2023 New York Laws › AGM - Agriculture and Markets › Article 17 - Adulteration, Packing, and Branding of Food and Food Products › 199-F - Food Allergies Notice in Food Service Establishments.

§  199-f.  Food  allergies  notice  in food service establishments. 1.
Definitions. For the purposes of this section:
(a) "Menu" shall mean a list or pictorial display of a  prepared  food
item  or  items  available  for  sale  for  the  purpose of permitting a
customer to order such food  item  or  items,  including  such  list  or
pictorial  display posted online for a customer to place food orders for
delivery or take out.
(b) "Food service establishment" shall mean any place  where  food  is
prepared  and  intended for individual portion service, and includes the
site at which individual  portions  are  provided,  whether  consumption
occurs  on  or off the premises, or whether or not there is a charge for
the food, including retail food  stores,  as  defined  in  section  five
hundred of this chapter.
2.  The commissioner shall make available on the department's website,
in English and in the twelve most common non-English languages spoken by
limited-English proficient individuals in the state, based on  the  data
in  the  most  recent  American Community Survey published by the United
States Census Bureau, a notice containing information for staff of  food
service  establishments  regarding  food  allergies.  Such  notice shall
include:
(a) the procedures to be followed if a customer informs staff of  such
food service establishment that such customer has a food allergy;
(b) any procedures to be followed to prevent cross contact; and
(c)  the  procedure  to  be  followed  if  a  customer has an allergic
reaction, including a  recommendation  regarding  the  circumstances  in
which to call 911.
3.  Every  food service establishment shall post the notice containing
information on food allergies established pursuant to subdivision two of
this section in a  conspicuous  location  accessible  to  all  employees
involved  in  the preparation or service of food, in at least one of the
languages spoken by each employee to the extent such languages are among
those in which the department makes the  notice  available  pursuant  to
subdivision two of this section.
4.  The commissioner shall make available on the department's website,
in  the   twelve   most   common   non-English   languages   spoken   by
limited-English  proficient  individuals in the state, based on the data
in the most recent American Community Survey  published  by  the  United
States Census Bureau, (a) a translation of the following: "If you have a
food  allergy,  please  notify us."; and (b) a food allergy message that
food service establishments may use to inform  customers  about  allergy
information for prepared food items.
5.  Every food service establishment that makes available a menu shall
include in a conspicuous manner on each menu or the assembly upon  which
the  menu  or  menus are included, either, (a) the following notice: "If
you have a food allergy, please notify  us.";  or  (b)  a  food  allergy
message that informs the customer about the allergy information for each
prepared food item or items on such menu. If such menu is available in a
language other than English for which the department makes a translation
available  pursuant  to  subdivision  four  of  this  section, such food
service  establishment  shall  also  include  such  translation   in   a
conspicuous   manner.   Every  food  service  establishment  that  makes
available a menu online for a customer to place orders for  delivery  or
take out, including under a third-party food delivery agreement pursuant
to section three hundred ninety-one-v of the general business law, shall
also  include  on such menu a food allergy notification to customers and
either, (1) provide a method by which a customer may indicate  any  food
allergy  such  customer  has; or (2) provide a food allergy message that

informs the customer about the allergy  information  for  each  prepared
food item or items on such menu.
6. Any food service establishment that violates the provisions of this
section  or  any of the rules or regulations promulgated hereunder shall
be liable for a civil penalty not  to  exceed  one  hundred  twenty-five
dollars for each violation.