N.Y. Agriculture & Markets Law § 199-F – Food allergies and intolerances notice in food service establishments

1. Definitions. For the purposes of this section:
1. (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.
2. (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 and intolerances. Such notice shall include:
1. (a) the procedures to be followed if a customer informs staff of such food service establishment that such customer has a food allergy or intolerance;
2. (b) any procedures to be followed to prevent cross contact; and
3. (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 and intolerances 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 or intolerance, please notify us."; and (b) a food allergy or intolerance message that food service establishments may use to inform customers about allergy or intolerance 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 or intolerance, please notify us."; or (b) a food allergy or intolerance message that informs the customer about the allergy or intolerance 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 or intolerance such customer has; or (2) provide a food allergy or intolerance message that informs the customer about the allergy and intolerance 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.