Bill Text: NY A02981 | 2015-2016 | General Assembly | Amended

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Bill Title: Permits food service in funeral establishments subject to certain restrictions and qualifications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-07-21 - signed chap.101 [A02981 Detail]

Download: New_York-2015-A02981-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2981--B
                                                                Cal. No. 136
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2015
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health -- passed by Assembly and delivered to the Senate,
          recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
          reprinted,  retaining  its  place  on  the  order  of third reading --
          advanced to a third reading, amended and ordered reprinted,  retaining
          its place on the order of third reading
        AN  ACT  to  amend the public health law, in relation to food service in
          funeral 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  3444 to read as follows:
     3    § 3444. Food service in funeral establishments. (a) A  funeral  estab-
     4  lishment  may  provide  space, facilities, equipment or supplies for the
     5  preparation, sale, service,  distribution  or  consumption  of  food  or
     6  nonalcoholic  beverages,  limited  to  incidental  refreshments (such as
     7  baked goods, sandwiches, snacks and platters) or those required  by  the
     8  religious  practices  of  the  deceased  person or the deceased person's
     9  family, in the funeral establishment to or by  persons  in  the  funeral
    10  establishment for the purpose of arranging for, attending or participat-
    11  ing  in  the  care  and  preparation  of a body of a deceased person for
    12  disposition, mourning, a funeral or memorial ceremony or service, or  an
    13  open house or similar community function that is related to the business
    14  of funeral directing.
    15    (b) Activities under this section may include the services of a cater-
    16  er not owned by or affiliated with the funeral establishment. Activities
    17  of funeral establishment employees or catering employees shall be limit-
    18  ed  to  (i)  preparing  such  beverages and (ii) serving such incidental
    19  refreshments or nonalcoholic beverages under this section.
    20    No activities under this section shall include the consumption of  any
    21  alcoholic  beverage.  Notwithstanding  the provisions of this section, a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02784-06-6
        A. 2981--B                          2
     1  funeral establishment shall not operate as a food service  establishment
     2  or caterer.
     3    § 2. This act shall take effect one hundred eighty days after it shall
     4  have  become  a law, provided that the commissioner of health is author-
     5  ized and directed to make regulations and take other  actions  necessary
     6  to implement this act on that date.