Michael Taylor
Google
I visited with my partner for a late lunch while shopping. When informed that one item from the prix fixe menu was unavailable—understandable—I was asked to choose a substitution. I requested the heirloom tomato salad.
However, the request was declined. I want to emphasize that my choice of substitute was not merely optional: I have a severe allergy to oysters. Under New York State Public Health Law § 1356, all food service establishments operating in the state are required to display, on each menu, a prominent notice such as “If you have a food allergy, please notify us.” Moreover, establishments must have procedures to accommodate customers who report food allergies—including altering dishes or substitutions to prevent allergic reactions .
NY Public Health Law § 1356:
Every restaurant must include a conspicuous allergy notification on their menus (e.g., “If you have a food allergy, please notify us.”)
Establishments are expected to follow protocols for handling allergy requests and preventing cross-contact, in accordance with guidelines made available by the Department of Health
Refusing my request under these circumstances—not only after an unavailable menu item, but also given my serious allergy—suggests a failure to follow required procedures and accommodate a customer in a potentially dangerous situation.