BILL NUMBER: S5381B
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the public health law and the agriculture and markets
law, in relation to requiring allergen labeling for prepackaged foods
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires allergen labeling for prepackaged foods.
 
SUMMARY OF PROVISIONS:
Section 1 amends the public health law by adding a new section 1357
which will require allergen labeling on all food that is prepared,
prepacked, and offered or sold to customers on the same premises. The
labeling will require written notification on the package or on a label
attached to the package identifying and labeling major food allergens in
the form and manner required by the federal Food Allergen Labeling and
Consumer Protection Act of 2004.
Section 2 amends the agriculture and markets law by adding a new
section 199-g to apply these labeling requirements to retail food
stores.
Section 3 sets forth the effective date.
 
JUSTIFICATION:
Individuals living with food allergies rely on allergen labeling to make
safe and informed decisions about the food they consume. When major food
allergens are not labeled or are mislabeled, there is a risk that an
individual with a food allergy may mistake this food to be allergen-
free, which can result in severe side effects if consumed.
Currently, the Food and Drug Administration (FDA) regulations require
major food allergens to be labeled on prepacked food, but this require-
ment does not apply to food that is prepared, prepacked, and sold to
customers on the same premises. This legislation will require major food
allergens to be labeled on this type of food, which will protect the
nearly two million New Yorkers living with food allergies.
 
PRIOR HISTORY:
2024: Similar Bill (A.7494-B/Lunsford) Passed Assembly, 130-18
2023: Similar Bill (A.7494/Lunsford) Died in Health
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.