Bill Text: NY A06146 | 2017-2018 | General Assembly | Amended

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Bill Title: Directs the city department of health and mental hygiene to establish a grading system to classify the result of an inspection of mobile food service establishments and pushcarts in cities with a population over 1 million.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-18 - print number 6146a [A06146 Detail]

Download: New_York-2017-A06146-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6146--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 27, 2017
                                       ___________
        Introduced  by  M. of A. MOYA -- read once and referred to the Committee
          on Health -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
        AN  ACT to amend the public health law, in relation to the establishment
          of a letter grading system to classify inspection results  for  mobile
          food  service  establishments  and  pushcarts in cities having a popu-
          lation of one million or more
          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-f to read as follows:
     3    § 1352-f. Mobile  food  service  establishment  and  pushcart  grading
     4  system; cities of one million or more. 1.  For purposes of this section,
     5  the  terms "mobile food service establishment" and "pushcart" shall have
     6  the same definitions as provided in the  sanitary  code,  and  the  term
     7  "department" shall mean the department of health and mental hygiene of a
     8  city having a population of one million or more.
     9    2.  The  department shall establish and implement a system for grading
    10  and classifying inspection results for mobile  food  service  establish-
    11  ments  and  pushcarts.    Such  system shall use letters to identify and
    12  represent an establishment's and pushcart's degree  of  compliance  with
    13  the sanitary code and other applicable laws that require such establish-
    14  ments and pushcarts to operate in a sanitary manner so as to protect the
    15  public  health. The letter A shall be the grade representing the highest
    16  degree of compliance with such code and laws.
    17    3. The department shall advise each establishment or pushcart  of  the
    18  inspection grade received and shall provide the findings upon which such
    19  grade is based.
    20    4.  The  department  shall promulgate rules requiring each such mobile
    21  food service establishment and pushcart to conspicuously post the letter
    22  grade issued to the mobile food service establishment or pushcart by the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00090-12-7
        A. 6146--A                          2
     1  department. Such rules  may  require  that  each  permittee  enable  the
     2  department  to  identify  the  mobile  food  service establishment's and
     3  pushcart's location at the time the mobile food service establishment or
     4  pushcart  is  operating,  including electronically or by submission of a
     5  travel route by each such mobile food service establishment and pushcart
     6  to the department. Such rules may also require that a permit to  operate
     7  the  mobile  food service establishment or pushcart or a license to vend
     8  from such mobile food service establishment or pushcart may be suspended
     9  or permanently revoked after notice and an opportunity to be  heard  for
    10  failure to comply with rules regarding location tracking.
    11    5.  The  provisions  of  this section shall not apply to a mobile food
    12  service establishment or pushcart  that  is  operated  by  a  charitable
    13  organization  solely  to  distribute  food free of charge to the public,
    14  including but not limited to soup kitchens or  other  food  distribution
    15  programs for the elderly, veterans, low income individuals and families,
    16  or the disabled.
    17    6.  Nothing  in this section shall affect the authority of the depart-
    18  ment to take any other action necessary to protect the public health  or
    19  to  enforce the provisions of the sanitary code or any other law or rule
    20  applicable to the operation of a mobile food  service  establishment  or
    21  pushcart.
    22    §  2. This act shall take effect one year after it shall have become a
    23  law; provided, however, that effective immediately any rules  and  regu-
    24  lations  necessary to implement the provisions of this act on its effec-
    25  tive date are authorized to be promulgated and completed  on  or  before
    26  such date.