New York 2025-2026 Regular Session

New York Senate Bill S05381

Introduced
2/21/25  

Caption

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.

Summary

Bill S05381 aims to enhance consumer safety by mandating that all food establishments in New York label prepackaged foods with clear notifications regarding major food allergens. The bill defines 'prepackaged food' as items that are prepared and sold on the same premises, and outlines the specific allergens that must be identified, including milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, and soybeans. The labeling requirement is intended to help individuals with food allergies make informed choices and avoid potentially harmful ingredients.

Impact

If enacted, this bill will amend both the public health law and the agriculture and markets law in New York, establishing a statewide standard for allergen labeling on prepackaged foods. This change will affect all food establishments, including delis, bakeries, and food trucks, requiring them to comply with the new labeling requirements. The bill aligns with federal regulations while providing additional clarity and safety for consumers with food allergies.

Sentiment

The sentiment surrounding Bill S05381 appears to be generally positive, as it addresses a critical public health issue related to food allergies. Discussions indicate a recognition of the importance of clear labeling for consumer safety, although specific concerns or opposition have not been documented in the available transcripts or voting history.

Contention

While there is broad support for improving allergen labeling, some points of contention may arise regarding the implementation timeline and the potential burden on small food establishments to comply with the new labeling requirements. Stakeholders in the food industry may express concerns about the costs associated with updating packaging and training staff on the new regulations.

Companion Bills

NY A06558

Same As 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.

Previously Filed As

NY A06558

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.

NY A06694

Requires food products using ingredients classified as major food allergens to be labelled or branded as such; requires food sellers to provide written notice to stores for food labels containing new ingredients classified as major food allergens; requires such foods are labeled or branded as such by a food seller until such food has appropriately labeled packaging.

NY SB2395

Food labeling; require disclosure of certain ingredients on food packaging and provide consumer notice disclaimer.

NY SB68

Major food allergens.

NY HB2710

Food packaging, certain; uniform labeling requirements.

NY S10116

Requires food service establishments to provide clear notice to customers of major food allergens that are contained in any menu item of such food service establishment.

NY A11072

Requires food service establishments to provide clear notice to customers of major food allergens that are contained in any menu item of such food service establishment.

NY A4826

Requires food service businesses to provide written notice of major food allergens in each menu item.

NY S3394

Requires food service businesses to provide written notice of major food allergens in each menu item.

NY A3131

Requires labeling of over-the-counter and prescription drugs containing major food allergen or gluten-containing grain.

Similar Bills

CA SB68

Major food allergens.

WI SB786

Food allergen training and certificates of food protection practices, rules addressing food allergens, and granting rule-making authority. (FE)

NJ S3394

Requires food service businesses to provide written notice of major food allergens in each menu item.

NJ A4826

Requires food service businesses to provide written notice of major food allergens in each menu item.

MO HB3446

Requires restaurants to notify consumers of major food allergens for their menu items

WV SB176

Relating to food allergen awareness in food service establishments

KS HB2199

Authorizing the Kansas state employees health care commission to provide insurance coverage for certain allergen introduction dietary supplements for infants under the state health care benefits program and requiring the commission to submit an impact report to the legislature if such coverage is provided.

LA SB177

Provides relative to food allergen awareness. (8/1/25) (OR NO IMPACT See Note)