S 5381: 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 ________________________________________________________________________ 5381 2025-2026 Regular Sessions  IN SENATE February 21, 2025 ___________ Introduced by Sens. HARCKHAM, CLEARE, GOUNARDES, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee 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. LBD04386-01-5 
 S. 5381 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 all ingredients and labeling for major food allergens in 4 such form and manner as required pursuant to the federal Food Allergen 5 Labeling and Consumer Protection Act of 2004, as amended. 6 § 2. The agriculture and markets law is amended by adding a new 7 section 199-g to read as follows: 8 § 199-g. Allergen labeling for prepackaged foods. 1. As used in this 9 section, the following terms shall have the following meanings: 10 (a) "Prepackaged food" means food that is prepared, prepacked, and 11 offered or sold to customers on the same premises. Prepackaged food does 12 not include food that is not in packaging or is packaged after a custom- 13 er has ordered. 14 (b) "Food establishment" means any place where food is prepared and 15 intended for consumption, including retail food stores, as defined in 16 section five hundred of this chapter. 17 (c)(i) "Major food allergen" means: 18 (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, 19 sesame, and soybeans; and 20 (B) a food ingredient that contains protein derived from a food named 21 in clause (A) of this subparagraph. 22 (ii) "Major food allergen" does not include: 23 (A) any highly refined oil derived from a food specified in clause (A) 24 of subparagraph (i) of this paragraph or any ingredient derived from 25 such highly refined oil; or 26 (B) any ingredient that is exempt under the petition or notification 27 process specified in the federal Food Allergen Labeling and Consumer 28 Protection Act of 2004, as amended. 29 2. Every food establishment shall label all prepackaged food with a 30 written notification on the package or on a label attached to the pack- 31 age identifying all ingredients and labeling for major food allergens in 32 such form and manner as required pursuant to the federal Food Allergen 33 Labeling and Consumer Protection Act of 2004, as amended. 34 § 3. This act shall take effect one year after it shall have become a 35 law.