NY Pub Health L § 1352-B (2021)
2021 New York Laws PBH - Public Health Article 13 - Nuisances and Sanitation Title 8 - Food Handling 1352-B - Public Eating Establishments; First Aid Instructions Concerning Food Lodged in Throat; Liability.

§   1352-b.  Public  eating  establishments;  first  aid  instructions   concerning food lodged  in  throat;  liability.    1.  Definitions.  For   purposes of this section:a.  "Public  eating establishment" shall mean a cafeteria or lunchroom   located in a school or educational institution and a restaurant,  dining   room,  dining  car or other place engaged in the preparation and service   on the premises of food for and to the general public;b. "Choking emergency" shall mean a situation occurring  in  a  public   eating  establishment  in  which  food  has  become lodged in a person's   throat in such a manner as to prevent or severely inhibit the  continued   breathing of such person.2. First aid instructions. a. The commissioner shall adopt and approve   first  aid  instructions  designed and intended for use in removing food   lodged  in  the  throat  of  a  victim  of  a  choking  emergency.  Such   instructions  shall be limited to first aid techniques not involving the   use of any physical  instrument  or  device  to  be  inserted  into  the   victim's mouth or throat.b.  The  commissioner  shall, as soon as is practicable, supply to the   proprietor of every public  eating  establishment  in  this  state  such   adopted and approved instructions.3.  Posting.  The  proprietor  of every public eating establishment in   this state shall, upon receipt thereof,  post  such  instructions  in  a   conspicuous  place  or places in order that the proprietor and employees   may become familiar with them, and in order that the instructions may be   consulted by any person attempting to provide relief to the victim of  a   choking  emergency; provided, that the fact that such instructions shall   not have been posted as required by  this  section  at  the  time  of  a   choking  emergency shall not in and of itself subject such a proprietor,   or his employees or agents, to liability in any civil action for damages   for personal injuries  or  wrongful  death  arising  from  such  choking   emergency.4.  No duty to act. Nothing contained in this section shall impose any   duty or obligation on  any  proprietor,  employee  or  other  person  to   remove, assist in removing, or attempt to remove food from the throat of   the victim of a choking emergency.5. Immunity from liability. Notwithstanding any inconsistent provision   of  law  or  ordinance,  a  proprietor,  employee  or  other  person who   voluntarily and without expectation of  monetary  compensation  removes,   assists  in  removing, or attempts to remove food from the throat of the   victim of a  choking  emergency  in  accordance  with  the  instructions   adopted by the commissioner shall not be liable for damages for injuries   alleged  to  have  been  sustained by such victim or for damages for the   death of such victim alleged to have occurred by reason  of  an  act  or   omission  in  the  rendering  of  such emergency assistance unless it is   established that such injuries were, or such death was, caused by  gross   negligence on the part of such proprietor, employee or person.