2012 -- H 7595 SUBSTITUTE A AS AMENDED
A N A C T
RELATING TO HEALTH AND SAFETY - FOOD ALLERGY AWARENESS IN
Introduced By: Representatives Jackson, Martin, and Ruggiero
Date Introduced: February 16, 2012
It is enacted by the General Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby
amended by adding thereto the following chapter:
FOOD ALLERGY AWARENESS IN FOOD-SERVICE ESTABLISHMENTS
23-20.12-1. Definitions. – When used in this chapter, the following words shall have the
(1) “Director” means the director of health or his or her duly appointed agents.
(2) “Food service
establishment” shall have the meaning set forth in
laws subsection 21-27-1(9).
(3) "Quick Service Restaurant" means any food service establishment that delivers food
through a drive-thru window.
23-20.12-2. Department of Health – Establishment of Food Allergy Awareness
Program. – The director of health shall establish a food allergy awareness program which shall
require that every food-service establishment shall: (1) Have prominently displayed a poster
approved by the director relative to food allergy awareness in the staff area. The poster shall
provide, but not be limited to, information regarding the risk of an allergic reaction and shall be
developed by the department of health in consultation with the
association, the food allergy and anaphylaxis-network and at least one representative from a quick
service restaurant; (2) Include on all menus a notice to customers of the customer’s obligation to
inform the server about any food allergies. The director shall develop and approve the language
of the notice in consultation with the
anaphylaxis-network and at least one representative from a quick service restaurant; and (3)
Designate a manager who shall be knowledgeable with regard to the relevant issues concerning
food allergies as they relate to food preparation. The director shall prepare and provide both
written and video materials for mandatory review by persons designated as managers of any food-
service establishment, or the persons designated as managers shall be certified by a food
protection manager certification program that is evaluated and listed by a conference for food
protection-recognized accrediting agency as conforming to the conference for food protection
standards for accreditation of food protection manager certification programs. The department of
health shall include knowledge of food allergy issues as part of the certification procedure for
managers in food safety pursuant to chapter 21-27 of the
23-20.12-3. Rules and Regulations. – The director shall adopt rules and regulations
relating to the administration and enforcement of this chapter.
23-20.12-4. “Food Allergy Friendly” designation. – The director shall develop a
program for food-service establishments to be designated as “Food Allergy Friendly” and shall
maintain a listing of food-service establishments receiving such designation on the department of
health’s website. Participation in the program shall be voluntary and the director shall, in
consultation with the
network, issue guidelines and requirements for food-service establishments to receive such
designation, provided that such requirements shall include, but not be limited to, maintaining on
the premises, and making available to the public, a master list of all the ingredients used in the
preparation of each food item available for consumption.
23-20.12-5. Enforcement. – The director of health, or the director’s authorized agents,
shall enforce the provisions of this chapter.
SECTION 2. This act shall take effect upon passage.