Bill Text: NY S05681 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2020-01-17 - PRINT NUMBER 5681B [S05681 Detail]
Download: New_York-2019-S05681-Introduced.html
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 - Dead) 2020-01-17 - PRINT NUMBER 5681B [S05681 Detail]
Download: New_York-2019-S05681-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5681 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 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. 22 (d) "Approved training provider" shall mean a training provider that 23 has been approved by the director to provide training and assessment of 24 allergen awareness for food service managers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00523-01-9S. 5681 2 1 2. General requirements. (a) All managers and designated food prepar- 2 ers and other employees hired by a food service establishment that 3 cooks, prepares, or serves food intended for immediate consumption 4 either on or off the premises shall complete allergen awareness training 5 and pass an assessment from an approved training provider to obtain a 6 certificate of allergen awareness training prior to or within thirty 7 days after his or her hire date. 8 (b) All managers and designated employees shall complete allergen 9 awareness training and pass an assessment from an approved training 10 provider to ensure each manager and employee has a certificate of aller- 11 gen awareness training prior to or within thirty days after his or her 12 hire date. 13 (c) Such food establishments shall include on all printed menus and 14 menu boards a clear and conspicuous notice requesting a customer notify 15 the server, before placing an order, about the customer's allergy to a 16 major food allergen. The notice shall state: "Before placing your order, 17 please inform your server if a person in your party has a food allergy." 18 (d) The notice must be included on printed menus and on indoor and 19 outdoor menu boards, including drive-through menu boards. 20 (e) All notices on menu boards must be easily readable from the point 21 of service at which food is ordered. On the menu board itself, the font 22 size of the notice must be equal to or greater than the font size of the 23 smallest menu item listed on the menu board. 24 (f) In lieu of placing the notice directly on the indoor or outdoor 25 menu board itself, the food establishment may post the notice adjacent 26 to the menu or at each point of service where food is ordered. Such 27 notice must be securely posted in a manner so that it may be easily seen 28 and read from a distance of five feet by a person standing at or 29 approaching the point of service, shall directly face the purchaser, and 30 shall not be obstructed from view. 31 3. Food allergen awareness training. (a) Food service establishments 32 shall have on staff managers and employees who have been issued a 33 certificate of allergen awareness training by an approved training 34 provider as qualified by the department. The certificate will be valid 35 for five years. 36 (b) Managers 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 employees are properly trained in food 41 allergy awareness as it related to their assigned duties; and 42 (iii) ensure that at least one employee with a certificate of allergen 43 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 availableS. 5681 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 § 2. This act shall take effect on the ninetieth day after it shall 12 have become a law; provided that the commissioner of health is author- 13 ized to promulgate any and all rules and regulations and take any other 14 measures necessary to implement this act on its effective date, on or 15 before such date.
