N.Y.
Public Health Law Section 1357
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 food is prepared and intended for off-premises consumption, including all delis, bakeries, sandwich shops, ice cream parlors, cafeterias and food trucks operating within the state.(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 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 1357 — Allergen labeling for prepackaged foods, https://www.nysenate.gov/legislation/laws/PBH/1357 (updated Nov. 14, 2025; accessed Nov. 15, 2025).
