§ 1356 — Food allergies and intolerances notice in food service establishments and online food ordering services

§ 1356. Food allergies and intolerances notice in food service\nestablishments and online food ordering services. 1. Definitions. For\nthe purposes of this section:\n (a) "Food service establishment" shall mean a restaurant or catering\nhall where food is prepared and served either on or off site.\n (b) "Menu" shall mean a list or pictorial display of a prepared food\nitem or items available for sale from a food establishment for the\npurpose of permitting a customer to order such food item or items,\nincluding such list or pictorial display posted online for a customer to\nplace food orders for delivery or take out.\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 and intolerance information for prepared\nfood items.\n 5. Every food service establishment operating in New York state that\nmakes available a menu shall include in a conspicuous manner on each\nmenu or the assembly upon which the menu or menus are included, either,\n(a) the following notice: "If you have a food allergy or intolerance,\nplease notify us."; or (b) a food allergy or intolerance message that\ninforms the customer about the allergy or intolerance information for\neach prepared food item or items on such menu. If such menu is available\nin a language other than English for which the department makes a\ntranslation available pursuant to subdivision four of this section, such\nfood service establishment shall also include such translation in a\nconspicuous manner. Every food service establishment that makes\navailable a menu online for a customer to place food orders for delivery\nor take out, including under a third-party food delivery agreement\npursuant to section three hundred ninety-one-v of the general business\nlaw, shall also include on such menu a food allergy or intolerance\nnotification to customers and either, (1) provide a method by which a\ncustomer may indicate any food allergy or intolerance such customer has;\nor (2) provide a food allergy message that informs the customer about\nthe allergy and intolerance information for each prepared food item or\nitems 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