BILL NUMBER: S7810
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the public health law and the agriculture and markets
law, in relation to food intolerances
 
PURPOSE OF THE BILL:
This bill adds food intolerances to the current law that requires food
service establishments to display food allergy awareness notices in
staff areas and include a food allergy notice on their menu.
 
SUMMARY OF PROVISIONS:
Section One of the bill amends public health law section 1356 to add
food intolerances to the notice that Department of Health provides to
food service establishments. It will contain information for staff
regarding food intolerances, including procedures to be followed if the
customer informs staff of a food intolerance and procedures to be
followed to prevent cross contact. The food notice must be places in
conspicuous locations accessible to all employees involved in the prepa-
ration of the food. Additionally, this section requires that each menu
contain a notice to customers either advising them to inform their serv-
er of any food intolerances, or disclosure of food intolerance informa-
tion for each prepared food item on the establishment's menu. A civil
penalty of up to $125 for each violation will be assessed.
Section Two makes corresponding changes to the Agriculture and Markets
Law.
Section Three provides that this act shall take effect on the one
hundred eightieth day after it shall have become law.
 
JUSTIFICATION:
For those suffering with food intolerances, dining out at restaurants
can be a risky experience. Many fear that restaurant personnel may not
be properly trained on food intolerances, such as Celiac Disease, thus
increasing the possibility that they will have a dangerous reaction.
This bill builds on an existing requirement that Department of Health
create a notice containing information on food allergies, which is post-
ed in.food service establishments, including procedures to be followed
when a customer notifies staff of an allergy and how to prevent cross
contact. This bill expands on that notice by also including information
on food intolerances including procedures to be followed when a customer
notifies staff of a food intolerance. Like the food allergy notice that
is currently placed on menus asking customers to inform their server of
any food allergies, a notice will also direct customers to inform their
servers of any food intolerances. In the alternative to placing the
notice on the menu, the food service establishment could instead put
food intolerance information on their menu for each prepared food item.
This bill is intended to educate restaurant personnel and ensure that
safety mechanisms are utilized in food preparation and service.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal. This is an addition to existing notice that Department of
Health already provides for food allergies.
 
EFFECTIVE DATE:
This act would take effect 180 days after becoming law.

Statutes affected:
S7810: 1356 public health law, 199-f agriculture and markets law