New Law Protects Customers from Murderous Restaurateurs, Peanuts

death peanutA new Massachusetts law sponsored by the marvelously named state Sen. Cynthia Stone Creem (D-Middlesex and Norfolk) aims to protect food allergy sufferers from the scourge of restaurants keen to kill their customers, and restaurants from the scourge of allergic customers keen to kill themselves.

In addition to basic awareness-raising poster and video mandates, the law contains this forehead-slappingly stupid requirement:

Every person licensed as an innholder or common victualer, when serving food, shall…include on all menus a notice to customers of the customer’s obligation to inform the server about any food allergies.

That’s right: The law requires restaurants to use their menus to remind people whose throats will close up upon encountering a peanut to ask if there’s any peanuts in their food. Really? We needed Sen. Stone Creem to make that conversation happen?

The law graciously allows restaurants until January 1, 2010, to add the warning sentence to their menus. Meanwhile, allergy sufferers will likely be dying in droves, without that vital reminder to ask if the food they’re about to eat will kill them.

There’s also a voluntary program where restaurants can create a book with all the ingredients they use in every dish and thus be certified “Food Allergy Friendly.” Hilarious syntax aside—are the restaurants pro-allergy?—this program is a classic example of legislation that need not be. If restaurants want to make their ingredients list available and advertise that to allergy sufferers, more power to them. In fact, Chef Ming Tsai of Blue Ginger, who has been pushing this legislation for years, already does this at his restaurant.

***

My former boss and New York Times science columnist John Tierney like to tell this tale of pro-regulation bias in the media:

I once sat in on a newspaper story conference the day after an armored-car company was robbed of millions of dollars bound for banks. The first idea that came up for a follow-up story was: Does this robbery show the need for stricter regulation of armored-car companies?

We kicked this idea around until I suggested that companies in the business of transporting cash already had a fairly strong incentive not to lose it—presumably an even stronger incentive than any government official regulating their security arrangements. That story idea died, but not the mind-set that produced it.

This goes double for legislators.

Via Mike Riggs

Cross-posted at Reason.com

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  • wickedorchid
    This is a real hot button in Mass. A few years ago a woman died eating at Bertucci's because the waitress didn't realize that there were pine nuts in pesto. Plus Ming has really been lobbying for this kind of regulation also. Massachusetts is not a place for the funloving, devil be damned I'm going ot hell in a fast car personality. That state was an early one to ban smoking, abolish happy hours (bastards) and are about to tax people based on how many miles they drive. That's why I moved to happy hour loving, smoke 'em if you got 'em kids, we're off to have drinks at Paradise lakes nudist colony Sarasota, FL!!!!
  • BADKarma
    Every time I think the Food Nannies have reached the lowest possible depth of totalitarian, patronizing absurdity, they prove me wrong...

    What, exactly, will this new piece of moronic tripe accomplish, besides increasing the operating expenses of every restaurant in Massachusettes? (Oh, yeah, and giving trial lawyers yet another avenue by which to sue food choice out of existence?).

    Is anyone else as sick to death as I am of these self-righteous, sneering, superioristic jackasses treating every adult in the U.S. like a retarded four-year-old?
  • teqjack
    This is hopefully just an attempt to kill some frivilous lawsuits of the I-nearly-died-from-lobster --- well-why-did-you-eat-it-from-your-date's-plate genre.

    I do not, and would not want to, tell servers or other staff why I do not order certain foods. I have an allergy to - wait for it - peas. Not peanuts, peas. Actually, just about anything green, but the reaction varies with those oh-so-healthy and ubiquitous thingies the worst.

    I get the cccasional "Huh?" look when I take lettuce off a sandwich. But I rarely order a sandwich that normally has lettuce, or meals that normally contain peas/spinach/greenbeans/whatever: now this legislator wants me to announce, EVERY TIME I EAT OUT, that I am allergic to certain things I will not be [knowingly] ordering? I am not allergic to, but do not care for, raw oysters: should I announce this, too, at Burger King?
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