N.Y. Agriculture & Markets Law Section 199-G
Allergen labeling for prepackaged foods

1.

As used in this section, the following terms shall have the following meanings:

(a)

“Prepackaged food” means food that is prepared, prepacked, and offered or sold to customers on the same premises. Prepackaged food does not include food that is not in packaging or is packaged after a customer has ordered.

(b)

“Food establishment” means any place where food is prepared and intended for consumption, including retail food stores, as defined in section five hundred of this chapter.

(c)

(i) “Major food allergen” means: (A) milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, and soybeans; and (B) a food ingredient that contains protein derived from a food named in clause (A) of this subparagraph.

(ii)

“Major food allergen” does not include: (A) any highly refined oil derived from a food specified in clause (A) of subparagraph (i) of this paragraph or any ingredient derived from such highly refined oil; or (B) any ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004, as amended.

2.

Every food establishment shall 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. Such label need not identify any ingredient that does not constitute a major food allergen under federal or state law. * NB Effective November 12, 2026

Source: Section 199-G — Allergen labeling for prepackaged foods, https://www.­nysenate.­gov/legislation/laws/AGM/199-G (updated Nov. 14, 2025; accessed Nov. 15, 2025).

198
Definitions 199
Application of article 199–A
Prohibition as to adulterated or misbranded food 199–B
Powers and duties of commissioner respecting food additives and color additives 199–C
Disposing of tainted food 199–D
Prohibition as to sulfites 199–E
Prohibition as to sale of irradiated foods 199–F
Food allergies and intolerances notice in food service establishments 199–G
Allergen labeling for prepackaged foods 200
Adulteration of food 201
Misbranding of food 201–A
Kosher food and food products 201–B
Retail sale of kosher food or food products 201–C
Persons certifying as kosher 201–D
Notice of violation 201–E
Halal food and food products 201–F
Retail sale of halal food or food products 201–G
Persons certifying as halal 201–H
Notice of violation 201–I
Misbranding of certain fish species 202
Unavoidable added poisonous or deleterious substances 202–A
False advertising 202–B
Seizure and quarantine 202–C
Proceedings to review, violations and remedies 203
Manufacture and sale of imitation maple, birch, walnut or beech sugar and syrup prohibited 204
Branding and labeling of maple, birch, walnut or beech sugar and syrup mixtures 204–A
Olive oil mixtures 204–B
Foods containing fats and/or oils 204–C
Prepared horseradish 204–D
Adulteration of natural fruit juices 205
Defining honey 206
Relative to selling a commodity in imitation or semblance of honey 207
Definition of vinegars and adulterated vinegars 208
Manufacture and sale of misbranded vinegar prohibited 209
Packages containing vinegar to be branded 210
Packaging in the shape of firearms 210–A
Pork processing 213
Repacking fruit and farm produce 214
Guaranty established 214–A
Samples 214–B
Regulations 214–C
No provisions contained in sections one hundred ninety-eight, one hundred ninety-nine, two hundred, two hundred one, two hundred two, two... 214–D
Legislative finding and declaration of policy 214–E
Temporary marketing and manufacturing permits 214–F
Temperature requirements for manufacture, transportation and storage of certain foods 214–G
Labeling of certain frozen foods 214–H
Unit pricing 214–J
Small quantities of fruits and vegetables 214–K
Sale and labeling of charcoal 214–L
Sale of talc coated rice prohibited 214–M
Labeling of certain food products 214–N
Treatment and sale of apple cider 214–O
Labeling requirements for fish wholesalers
Green check means up to date. Up to date

Verified:
Nov. 15, 2025

Last modified:
Nov. 14, 2025

§ 199-G. Allergen labeling for prepackaged foods's source at nysenate​.gov

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