Bill Text: NY A08008 | 2009-2010 | General Assembly | Amended


Bill Title: Directs the commissioner of health to establish and implement a uniform letter grading system to classify health inspection results for any place engaged in the preparation, sale or service of food for and to the general public in cities with a population of one million or more; directs the commissioner, upon establishment and implementation of such system, to require the display of any letter grade received pursuant to such system.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-05-11 - held for consideration in health [A08008 Detail]

Download: New_York-2009-A08008-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8008--C
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 1, 2009
                                      ___________
       Introduced  by  M.  of  A.  CYMBROWITZ -- Multi-Sponsored by -- M. of A.
         BRENNAN, PHEFFER -- read once and referred to the Committee on  Health
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted  to  said  committee  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the  Committee  on  Health  in  accordance  with
         Assembly Rule 3, sec. 2 -- 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  certain
         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, OR, WHERE APPLICABLE, THE LOCAL HEALTH OFFICER IN  A  CITY
    5  HAVING  A  POPULATION OF ONE MILLION OR MORE, SHALL ESTABLISH AND IMPLE-
    6  MENT A SYSTEM FOR GRADING AND CLASSIFYING INSPECTION RESULTS FOR  PUBLIC
    7  FOOD  SERVICE ESTABLISHMENTS, INCLUDING BUT NOT LIMITED TO, RESTAURANTS,
    8  DINING ROOMS, DELIS, BAKERIES OR ANY OTHER PLACE WHERE FOOD IS PREPARED,
    9  SOLD OR SERVED FOR CONSUMPTION BY THE GENERAL PUBLIC. SUCH SYSTEM  SHALL
   10  USE  LETTERS  TO IDENTIFY AND REPRESENT SUCH GRADING AND CLASSIFICATION.
   11  IN ESTABLISHING SUCH SYSTEM OF STANDARDS AND  GRADES,  THE  COMMISSIONER
   12  OR,  WHERE APPLICABLE, THE LOCAL HEALTH OFFICER OF A CITY HAVING A POPU-
   13  LATION OF ONE MILLION OR MORE SHALL TAKE INTO ACCOUNT THE PROVISIONS  OF
   14  THIS  TITLE, THE PROVISIONS OF THE SANITARY CODE AND PROVISIONS OF LOCAL
   15  ORDINANCES OR REGULATIONS TO ESTABLISH A GRADING  SYSTEM  THAT  REFLECTS
   16  THE SAFETY AND SANITATION OF THE PREMISES AND FOOD HANDLING PRACTICES TO
   17  ENSURE COMPLIANCE WITH STATE AND LOCAL HEALTH LAWS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02911-13-0
       A. 8008--C                          2
    1    2.  SUCH  PUBLIC  FOOD  SERVICE ESTABLISHMENT SHALL CONSPICUOUSLY POST
    2  NEAR THE ENTRANCE TO SUCH ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND
    3  REPRESENTING THE RESULT  OF  SUCH  ESTABLISHMENT'S  MOST  RECENT  GRADED
    4  INSPECTION.  SUCH  POSTING  SHALL  BE  DONE IN ACCORDANCE WITH RULES AND
    5  REGULATIONS  PROMULGATED  BY  THE COMMISSIONER. IN A CITY HAVING A POPU-
    6  LATION OF ONE MILLION OR MORE, SUCH LETTER GRADES  SHALL  BE  POSTED  IN
    7  ACCORDANCE WITH RULES PROMULGATED BY THE LOCAL HEALTH OFFICER.
    8    S  2. This act shall take effect one year after it shall have become a
    9  law. Effective immediately, the commissioner of  health  may  promulgate
   10  rules and regulations to implement this act prior to such date.
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