Bill Text: NY S05681 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to allergy awareness and training in restaurants; requires allergen awareness training; certification within thirty days after hire date.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-07 - PRINT NUMBER 5681A [S05681 Detail]

Download: New_York-2019-S05681-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 10, 2019

        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the public health law, in relation to allergy awareness
          and training in restaurants

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

     1    Section  1.  The  public health law is amended by adding a new section
     2  1352-f to read as follows:
     3    § 1352-f. Allergy awareness and training in  restaurants.  1.    Defi-
     4  nitions. (a) "Major food allergen" shall mean (i) milk, eggs, fish (such
     5  as  bass,  flounder,  or  cod);  crustaceans  (such as crab, lobster, or
     6  shrimp); tree nuts (such as almonds, pecans,  pistachios,  or  walnuts),
     7  wheat,  peanuts,  and soybeans; and (ii) a food ingredient that contains
     8  protein derived from a food named in subparagraph (i) of this paragraph.
     9  This does not include: (1) any highly refined oil derived  from  a  food
    10  specified  in  subparagraph  (i)  of  this  paragraph  or any ingredient
    11  derived from such highly refined oil; or  (2)  any  ingredient  that  is
    12  exempt  under  the  petition  or  notification  process specified in the
    13  federal food allergen labeling and consumer protection act of 2004.
    14    (b) "Menu" shall mean a printed or pictorial display of a food item or
    15  items and their price or prices that are available for sale from a  food
    16  establishment.  This  includes menus distributed or provided outside the
    17  establishment and promotional items that include menu  information  from
    18  which a customer can place an order.
    19    (c)  "Menu  board"  shall mean any list or pictorial display of a food
    20  item or items and their price or prices posted within or outside a  food
    21  establishment.

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

        S. 5681--A                          2

     1    (d)  "Approved  training provider" shall mean a training provider that
     2  has been approved by the director to provide training and assessment  of
     3  allergen awareness for food service managers.
     4    (e)  "Food safety manager" shall mean a managerial employee designated
     5  by his or her employer to complete allergen awareness  training  and  to
     6  obtain  a  certificate  of  allergen  awareness training pursuant to the
     7  requirements of this section.
     8    2. General requirements. (a) All food safety managers hired by a  food
     9  service  establishment that cooks, prepares, or serves food intended for
    10  immediate consumption either on  or  off  the  premises  shall  complete
    11  allergen  awareness  training  and  pass  an assessment from an approved
    12  training provider to obtain a certificate of allergen awareness training
    13  prior to or within thirty days after his or her hire date.
    14    (b) Such food establishments shall include on all  printed  menus  and
    15  menu  boards a clear and conspicuous notice requesting a customer notify
    16  the server, before placing an order, about the customer's allergy  to  a
    17  major food allergen. The notice shall state: "Before placing your order,
    18  please inform your server if a person in your party has a food allergy."
    19    (c)  The  notice  must  be included on printed menus and on indoor and
    20  outdoor menu boards, including drive-through menu boards.
    21    (d) All notices on menu boards must be easily readable from the  point
    22  of  service at which food is ordered. On the menu board itself, the font
    23  size of the notice must be equal to or greater than the font size of the
    24  smallest menu item listed on the menu board.
    25    (e) In lieu of placing the notice directly on the  indoor  or  outdoor
    26  menu  board  itself, the food establishment may post the notice adjacent
    27  to the menu or at each point of service  where  food  is  ordered.  Such
    28  notice must be securely posted in a manner so that it may be easily seen
    29  and  read  from  a  distance  of  five  feet  by a person standing at or
    30  approaching the point of service, shall directly face the purchaser, and
    31  shall not be obstructed from view.
    32    3. Food allergen awareness training. (a) Food  service  establishments
    33  shall  have  on  staff  managers  who  have been issued a certificate of
    34  allergen awareness training by an approved training provider  as  quali-
    35  fied by the department. The certificate will be valid for five years.
    36    (b) An approved training provider shall:
    37    (i)  demonstrate knowledge of major food allergens by posting the food
    38  allergen awareness training certificate issued by an  approved  training
    39  provider;
    40    (ii)  ensure that designated food safety managers are properly trained
    41  in food allergy awareness as it is related to their assigned duties; and
    42    (iii) ensure that at least one food safety manager with a  certificate
    43  of allergen awareness training is on site during all hours of operation.
    44    4.  Certificate renewal. (a) Certificates of allergen awareness train-
    45  ing shall be renewed every five years by completing an  allergen  aware-
    46  ness training course, as qualified by the department.
    47    (b)  The commissioner shall promulgate rules and regulations to estab-
    48  lish a qualifying program to designate approved training providers.
    49    5. Food allergy aware designation. (a) The commissioner shall  develop
    50  a  program  for restaurants to be designated as "food allergy aware" and
    51  shall maintain a listing of restaurants receiving  such  designation  on
    52  its  website.  Participation  in  the program shall be voluntary and the
    53  department shall, in consultation with the  New  York  state  restaurant
    54  association,  issue  guidelines  and  requirements  for  restaurants  to
    55  receive such designation, provided that such requirements shall include,
    56  but not be limited to, maintaining on the premises, and making available

        S. 5681--A                          3

     1  to the public, a master list of all the ingredients used in the prepara-
     2  tion of each food item available for consumption.
     3    (b) No earlier than twelve months and no later than twenty-four months
     4  after the effective date of this section, the commissioner, in consulta-
     5  tion  with  the  New  York  state restaurant association, shall submit a
     6  report to the clerks of the assembly and the senate, which shall include
     7  analysis of the impact of this section. The report  shall  include,  but
     8  not  be  limited  to,  compliance  of restaurants with this section, and
     9  proposed changes to this section consistent with the public  health  and
    10  welfare.
    11    6.  Exemptions.  Food  service  establishments  having  twenty or more
    12  locations and that otherwise require  staff  to  complete  a  nationally
    13  recognized  food  safety  training  program  with  an allergen awareness
    14  component which meets the standards of the allergen  awareness  training
    15  required  by  this section shall be exempted from the provisions of this
    16  section.
    17    § 2. This act shall take effect on the ninetieth day  after  it  shall
    18  have  become  a law; provided that the commissioner of health is author-
    19  ized to promulgate any and all rules and regulations and take any  other
    20  measures  necessary  to  implement this act on its effective date, on or
    21  before such date.