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REFERENCE TITLE: restaurants; allergy awareness requirements |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012 |
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SB 1278 |
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Introduced by Senators Lopez, Landrum Taylor: Jackson
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AN ACT
Amending title 36, chapter 1, article 2, Arizona Revised Statutes, by adding section 36-144; relating to the department of health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 36-144, to read:
36-144. Restaurants; allergy awareness; notice requirements; training; civil penalty
A. Pursuant to rules adopted by the department, each restaurant must:
1. Prominently display a poster regarding food allergies and the health risks of an allergic reaction to food in the main restaurant staff area. The department shall prescribe the content, size and style of the poster in consultation with a restaurant association in this state and a food allergy and anaphylactic network.
2. Include on all menus a notice of the customer's obligation to inform the server about any food allergies. The department shall develop and approve the language of the notice in consultation with a restaurant association in this state and a food allergy and anaphylactic network.
B. Pursuant to rules adopted by the department, the manager or owner of a restaurant must view a video regarding the relevant issues concerning food allergies as they relate to food preparation. The department shall develop the video in collaboration with a restaurant association in this state and a food allergy and anaphylactic network in this state.
C. The department shall develop a voluntary process for restaurants to be designated by the department as food allergy friendly and shall maintain on its website a list of restaurants receiving this designation. The department, in consultation with a restaurant association in this state and an Arizona food allergy and anaphylactic network, shall issue guidelines and requirements for restaurants to receive this designation. These requirements must include, at a minimum, making available to the public a master list of all ingredients used in the preparation of each food item available for consumption.
D. The department may impose a civil penalty as prescribed by the department by rule for a violation of the notification requirements of this section.
E. This section does not establish or change any private cause of action.
On or before November 15, 2014, the department of health services shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives regarding the effectiveness of the allergy awareness requirements of section 36-144, Arizona Revised Statutes, as added by this act, and any recommendations for legislative changes. The department shall provide a copy of this report to the secretary of state.