BILL NUMBER: S819
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the public health law and the agriculture and markets
law, in relation to food allergy awareness in food service establish-
ments and online food ordering services
 
PURPOSE:
This is a chapter amendment that makes changes to provisions of L.2022,
c.623, to clarify provisions relating to providing food allergy informa-
tion to food service establishments and requiring establishments to
provide that information to consumers.
 
SUMMARY OF PROVISIONS:
This chapter amendment amends provisions of S8102A(2022)in several ways.
"Food service establishment" is redefined to include restaurants or
catering halls and not include grocery stores and "menu" is refined to
reference online menus explicitly. Food service establishments will have
two ways to comply with notice requirements; either provide food allergy
information for each item that is prepared or on the menu, or they can
alert customers that they should share food allergy information with the
establishment. The Department of Health will provide a notice that
establishments may use regarding food allergies in the twelve most
common languages other than English, which is a change from the original
bill which provided the notice in six languages. This change is to
comply with Executive Law § 202-a, which was enacted in the FY23 budget.
 
EXISTING LAW:
None.
 
JUSTIFICATION:
This legislation is a negotiated change to the underlying chapter.
 
LEGISLATIVE HISTORY:
Chapter amendment to Chapter 623 of the Laws of 2022. S.8102A and
A.2344A both passed the Senate and Assembly, respectfully, in May and
April 2022.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the public health law, in relation
to food allergy awareness in food service establishments and online food
ordering services.