Bill Text: NY A00084 | 2009-2010 | General Assembly | Introduced

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Bill Title: Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A"; provisions do not apply to food establishments in cities having a population of one million or more.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-01-05 - referred to health [A00084 Detail]

Download: New_York-2009-A00084-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          84
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. PAULIN, CYMBROWITZ, HOOPER, PHEFFER -- read once
         and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to the  establishment
         of  a  letter grading system to classify inspection results for public
         food service establishments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  1352-d to read as follows:
    3    S 1352-D. PUBLIC FOOD SERVICE ESTABLISHMENT  GRADING  SYSTEM.  1.  THE
    4  COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
    5  PUBLIC  FOOD  SERVICE  ESTABLISHMENTS,  AS DEFINED IN THE STATE SANITARY
    6  CODE, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS, DINING  ROOMS,  DELIS,
    7  BAKERIES  OR  ANY OTHER PLACE WHERE FOOD IS PREPARED, SOLD OR SERVED FOR
    8  CONSUMPTION BY THE GENERAL  PUBLIC.  SUCH  SYSTEM  SHALL  USE  AND  POST
    9  LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLASSIFICA-
   10  TION  WITH  ALL OTHER LOWER GRADES BEING DEEMED TO BE FAILING GRADES. IN
   11  ESTABLISHING SUCH SYSTEM OF GRADING, THE COMMISSIONER  SHALL  TAKE  INTO
   12  ACCOUNT  THE PROVISIONS OF THIS TITLE AND THE PROVISIONS OF THE SANITARY
   13  CODE TO ESTABLISH A GRADING SYSTEM THAT REFLECTS THE SAFETY AND  SANITA-
   14  TION  OF  THE  PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
   15  WITH STATE AND LOCAL HEALTH LAWS.
   16    2. SUCH PUBLIC FOOD SERVICE  ESTABLISHMENT  SHALL  CONSPICUOUSLY  POST
   17  NEAR THE ENTRANCE TO SUCH ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND
   18  REPRESENTING  THE  RESULT  OF  SUCH ESTABLISHMENT'S MOST RECENTLY GRADED
   19  INSPECTION BY THE LOCAL HEALTH OFFICER. SUCH POSTING SHALL  BE  DONE  IN
   20  ACCORDANCE  WITH  RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
   21  FOR ANY FOOD SERVICE ESTABLISHMENT RECEIVING A GRADE LOWER THAN "A", THE
   22  LOCAL HEALTH OFFICER SHALL ADVISE THE ESTABLISHMENT OF ITS GRADE AND THE
   23  FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH OFFICER  SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00925-01-1
       A. 84                               2
    1  CONDUCT  A  SUBSEQUENT  INSPECTION OF SUCH FOOD SERVICE ESTABLISHMENT NO
    2  SOONER THAN SEVEN  DAYS,  NOR  LATER  THAN  TWENTY-ONE  DAYS  AFTER  THE
    3  INSPECTION  AT  WHICH THE GRADE WAS GIVEN.  IN THE INTERIM, THE PREVIOUS
    4  LETTER GRADE SHALL REMAIN POSTED.  UPON THE CONCLUSION OF THE SUBSEQUENT
    5  INSPECTION,  THE LOCAL HEALTH OFFICER SHALL DELIVER FOR POSTING A LETTER
    6  TO THE FOOD SERVICE ESTABLISHMENT WHICH INDICATES  THE  GRADE  FOR  SUCH
    7  INSPECTION.    IN  ADDITION  TO A LETTER GRADE, SUCH ESTABLISHMENT SHALL
    8  RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS BASED.   THE FOOD  SERVICE
    9  ESTABLISHMENT  MAY  APPEAL  SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE
   10  DESIGNATION TO THE COMMISSIONER FOR REVIEW WITHIN THIRTY  DAYS  OF  SUCH
   11  ASSIGNMENT.  WHILE ANY SUCH APPEAL IS PENDING, A FOOD SERVICE ESTABLISH-
   12  MENT SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
   13    3. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
   14  FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
   15    (A)  FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
   16  AND
   17    (B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE  EVERY  NINE
   18  MONTHS.
   19    A  FOOD  SERVICE  ESTABLISHMENT  THAT REQUESTS A REINSPECTION FROM THE
   20  LOCAL HEALTH OFFICER, SHALL PAY THE  DEPARTMENT  A  FEE  OF  UP  TO  TWO
   21  HUNDRED  FIFTY  DOLLARS.  PROVIDED  HOWEVER  THAT THE PROVISIONS OF THIS
   22  SUBDIVISION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL HEALTH OFFICER  TO
   23  INSPECT  ANY FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM
   24  A MEMBER OF THE PUBLIC.
   25    4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  FOOD  SERVICE
   26  ESTABLISHMENTS WHICH:
   27    (A)  ARE  PREMISES  LICENSED  FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC
   28  BEVERAGES PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS  THAN
   29  TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
   30  RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION;
   31    (B)  DO  NOT  ENGAGE  IN  THE  RETAIL  SALE OF FOOD FOR ON-PREMISES OR
   32  OFF-PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT;
   33    (C) ARE LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE;
   34    (D) ARE OPERATED IN OR BY A PRIMARY OR SECONDARY SCHOOL, OR A  CORREC-
   35  TIONAL FACILITY;
   36    (E)  ARE  SPONSORED  BY  A  CHARITABLE ORGANIZATION TO OPERATE A  SOUP
   37  KITCHEN OR OTHER FOOD DISTRIBUTION PROGRAM FOR THE ELDERLY,  LOW  INCOME
   38  INDIVIDUALS AND FAMILIES OR THE INFIRM; OR
   39    (F) ARE MOBILE FOOD VENDING UNITS, MOBILE FOOD VENDING COMMISSARIES OR
   40  TEMPORARY FOOD SERVICE ESTABLISHMENTS.
   41    S  2. This act shall take effect one year after it shall have become a
   42  law. Provided, however, that effective immediately, any rules and  regu-
   43  lations  necessary to implement the provisions of this act on its effec-
   44  tive date are authorized and directed to be completed on or before  such
   45  date.