N.Y. Agriculture & Markets Law § 199-f: Food allergies and intolerances notice in food service establishments

§ 199-f. Food allergies and intolerances notice in food service

establishments. 1. Definitions. For the purposes of this section:

(a) "Menu" shall mean a list or pictorial display of a prepared food

item or items available for sale for the purpose of permitting a

customer to order such food item or items, including such list or

pictorial display posted online for a customer to place food orders for

delivery or take out.

(b) "Food service establishment" shall mean any place where food is

prepared and intended for individual portion service, and includes the

site at which individual portions are provided, whether consumption

occurs on or off the premises, or whether or not there is a charge for

the food, including retail food stores, as defined in section five

hundred of this chapter.

2. The commissioner shall make available on the department's website,

in English and in the twelve most common non-English languages spoken by

limited-English proficient individuals in the state, based on the data

in the most recent American Community Survey published by the United

States Census Bureau, a notice containing information for staff of food

service establishments regarding food allergies and intolerances. Such

notice shall include:

(a) the procedures to be followed if a customer informs staff of such

food service establishment that such customer has a food allergy or

intolerance;

(b) any procedures to be followed to prevent cross contact; and

(c) the procedure to be followed if a customer has an allergic

reaction, including a recommendation regarding the circumstances in

which to call 911.

3. Every food service establishment shall post the notice containing

information on food allergies and intolerances established pursuant to

subdivision two of this section in a conspicuous location accessible to

all employees involved in the preparation or service of food, in at

least one of the languages spoken by each employee to the extent such

languages are among those in which the department makes the notice

available pursuant to subdivision two of this section.

4. The commissioner shall make available on the department's website,

in the twelve most common non-English languages spoken by

limited-English proficient individuals in the state, based on the data

in the most recent American Community Survey published by the United

States Census Bureau, (a) a translation of the following: "If you have a

food allergy or intolerance, please notify us."; and (b) a food allergy

or intolerance message that food service establishments may use to

inform customers about allergy or intolerance information for prepared

food items.

5. Every food service establishment that makes available a menu shall

include in a conspicuous manner on each menu or the assembly upon which

the menu or menus are included, either, (a) the following notice: "If

you have a food allergy or intolerance, please notify us."; or (b) a

food allergy or intolerance message that informs the customer about the

allergy or intolerance information for each prepared food item or items

on such menu. If such menu is available in a language other than English

for which the department makes a translation available pursuant to

subdivision four of this section, such food service establishment shall

also include such translation in a conspicuous manner. Every food

service establishment that makes available a menu online for a customer

to place orders for delivery or take out, including under a third-party

food delivery agreement pursuant to section three hundred ninety-one-v

of the general business law, shall also include on such menu a food

allergy notification to customers and either, (1) provide a method by

which a customer may indicate any food allergy or intolerance such

customer has; or (2) provide a food allergy or intolerance message that

informs the customer about the allergy and intolerance information for

each prepared food item or items on such menu.

6. Any food service establishment that violates the provisions of this

section or any of the rules or regulations promulgated hereunder shall

be liable for a civil penalty not to exceed one hundred twenty-five

dollars for each violation.