New York Enacts Laws to Enhance Restaurant Health and Safety Standards

In late November, New York Gov. Kathy Hochul signed into law two bills that aim to protect restaurant patrons' health and safety.

Food Intolerance Notice Requirement

One new law will require the New York State Department of Health to add to its food allergy notice that it provides to food service establishments information about food intolerances, including procedures to be followed if a customer informs staff of a food intolerance, and procedures to be followed to prevent cross contact. Ch. 480 of 2024. All New York state restaurants and catering as well as online food ordering services will be required to post this revised notice in conspicuous locations accessible to all employees involved in food preparation. Further, each menu must either contain a notice advising customers to inform their server of any food intolerance or disclose food intolerance information of each prepared food item on the establishment's menu. The penalty for noncompliance will be $125 per violation and the law takes effect May 21, 2025.

Sanitary Grade Posting Requirement

A second new law will require any New York City food service establishment or third-party website that accepts food orders for delivery from customers via the internet or mobile app to conspicuously post on its website or mobile app a hyperlink to the New York City Health Department's food establishment lookup tool, which lists the most current sanitary inspection letter grade. Ch. 540 of 2024. The penalty for noncompliance will be $100 per violation. This new law will also apply to New York restaurants and third-party food delivery websites in municipalities outside of NYC if they have a local law or rule requiring the posting of sanitary inspection results. The new law takes effect March 25, 2025.