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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2981--A
                                                                Cal. No. 32
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   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
       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    S 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,  IN THE NATURE OF INCIDENTAL REFRESHMENTS (SUCH
    7  AS BAKED GOODS, SANDWICHES, SNACKS AND PLATTERS) OR  THOSE  REQUIRED  BY
    8  THE  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.  ACTIV-
   17  ITIES OF FUNERAL ESTABLISHMENT EMPLOYEES SHALL BE LIMITED  TO  PREPARING
   18  SUCH  BEVERAGES  AND  SERVING  FOOD OR NONALCOHOLIC BEVERAGES UNDER THIS
   19  SECTION.
   20    NO ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF  ANY
   21  ALCOHOLIC BEVERAGE.  A FUNERAL ESTABLISHMENT SHALL NOT BE DEEMED TO BE A
   22  FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02784-04-5
       A. 2981--A                          2
    1    S 2. This act shall take effect one hundred eighty days after it shall
    2  have  become  a law, provided that the commissioner of health is author-
    3  ized and directed to make regulations and take other  actions  necessary
    4  to implement this act on that date.