New York 2025-2026 Regular Session

New York Senate Bill S10116

Introduced
4/30/26  

Caption

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.

Impact

The introduction of this bill is expected to significantly impact state laws related to food safety and consumer protection. By establishing a clear requirement for allergen labeling, it aims to reduce the risks associated with food allergies, which can have serious health implications for affected individuals. Establishments that fail to comply with these new regulations could face civil penalties, thus introducing a layer of accountability and encouraging businesses to prioritize consumer safety.

Summary

Bill S10116 mandates that all food service establishments in New York provide clear and conspicuous labeling of major food allergens present in their menu items. The intent of this legislation is to enhance consumer safety by ensuring that individuals with food allergies are provided with critical information regarding the foods they consume. This bill covers physical menus as well as digital formats, requiring establishments to indicate allergens either with written statements or recognizable pictograms adjacent to each menu item.

Contention

While the bill has garnered support from advocates for public health and safety, it may face opposition from some food service businesses who might argue about the burden of compliance and potential liability issues. The requirement for labeling could be seen as an additional operational challenge, particularly for smaller establishments. The discussion surrounding the bill may center on balancing consumer safety with the economic realities faced by food service providers, leading to potential negotiations regarding the scope of the requirements and the penalties for non-compliance.

Companion Bills

NY A11072

Same As 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.

Previously Filed As

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 S3394

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

NY A4826

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

NY HB3446

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

NY HB4775

Food: service establishments; requirements for food allergy awareness; provide for. Amends secs. 2129, 6149 & 6152 of 2000 PA 92 (MCL 280.2129 et seq.).

NY HB2094

Relating to warning signs posted by certain food service establishments that prepare food items containing peanut products.

NY S03911

Prohibits public food service establishments operating in the state from providing excess food service items including single-use utensils, condiments, napkins and extra containers, to any customer except upon, and in accordance with, the express request of that customer.

NY A06949

Prohibits public food service establishments operating in the state from providing excess food service items including single-use utensils, condiments, napkins and extra containers, to any customer except upon, and in accordance with, the express request of that customer.

NY HB5402

Food: service establishments; per menu item allergy notice; provide for. Amends sec. 6101 of 2000 PA 92 (MCL 289.6101).

NY S07408

Requires food service establishments to permit the use of reusable beverage and food containers provided by customers when requesting a beverage refill or requesting leftovers from a partially consumed meal to be packaged and post signs to inform customers that they are permitted to do so.

Similar Bills

CA SB68

Major food allergens.

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

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.

IL SB1288

FOOD HANDLING-TRAINING

LA SB177

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

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.