Requires allergen labeling for prepackaged foods, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6558--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. LUNSFORD, SIMON, MAGNARELLI, STECK, P. CARROLL --
   read  once  and  referred  to  the  Committee  on  Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law and the  agriculture  and  markets
   law, in relation to requiring allergen labeling for prepackaged foods
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 1357 to read as follows:
   §  1357.  ALLERGEN LABELING FOR PREPACKAGED FOODS.  1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PREPACKAGED FOOD" MEANS FOOD  THAT  IS  PREPARED,  PREPACKED  AND
 OFFERED  OR  SOLD  TO  CUSTOMERS ON THE SAME PREMISES.  PREPACKAGED FOOD
 DOES NOT INCLUDE FOOD THAT IS NOT IN PACKAGING OR IS  PACKAGED  AFTER  A
 CUSTOMER HAS ORDERED.
   (B) "FOOD ESTABLISHMENT" MEANS ANY PLACE FOOD IS PREPARED AND INTENDED
 FOR  OFF-PREMISES  CONSUMPTION,  INCLUDING ALL DELIS, BAKERIES, SANDWICH
 SHOPS, ICE CREAM PARLORS, CAFETERIAS AND FOOD  TRUCKS  OPERATING  WITHIN
 THE STATE.
   (C) (I) "MAJOR FOOD ALLERGEN" MEANS:
   (A) MILK, EGGS, FISH, CRUSTACEAN SHELLFISH, TREE NUTS, WHEAT, PEANUTS,
 SESAME, AND SOYBEANS; AND
   (B)  A FOOD INGREDIENT THAT CONTAINS PROTEIN DERIVED FROM A FOOD NAMED
 IN CLAUSE (A) OF THIS SUBPARAGRAPH.
   (II) "MAJOR FOOD ALLERGEN" DOES NOT INCLUDE:
   (A) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD SPECIFIED IN CLAUSE (A)
 OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  ANY  INGREDIENT  DERIVED  FROM
 SUCH HIGHLY REFINED OIL; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04386-04-5
 A. 6558--A                          2
 
   (B)  ANY  INGREDIENT THAT IS EXEMPT UNDER THE PETITION OR NOTIFICATION
 PROCESS SPECIFIED IN THE FOOD ALLERGEN LABELING AND CONSUMER  PROTECTION
 ACT OF 2004, AS AMENDED.
   2.  EVERY  FOOD  ESTABLISHMENT SHALL LABEL ALL PREPACKAGED FOOD WITH A
 WRITTEN NOTIFICATION ON THE PACKAGE OR ON A LABEL ATTACHED TO THE  PACK-
 AGE IDENTIFYING ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES A MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY ANY INGREDIENT
 THAT  DOES  NOT  CONSTITUTE A MAJOR FOOD ALLERGEN UNDER FEDERAL OR STATE
 LAW.
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 199-g to read as follows:
   §  199-G.  ALLERGEN LABELING FOR PREPACKAGED FOODS. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PREPACKAGED FOOD" MEANS FOOD THAT  IS  PREPARED,  PREPACKED,  AND
 OFFERED OR SOLD TO CUSTOMERS ON THE SAME PREMISES. PREPACKAGED FOOD DOES
 NOT INCLUDE FOOD THAT IS NOT IN PACKAGING OR IS PACKAGED AFTER A CUSTOM-
 ER HAS ORDERED.
   (B)  "FOOD  ESTABLISHMENT"  MEANS ANY PLACE WHERE FOOD IS PREPARED AND
 INTENDED FOR CONSUMPTION, INCLUDING RETAIL FOOD STORES,  AS  DEFINED  IN
 SECTION FIVE HUNDRED OF THIS CHAPTER.
   (C)(I) "MAJOR FOOD ALLERGEN" MEANS:
   (A) MILK, EGGS, FISH, CRUSTACEAN SHELLFISH, TREE NUTS, WHEAT, PEANUTS,
 SESAME, AND SOYBEANS; AND
   (B)  A FOOD INGREDIENT THAT CONTAINS PROTEIN DERIVED FROM A FOOD NAMED
 IN CLAUSE (A) OF THIS SUBPARAGRAPH.
   (II) "MAJOR FOOD ALLERGEN" DOES NOT INCLUDE:
   (A) ANY HIGHLY REFINED OIL DERIVED FROM A FOOD SPECIFIED IN CLAUSE (A)
 OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  ANY  INGREDIENT  DERIVED  FROM
 SUCH HIGHLY REFINED OIL; OR
   (B)  ANY  INGREDIENT THAT IS EXEMPT UNDER THE PETITION OR NOTIFICATION
 PROCESS SPECIFIED IN THE FEDERAL FOOD  ALLERGEN  LABELING  AND  CONSUMER
 PROTECTION ACT OF 2004, AS AMENDED.
   2.  EVERY  FOOD  ESTABLISHMENT SHALL LABEL ALL PREPACKAGED FOOD WITH A
 WRITTEN NOTIFICATION ON THE PACKAGE OR ON A LABEL ATTACHED TO THE  PACK-
 AGE IDENTIFYING ANY INGREDIENT WITH WHICH A PRODUCT IS MADE THAT CONSTI-
 TUTES A MAJOR FOOD ALLERGEN. SUCH LABEL NEED NOT IDENTIFY ANY INGREDIENT
 THAT  DOES  NOT  CONSTITUTE A MAJOR FOOD ALLERGEN UNDER FEDERAL OR STATE
 LAW.
   § 3. This act shall take effect one year after it shall have become  a
 law.