Bill Text: NY A02574 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the commissioner of health to establish means of educating proprietors and employees of public eating establishments about food allergens.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2014-03-24 - REFERRED TO HEALTH [A02574 Detail]

Download: New_York-2013-A02574-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2574
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2013
                                      ___________
       Introduced  by  M.  of A. ORTIZ, CLARK -- Multi-Sponsored by -- M. of A.
         BENEDETTO, GALEF, PERRY, RIVERA, SWEENEY, WEISENBERG -- read once  and
         referred to the Committee on Health
       AN  ACT  to  amend  the  public health law, in relation to food allergen
         information
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The section heading of section 1352-b of the public health
    2  law, as added by chapter 613 of the laws of 1980, is amended to read  as
    3  follows:
    4    Public  eating  establishments; first aid instructions concerning food
    5  lodged in throat; FOOD ALLERGEN INFORMATION; liability.
    6    S 2. Subdivisions 3, 4 and 5 of section 1352-b of  the  public  health
    7  law  are renumbered sections 4, 5 and 6 and a new subdivision 3 is added
    8  to read as follows:
    9    3. FOOD ALLERGEN INFORMATION FOR PROPRIETORS AND EMPLOYEES  OF  PUBLIC
   10  EATING  ESTABLISHMENTS.  A.  THE  COMMISSIONER  SHALL  ADOPT AND APPROVE
   11  INFORMATION TO EDUCATE PROPRIETORS AND EMPLOYEES OF PUBLIC EATING ESTAB-
   12  LISHMENTS ABOUT THE DANGERS OF SEVERE FOOD ALLERGENS  TO  FOOD  ALLERGIC
   13  INDIVIDUALS.  SUCH  INFORMATION SHALL INCLUDE BUT NOT BE LIMITED TO: THE
   14  NEED TO INFORM CUSTOMERS OF THE PRESENCE OF SUCH ALLERGENS  IN  FOOD  OR
   15  MEALS  ON  THE  MENU  OR THROUGH VERBAL DESCRIPTIONS; THE POSSIBILITY OF
   16  CROSS-CONTAMINATION OF A FOOD WITH AN ALLERGEN DURING  FOOD  PREPARATION
   17  AND  THE NEED TO INFORM CUSTOMERS OF THAT POSSIBILITY; AND, THE SYMPTOMS
   18  OF SEVERE ALLERGIC REACTIONS TO FOOD AND THE NEED FOR RAPID RESPONSE  TO
   19  SUCH EMERGENCIES.
   20    B.  THE  COMMISSIONER  SHALL,  AS  SOON  AS PRACTICABLE, SUPPLY TO THE
   21  PROPRIETOR OF EVERY PUBLIC  EATING  ESTABLISHMENT  IN  THIS  STATE  SUCH
   22  ADOPTED  AND  APPROVED  INFORMATION AND DEVELOP REGULATIONS FOR DISTRIB-
   23  UTION OR POSTING OF SUCH INFORMATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06888-01-3
       A. 2574                             2
    1    S 3. This act shall take effect on the one hundred eightieth day after
    2  it shall have become a law, provided, however, that effective immediate-
    3  ly the commissioner of health may  promulgate  any  rule  or  regulation
    4  necessary  for  the  timely  implementation of this act on its effective
    5  date.