New York A 1397: Relates to allergy awareness and training in restaurants

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A01397 Summary:

BILL NOA01397 

&nbsp

SAME ASSAME AS S07566

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRStern, Magnarelli, Steck, Lavine, Reyes, Taylor, Sayegh, Simon, Brabenec, DeStefano, Shimsky,
 Lunsford, Bendett, Otis

&nbsp

MLTSPNSR

&nbsp

Add §1357, Pub Health L

&nbsp

Relates to allergy awareness and training in restaurants; requires allergen awareness training; requires certification within thirty days after hire date.

Go to top A01397 Actions:

BILL NOA01397 

&nbsp

01/09/2025referred to health

01/07/2026referred to health

Go to topA01397 Committee&nbspVotes:

Go to topA01397 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01397 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1397

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, STERN, MAGNARELLI, STECK, LAVINE,
 REYES, TAYLOR, SAYEGH, SIMON, BRABENEC, DeSTEFANO -- read once and
 referred to the Committee on Health

 AN ACT to amend the public health law, in relation to allergy awareness
 and training in restaurants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 1357 to read as follows:
 3 § 1357. Allergy awareness and training in restaurants. 1. Defi-
 4 nitions. (a) "Major food allergen" shall mean (i) milk, eggs, fish,
 5 crustacean shellfish, tree nuts, wheat, peanuts, sesame, and soybeans;
 6 and (ii) a food ingredient that contains protein derived from a food
 7 named in subparagraph (i) of this paragraph. This does not include: (1)
 8 any highly refined oil derived from a food specified in subparagraph (i)
 9 of this paragraph or any ingredient derived from such highly refined
 10 oil; or (2) any ingredient that is exempt under the petition or notifi-
 11 cation process specified in the federal food allergen labeling and
 12 consumer protection act of 2004.
 13 (b) "Menu" shall have the same meaning as in section thirteen hundred
 14 fifty-six of this title.
 15 (c) "Approved training provider" shall mean a training provider that
 16 has been approved by the commissioner to provide allergen awareness
 17 training for employees of food service establishments.
 18 (d) "Food safety manager" shall mean a managerial employee designated
 19 by their employer to complete allergen awareness training and to obtain
 20 a certificate of allergen awareness training pursuant to the require-
 21 ments of this section.
 22 (e) "Food service establishment" shall have the same meaning as in
 23 section thirteen hundred fifty-six of this title.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04267-01-5

 A. 1397 2

 1 2. General requirements. (a) All food service establishments shall
 2 designate at least one food safety manager per location. At least one
 3 food safety manager shall be on site during all hours of operation.
 4 (b) A designated food safety manager shall complete allergen awareness
 5 training from an approved training provider to obtain a certificate of
 6 allergen awareness training prior to or within thirty days after their
 7 hire date or by the effective date of this section. Such certification
 8 shall be valid for five years.
 9 (c) A designated food safety manager shall:
 10 (i) demonstrate knowledge of major food allergens; and
 11 (ii) oversee the preparation and/or cooking of any food to be served
 12 to a customer who has notified restaurant staff of a food allergy to
 13 ensure it is prepared safely.
 14 3. Certificate renewal. (a) Certificates of allergen awareness train-
 15 ing shall be renewed every five years by completing an allergen aware-
 16 ness training course, as approved by the department.
 17 (b) The commissioner shall promulgate any rules and regulations neces-
 18 sary to designate approved training providers.
 19 4. Food allergy aware designation. (a) The commissioner shall develop
 20 a program for restaurants to be designated as "food allergy aware" and
 21 shall maintain a listing of restaurants receiving such designation on
 22 its website. Participation in the program shall be voluntary and the
 23 department sha