2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 8 - Food Handling › 1356 - Food Allergies Notice in Food Service Establishments and Online Food Ordering Services.

§  1356.  Food  allergies  notice  in  food service establishments and
online food ordering services. 1. Definitions. For the purposes of  this
section:
(a)  "Food  service establishment" shall mean a restaurant or catering
hall where food is prepared and served either on or off site.
(b) "Menu" shall mean a list or pictorial display of a  prepared  food
item  or  items  available  for  sale  from a food establishment 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.
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 operating in New York state 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 food 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.