HB 5902 — AN ACT REQUIRING FOOD ALLERGY AWARENESS IN RESTAURANTS.

Substitute House ofBill Representatives File No.

7975902 GeneralPublic AssemblyAct January Session, 2023(Reprint of File No.

303)23-115 SubstituteAN HouseACT BillREQUIRING No.FOOD ALLERGY AWARENESS IN RESTAURANTS.

5902 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 19, 2023 AN ACT REQUIRING FOOD ALLERGY AWARENESS IN RESTAURANTS.

(NEW) (Effective from passage) (a) Not later than December 1, 2023, the Department of Public Health shall develop or approve an informational poster regarding food allergies for display in class 2, class 3 and class 4 food establishments, as defined in section 19a-36g of the general statutes.

The poster shall contain information concerning (1) the most common allergy-causing foods, (2) the actions a server should take whena customer notifiestheserver that thecustomer hasafoodallergy, (3) the ways in which kitchen staff and servers can prevent cross contact sHB5902of /foods, Fileand No.(4) the need to contact the 911 emergency telecommunications number if a customer has an allergic reaction while on the premises of such food establishment.

797(b) sHB5902Not Filelater than March 1, 2024, (1) each class 2, class 3 and class 4 food establishment shall display the poster developed or approved pursuant to subsection (a) of this section in a clear and conspicuous manner in its kitchen or designated staff area, and (2) the certified food Substitute House Bill No.

7975902 protectionmanager,asdefinedinsection19a-36gofthegeneralstatutes, of foods,each class 2, class 3 and (4)class 4 food establishment shall ensure that each employee of the needfood toestablishment contacthas viewed the 911poster emergencyand telecommunicationsrequire numbereach ifemployee ato customerconfirm, in writing, that the employee has anfamiliarized allergichimself reactionor whileherself onwith the premisesinformation ofdisplayed suchin foodthe establishment.poster.

(b) Not later than March 1, 2024, (1) each class 2, class 3 and class 4 food establishment shall display the poster developed or approved pursuant to subsection (a) of this section in a clear and conspicuous manner in its kitchen or designated staff area, and (2) the certified food protectionmanager,asdefinedinsection19a-36gofthegeneralstatutes, of each class 2, class 3 and class 4 food establishment shall ensure that each employee of the food establishment has viewed the poster and require each employee to confirm, in writing, that the employee has familiarized himself or herself with the information displayed in the poster.

ThisApproved actJune shall27, take2023 effectPublic asAct followsNo. and shall amend the following sections:

Section23-115 12 Julyof 1,2 2023 New section Sec.

2 from passage New section Sec.

3 from passage New section sHB5902 / File No.

797 sHB5902 File No.

797 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill as amended establishes certain requirements of class 2, 3, and food establishments and the Department of Public Health, which are not anticipated to result in a fiscal impact to the State or municipalities.

House "A" struck the language of the underlying bill and replaced it with language resulting in no fiscal impact the State or municipalities.

The Out Years State Impact:

None Municipal Impact:

None sHB5902 / File No.

797 sHB5902 File No.

797 OLR Bill Analysis sHB 5902 (as amended by House "A")* AN ACT REQUIRING FOOD ALLERGY AWARENESS IN RESTAURANTS.

SUMMARY This billestablishesrequirementsonfoodallergy awarenessfor Class 2, 3, and 4 food establishments and the certified food protection managers they employ.

It requires the Department of Public Health (DPH), by December 1, 2023, to develop or approve an informational poster on food allergies for display in these food establishments.

The poster must contain information on the (1) most common allergy-causing foods, (2) actions a server shouldtake whenacustomer notifiesthem aboutafoodallergy, (3) ways the kitchen staff and servers can prevent cross-contact of foods, and (4) need to contact 9-1-1 if a customer has an allergic reaction at the establishment.

By March 1, 2024, food establishments must display this informationalposterinaclearandconspicuousmannerintheirkitchens or designated staff areas.

Also by this date, certified food protection managers must ensure that each employee views the poster and confirms, in writing, that he or she is familiar with its contents.

Under the bill, failing to display the poster is grounds for an inspection violation by the local health director.

Additionally, the bill requires these food establishments, by January 1, 2025, to post in a clear and conspicuous manner on their menus and menu boards, a request that customers notify their server about any food allergies they have before placing an order.

sHB5902 / File No.

797 4 sHB5902 File No.

797 Lastly, the bill requires the DPH commissioner, by February 1, 2024, to report to the Public Health Committee on the department’s progress in implementing the state food code’s allergy training requirements (see BACKGROUND).

*House Amendment “A” replaces the underlying bill and removes provisions requiring (1) certified food protection managers and their staff to complete required food allergy awareness training by a certain date, (2) food establishments to keep related training records and local health departments to post them online with the establishment’s inspection scores, and (3) food establishments to implement procedures for informing customers about the presence of major food allergens in menu items.

EFFECTIVE DATE:

Upon passage, except the provision requiring food establishments to request that customers notify them about food allergies takes effect July 1, 2023.

BACKGROUND Classification of Food Establishments By law, there are four classifications of food establishments based on (1) the types of food offered;