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RESTAURANTS and FOOD ALLERGIES
What's New?
Legislation in Massachusetts (S.136)
designed to promote
food allergy awareness among restaurants has taken a positive step forward!
S.136 was approved by the Public Health Committee on January 31st, and
will next be considered by the Health Care Finance Committee.
S.136 ,
calls for:
- the prominent display of a food allergy awareness poster in the restaurant staff area;
- a notice on menus of the customer’s obligation to inform the server about any food allergies; and
- a food allergy training requirement for food protection managers and persons in charge of restaurants.
To help pass S.136, we ask that you send an email of support to
your local Senator. If you don't know who your local Senator is, you
can visit the
Massachusetts legislative website, and click on "By city/town" under
the word "Legislators".
The Governor of New York has signed a new law (Chapter 635, Laws of New York, 2007)
that calls on food service establishments (including restaurants, bars, and private clubs)
to have at least one person on staff who is trained and certified in multiple food safety
topics, including food allergies.
In Pennsylvania, HB 1626 would require restaurant certification exams to include a training component
on food allergies, including the nature of food allergies, how to avoid cross-contact during food preparation,
and how to respond to customer inquiries relating to food allergies. The food allergy training, which would be
carried out by the Pennsylvania Department of Health, will consist of a video along with approved written materials.
If you live in Pennsylvania, please contact your State Representative and express support for this
important legislation. To find contact information for your PA Representative, visit www.house.state.pa.us and utilize
the "Find Members By" feature in the upper right hand corner.
Another bill in Pennsylvania, HB 1089, calls for allergy information to be posted in food preparation areas,
and requires employees to receive food allergy training.
In Michigan, HB 4400
would require restaurants to post an "allergy warning" on its menus and/or
tables, and would make food allergy training materials available to restaurant owners and local health departments.
In New York, AB 5086 calls on the NY Commissioner of Public Health to approve food allergy
educational materials for restaurant proprietors and employees.
Food Code Revisions
The newly released edition of the FDA’s Food Code now contains a definition
for “major food allergen” consistent with the Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004.
The Code now requires that the person in charge of a food establishment must demonstrate knowledge of these major food allergens.
The Food Code, which is revised every four years, acts as model food safety guidelines for retail food operations
and institutions. Local, state, and federal regulators use the Code as a model to develop or update their own food
safety rules, which promotes uniformity across the nation.
Public Information Campaign in New Jersey
A law passed in New Jersey in 2005 (P.L.2005, c.26) created the
"Ask Before You Eat / Know Before You Serve" public information campaign,
designed to inform New Jersey restaurants about food allergies and anaphylaxis. The campaign is
currently being carried out by the Rutgers University Department of Nutritional Sciences and Food Policy Institute,
along with the New Jersey Restaurant Association.
If you have any questions on legislation related to restaurants and food allergies, the FDA Food Code, or the New Jersey public information
campaign, please send an email to advocacy@foodallergy.org .
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