N.Y. Public Health Law § 1357: Allergen labeling for prepackaged foods

* § 1357. Allergen labeling for prepackaged foods. 1. As used in this

section, the following terms shall have the following meanings:

(a) "Prepackaged food" means food that is prepared, prepacked and

offered or sold to customers on the same premises. Prepackaged food does

not include food that is not in packaging or is packaged after a

customer has ordered.

(b) "Food establishment" means any place food is prepared and intended

for off-premises consumption, including all delis, bakeries, sandwich

shops, ice cream parlors, cafeterias and food trucks operating within

the state.

(c) (i) "Major food allergen" means:

(A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,

sesame, and soybeans; and

(B) a food ingredient that contains protein derived from a food named

in clause (A) of this subparagraph.

(ii) "Major food allergen" does not include:

(A) any highly refined oil derived from a food specified in clause (A)

of subparagraph (i) of this paragraph or any ingredient derived from

such highly refined oil; or

(B) any ingredient that is exempt under the petition or notification

process specified in the Food Allergen Labeling and Consumer Protection

Act of 2004, as amended.

2. Every food establishment shall label all prepackaged food with a

written notification on the package or on a label attached to the

package identifying any ingredient with which a product is made that

constitutes a major food allergen. Such label need not identify any

ingredient that does not constitute a major food allergen under federal

or state law.

* NB Effective November 12, 2026