New York Assembly Bill A09951 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 9951  IN ASSEMBLY April 26, 2024 ___________ Introduced by M. of A. JACKSON -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to requir- ing food products containing major food allergens to be labelled or branded to indicate the presence of such major food allergen The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The agriculture and markets law is amended by adding a new 2 section 201-j to read as follows: 3 § 201-j. Food products; major allergens labelling or branding. 1. For 4 the purposes of this section, the term "major food allergen" shall mean 5 peanuts, tree nuts, milk, eggs, fish, shellfish, wheat, soy, or any 6 other food determined by the commissioner to pose a risk to the health 7 and safety of people who unknowingly consume such food and have an 8 allergic reaction to such food. 9 2. No food product which contains a major food allergen shall be sold 10 or offered for sale within the state without being labelled or branded 11 in such a way to indicate such food product contains such major allergen 12 in a manner established by regulations promulgated by the commissioner. 13 3. Where a food product is not labelled or branded as required under 14 this section, the originator of such food product shall alert any store 15 in which the food product is sold of the presence of a major food aller- 16 gen in such food product. Such alert shall be in writing. 17 4. Upon being alerted to a major food allergen in a food product being 18 sold in a store without proper labelling or branding, such store shall, 19 within twenty-four hours, either: (a) no longer offer such food product 20 for sale; or (b) repackage the food product such that the labelling or 21 branding are consistent with the requirements of this section. 22 § 2. This act shall take effect on the one hundred twentieth day after 23 it shall have become a law. Effective immediately, the addition, amend- 24 ment and/or repeal of any rule or regulation necessary for the implemen- 25 tation of this act on its effective date are authorized to be made on or 26 before such date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15260-01-4