2024: S4685

2015-S1732A (ACTIVE) - Summary

Requires gluten cross-contamination safeguards in food establishments owned, operated or leased by any department or agency of the state.

2015-S1732A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1732A

 TITLE OF BILL :  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

 PURPOSE :  To provide safety for those with food allergies and/or
celiac disease who are served through food establishments owned,
operated or leased by the state or the state university of New York

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: All state departments and agencies, and the state
university of New York, shall place a contract provision in all
renewal contracts and new contracts for the operation of a food
service establishment, requiring the use of reasonable precautions to
avoid gluten cross-contamination.

Section 2: The commissioner of health shall promulgate rules, in
consultation with the commissioner of education, specifying reasonable
methods to avoid cross-contamination of gluten-free food by food
containing gluten.

Section 3: The commissioner of education shall promulgate rules, in

consultation with the commissioner of health, specifying reasonable
methods to avoid cross-contamination of gluten-free food by food
containing gluten.

Section 4: This act shall take effect on the thirtieth day after it
becomes law.

 JUSTIFICATION :  Approximately 15% of the United States population
suffers from gluten intolerance of one form or another, ranging from
gluten sensitivity* to Celiac disease.** Celiac disease is a digestive
disease that damages the small intestine and interferes with
absorption of nutrients from food. Celiac disease affects people in
all parts of the world. Originally thought to be a rare childhood
syndrome, celiac disease is now known to be a common genetic disorder.
It is also becoming more prevalent***, as gluten is now used in a far
wider variety of foods than in previous years.

*See, HTTP://EN.WIKIPEDIA.ORG/WIKI/GLUTEN SENSITIVITY, last visited
3/18/2013.

** See, http://www.mayoclinic.com/health/ celiac-disease/
DS00319/DSECTION=causes, last visited 3/18/2013.

See, HTTP://ABCNEWS.GO.COM/ HEALTH/
WELLNESSNEWS/STORY?ID=7988436&PAGE=1, last visited 3/18/2013.

More than two million people in the United States have the disease, or
about 1 in 133 people. People who have celiac disease cannot tolerate
gluten, a protein present in wheat, rye, and barley. Gluten is found
mainly in foods, but may also be found in everyday products such as
medicines, vitamins and lip balms.

In order to diminish or eliminate the symptoms of gluten intolerance,
gluten sensitivity and celiac sufferers may adopt a gluten free
diet****. Although some persons with non-celiac gluten intolerance are
not affected by gluten cross-contamination of their gluten-free
food,***** it is safest to take careful measures to avoid cross
contamination.


This bill will require the contractor or vendor operating a food
service 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.

 LEGISLATIVE HISTORY : None.

 FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :  This act shall take effect on the thirtieth day
after it shall have become a law.
 FISCAL IMPLICATIONS :  None.
 EFFECTIVE DATE :  This act shall take effect on the thirtieth day
after it shall have become a law.

2015-S1732A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1732--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  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.
                                                           LBD06382-02-6

S. 1732--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.

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