§ 199-F — Food allergies and intolerances notice in food service establishments

§ 199-f. Food allergies and intolerances notice in food service\nestablishments. 1. Definitions. For the purposes of this section:\n (a) "Menu" shall mean a list or pictorial display of a prepared food\nitem or items available for sale for the purpose of permitting a\ncustomer to order such food item or items, including such list or\npictorial display posted online for a customer to place food orders for\ndelivery or take out.\n (b) "Food service establishment" shall mean any place where food is\nprepared and intended for individual portion service, and includes the\nsite at which individual portions are provided, whether consumption\noccurs on or off the premises, or whether or not there is a charge for\nthe food, including retail food stores, as defined in section five\nhundred of this chapter.\n 2. The commissioner shall make available on the department's website,\nin English and in the twelve most common non-English languages spoken by\nlimited-English proficient individuals in the state, based on the data\nin the most recent American Community Survey published by the United\nStates Census Bureau, a notice containing information for staff of food\nservice establishments regarding food allergies and intolerances. Such\nnotice shall include:\n (a) the procedures to be followed if a customer informs staff of such\nfood service establishment that such customer has a food allergy or\nintolerance;\n (b) any procedures to be followed to prevent cross contact; and\n (c) the procedure to be followed if a customer has an allergic\nreaction, including a recommendation regarding the circumstances in\nwhich to call 911.\n 3. Every food service establishment shall post the notice containing\ninformation on food allergies and intolerances established pursuant to\nsubdivision two of this section in a conspicuous location accessible to\nall employees involved in the preparation or service of food, in at\nleast one of the languages spoken by each employee to the extent such\nlanguages are among those in which the department makes the notice\navailable pursuant to subdivision two of this section.\n 4. The commissioner shall make available on the department's website,\nin the twelve most common non-English languages spoken by\nlimited-English proficient individuals in the state, based on the data\nin the most recent American Community Survey published by the United\nStates Census Bureau, (a) a translation of the following: "If you have a\nfood allergy or intolerance, please notify us."; and (b) a food allergy\nor intolerance message that food service establishments may use to\ninform customers about allergy or intolerance information for prepared\nfood items.\n 5. Every food service establishment that makes available a menu shall\ninclude in a conspicuous manner on each menu or the assembly upon which\nthe menu or menus are included, either, (a) the following notice: "If\nyou have a food allergy or intolerance, please notify us."; or (b) a\nfood allergy or intolerance message that informs the customer about the\nallergy or intolerance information for each prepared food item or items\non such menu. If such menu is available in a language other than English\nfor which the department makes a translation available pursuant to\nsubdivision four of this section, such food service establishment shall\nalso include such translation in a conspicuous manner. Every food\nservice establishment that makes available a menu online for a customer\nto place orders for delivery or take out, including under a third-party\nfood delivery agreement pursuant to section three hundred ninety-one-v\nof the general business law, shall also include on such menu a food\nallergy notification to customers and either, (1) provide a method by\nwhich a customer may indicate any food allergy or intolerance such\ncustomer has; or (2) provide a food allergy or intolerance message that\ninforms the customer about the allergy and intolerance information for\neach prepared food item or items on such menu.\n 6. Any food service establishment that violates the provisions of this\nsection or any of the rules or regulations promulgated hereunder shall\nbe liable for a civil penalty not to exceed one hundred twenty-five\ndollars for each violation.\n