2023 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.