Bill Text: NY A09951 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires food products using ingredients classified as major food allergens to be labelled or branded as such; requires food sellers to provide written notice to stores for food labels containing new ingredients classified as major food allergens; requires such foods are labeled or branded as such by a food seller until such food has appropriately labeled packaging.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-26 - referred to agriculture [A09951 Detail]

Download: New_York-2023-A09951-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9951

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Agriculture

        AN ACT to amend the agriculture and markets law, in relation to  requir-
          ing  food  products  containing major food allergens to be labelled or
          branded to indicate the presence of such major food allergen

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 201-j to read as follows:
     3    § 201-j. Food products; major allergens labelling or branding. 1.  For
     4  the  purposes of this section, the term "major food allergen" shall mean
     5  peanuts, tree nuts, milk, eggs, fish,  shellfish,  wheat,  soy,  or  any
     6  other  food  determined by the commissioner to pose a risk to the health
     7  and safety of people who unknowingly  consume  such  food  and  have  an
     8  allergic reaction to such food.
     9    2.  No food product which contains a major food allergen shall be sold
    10  or offered for sale within the state without being labelled  or  branded
    11  in such a way to indicate such food product contains such major allergen
    12  in a manner established by regulations promulgated by the commissioner.
    13    3.  Where  a food product is not labelled or branded as required under
    14  this section, the originator of such food product shall alert any  store
    15  in which the food product is sold of the presence of a major food aller-
    16  gen in such food product. Such alert shall be in writing.
    17    4. Upon being alerted to a major food allergen in a food product being
    18  sold  in a store without proper labelling or branding, such store shall,
    19  within twenty-four hours, either: (a) no longer offer such food  product
    20  for  sale;  or (b) repackage the food product such that the labelling or
    21  branding are consistent with the requirements of this section.
    22    § 2. This act shall take effect on the one hundred twentieth day after
    23  it shall have become a law. Effective immediately, the addition,  amend-
    24  ment and/or repeal of any rule or regulation necessary for the implemen-
    25  tation of this act on its effective date are authorized to be made on or
    26  before such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15260-01-4