FOOD ALLERGY WARNING: INCLUDE ON MENU

House Bill 6020

Sponsor:  Rep. Barbara Farrah

Committee:  Regulatory Reform

Complete to 5-15-06

A SUMMARY OF HOUSE BILL 6020 AS INTRODUCED 4-24-06

The bill would propose two amendments to Section 2129 of the Food Law of 2000 (MCL 289.2129).  First, new subsection (6) would require the Department of Agriculture, not later than June 1, 2006, to recommend to license holders and local health departments food safety training materials regarding the federal Food Allergen Labeling and Consumer Protection Act of 2004.  The food safety training materials would have to be designed to address the needs and concerns of potential food-allergic consumers.

Secondly, new subsection (7) would require a food establishment, not later than June 1, 2006, to provide a notice on its selection information, i.e., menu, substantially similar to the following:

Allergy Warning:  If you have a food allergy, please notify your server and he or she will try to accommodate you."

The bill would define "selection information" to mean whatever consumers read to make their order selections, such as a menu, table tent, placard, chalkboard, or other written means.

FISCAL IMPACT:

The amendment reflected in new subsection (6) would result in an increase in department costs associated with identification and recommendation of food allergy training material.  The amount of that increase has not been determined at this time.  A detailed analysis of the department's food and dairy inspection program, including a discussion of consumer and food industry education programs, is found in the publication, Food and Dairy – Food Safety and Quality Assurance, available on the House Fiscal Agency's website at http://www.house.mi.gov/hfa/PDFs/food%20and%20dairy%20for%20web.pdf

The amendment reflected in new subsection (7) has no apparent fiscal impact.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   William Hamilton

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.