N.Y. Public Health Law § 1356: Food allergies and intolerances notice in food service establishments and online food ordering services

§ 1356. Food allergies and intolerances notice in food service

establishments and online food ordering services. 1. Definitions. For

the purposes of this section:

(a) "Food service establishment" shall mean a restaurant or catering

hall where food is prepared and served either on or off site.

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

item or items available for sale from a food establishment 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.

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 and intolerance information for prepared

food items.

5. Every food service establishment operating in New York state 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 food 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 or intolerance

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 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.