New York § 1357 Allergen labeling for prepackaged foods

New York Statutes

§ 1357 — Allergen labeling for prepackaged foods

New York § 1357

Law PBHPublic Health

Title 8Food Handling

Art. 13Nuisances and Sanitation

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Bluebook

N.Y. Public Health § 1357 (2026).

Text

* § 1357. Allergen labeling for prepackaged foods.

1.As used in this\nsection, the following terms shall have the following meanings:\n (a) "Prepackaged food" means food that is prepared, prepacked and\noffered or sold to customers on the same premises. Prepackaged food does\nnot include food that is not in packaging or is packaged after a\ncustomer has ordered.\n (b) "Food establishment" means any place food is prepared and intended\nfor off-premises consumption, including all delis, bakeries, sandwich\nshops, ice cream parlors, cafeterias and food trucks operating within\nthe state.\n (c) (i) "Major food allergen" means:\n (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,\nsesame, and soybeans; and\n (B) a food ingredient that contains protein derived from a

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* § 1357. Allergen labeling for prepackaged foods. 1. As used in this\nsection, the following terms shall have the following meanings:\n (a) "Prepackaged food" means food that is prepared, prepacked and\noffered or sold to customers on the same premises. Prepackaged food does\nnot include food that is not in packaging or is packaged after a\ncustomer has ordered.\n (b) "Food establishment" means any place food is prepared and intended\nfor off-premises consumption, including all delis, bakeries, sandwich\nshops, ice cream parlors, cafeterias and food trucks operating within\nthe state.\n (c) (i) "Major food allergen" means:\n (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts,\nsesame, and soybeans; and\n (B) a food ingredient that contains protein derived from a food named\nin clause (A) of this subparagraph.\n (ii) "Major food allergen" does not include:\n (A) any highly refined oil derived from a food specified in clause (A)\nof subparagraph (i) of this paragraph or any ingredient derived from\nsuch highly refined oil; or\n (B) any ingredient that is exempt under the petition or notification\nprocess specified in the Food Allergen Labeling and Consumer Protection\nAct of 2004, as amended.\n 2. Every food establishment shall label all prepackaged food with a\nwritten notification on the package or on a label attached to the\npackage identifying any ingredient with which a product is made that\nconstitutes a major food allergen. Such label need not identify any\ningredient that does not constitute a major food allergen under federal\nor state law.\n * NB Effective November 12, 2026\n