[Adopted 11-21-2017 by L.L. No. 4-2018]
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Health
Services.
As defined in Article 13, § 760-1300(3)(X), of
the Suffolk County Sanitary Code, except this definition shall not
include food service operations at public and private schools of primary
and secondary education, colleges, summer camps, child-care facilities
and other child-care programs, institutional settings in which food
is prepared for a specific population and temporary food establishments
operated by nonprofit organizations.
A printed or pictorial display of a food item or items and
their price(s) that are available for sale from a food-service establishment,
including menus published on an establishment's website.
Any list or pictorial display of a food item or items and
their price(s) posted within or outside a food-service establishment.
Food-service establishments shall include on all menus and menu
boards a notice that reads: "Before placing your order, please inform
your server if a person in your party has a food allergy."
A.
The Commissioner of the Suffolk County Department of Health Services
shall establish a program for food-service establishments to be designated
as "Food Allergy Friendly" and shall maintain a listing of food-service
establishments receiving such designations on the Department of Health
Services' website.
B.
Participation in the program shall be voluntary.
C.
The Commissioner shall issue guidelines and requirements for food-service
establishments to receive such designations, provided that such requirements
to be designated as "Food Allergy Friendly" shall include, but not
be limited to, prominently displaying in the staff area a poster that
shall provide information regarding food allergy awareness, signs
of an allergic reaction, and instructions for responding to an allergic
reaction. The poster shall be developed by the Suffolk County Department
of Health Services and approved by the Commissioner.
A.
Any food-service establishment operator who violates the provisions of § 700-9 shall be subject to a civil penalty of not less than $50 nor more than $500 for each such violation.
B.
No civil penalty shall be imposed under this article until after
a hearing has been held, upon at least 15 days' notice, before
the Commissioner, or his designee. Such notice shall be served either
personally or by certified mail, return receipt requested, to the
address of the food-service establishment and shall state the date,
time and place of the hearing as well as enumerate the grounds constituting
the alleged violation by the operator. The food-service establishment
operator may produce witnesses on his or her own behalf. A record
of the hearing shall be taken and preserved. For the purpose of such
hearing, the Commissioner or his designee may administer oaths, subpoena
witnesses and compel the production of books, papers, records and
other documents deemed pertinent to the subject of the hearing.
