A 6558: Requires every food establishment to label all prepackaged food with a written notification on the package or on a label attached to the package identifying any ingredient with which a product is made that constitutes a major food allergen.

  
  STATE OF NEW YORK ________________________________________________________________________ 6558 2025-2026 Regular Sessions  IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. LUNSFORD -- read once and referred to the Commit- tee on Health 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: 1 Section 1. The public health law is amended by adding a new section 2 1357 to read as follows: 3 § 1357. Allergen labeling for prepackaged foods. 1. As used in this 4 section, the following terms shall have the following meanings: 5 (a) "Prepackaged food" means food that is prepared, prepacked and 6 offered or sold to customers on the same premises. Prepackaged food 7 does not include food that is not in packaging or is packaged after a 8 customer has ordered. 9 (b) "Food establishment" means any place food is prepared and intended 10 for off-premises consumption, including all delis, bakeries, sandwich 11 shops, ice cream parlors, cafeterias and food trucks operating within 12 the state. 13 (c) (i) "Major food allergen" means: 14 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, 15 sesame, and soybeans; and 16 (B) a food ingredient that contains protein derived from a food named 17 in clause (A) of this subparagraph. 18 (ii) "Major food allergen" does not include: 19 (A) any highly refined oil derived from a food specified in clause (A) 20 of subparagraph (i) of this paragraph or any ingredient derived from 21 such highly refined oil; or 22 (B) any ingredient that is exempt under the petition or notification 23 process specified in the Food Allergen Labeling and Consumer Protection 24 Act of 2004, as amended. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04386-02-5 
 A. 6558 2 1 2. Every food establishment shall label all prepackaged food with a 2 written notification on the package or on a label attached to the pack- 3 age identifying any ingredient with which a product is made that consti- 4 tutes a major food allergen. Such label need not identify all ingredi- 5 ents that do not constitute a major food allergen unless otherwise 6 required pursuant to the federal Food Allergen Labeling and Consumer 7 Protection Act of 2004, as amended. 8 § 2. The agriculture and markets law is amended by adding a new 9 section 199-g to read as follows: 10 § 199-g. Allergen labeling for prepackaged foods. 1. As used in this 11 section, the following terms shall have the following meanings: 12 (a) "Prepackaged food" means food that is prepared, prepacked, and 13 offered or sold to customers on the same premises. Prepackaged food does 14 not include food that is not in packaging or is packaged after a custom- 15 er has ordered. 16 (b) "Food establishment" means any place where food is prepared and 17 intended for consumption, including retail food stores, as defined in 18 section five hundred of this chapter. 19 (c)(i) "Major food allergen" means: 20 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, 21 sesame, and soybeans; and 22 (B) a food ingredient that contains protein derived from a food named 23 in clause (A) of this subparagraph. 24 (ii) "Major food allergen" does not include: 25 (A) any highly refined oil derived from a food specified in clause (A) 26 of subparagraph (i) of this paragraph or any ingredient derived from 27 such highly refined oil; or 28 (B) any ingredient that is exempt under the petition or notification 29 process specified in the federal Food Allergen Labeling and Consumer 30 Protection Act of 2004, as amended. 31 2. Every food establishment shall label all prepackaged food with a 32 written notification on the package or on a label attached to the pack- 33 age identifying any ingredient with which a product is made that consti- 34 tutes a major food allergen. Such label need not identify all ingredi- 35 ents that do not constitute a major food allergen unless otherwise 36 required pursuant to the federal Food Allergen Labeling and Consumer 37 Protection Act of 2004, as amended. 38 § 3. This act shall take effect one year after it shall have become a 39 law.