Bill Text: NY A08128 | 2011-2012 | General Assembly | Amended

---

Bill Title: Requires the department of health to post inspection results of public food service establishments on the department's website for the most recent three years; authorizes the establishment of a letter grading system to classify inspection results for public food service establishments; authorizes letter grading system to be posted on department's website; exemptions.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-06-05 - reported referred to ways and means [A08128 Detail]

Download: New_York-2011-A08128-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8128--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 2, 2011
                                      ___________
       Introduced by M. of A. PAULIN, GOTTFRIED, CYMBROWITZ, GALEF -- read once
         and  referred  to  the Committee on Health -- reported and referred to
         the Committee on Codes -- committee discharged, bill amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to amend the public health law, in relation to requiring public
         food service establishment inspection results  to  be  posted  on  the
         department  of health's website and authorizing the establishment of a
         letter grading system to classify inspection results
         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  INSPECTION  RESULTS.  1.
    4  (A)  THE  DEPARTMENT SHALL MAKE AVAILABLE ON ITS WEBSITE ALL PUBLIC FOOD
    5  SERVICE ESTABLISHMENT INSPECTION  RESULTS  FOR  THE  MOST  RECENT  THREE
    6  YEARS.
    7    (B) IF A COUNTY HEALTH DEPARTMENT MAINTAINS A WEBSITE, IT SHALL POST A
    8  LINK  TO  THE  DEPARTMENT'S WEBSITE WHERE THE FOOD SERVICE ESTABLISHMENT
    9  INSPECTION RESULTS ARE AVAILABLE.
   10    2.  (A)  THE  COMMISSIONER  SHALL  ESTABLISH  A  SYSTEM  FOR   GRADING
   11  INSPECTION  RESULTS FOR PUBLIC FOOD SERVICE ESTABLISHMENTS.  SUCH SYSTEM
   12  SHALL USE LETTERS A, B, C OR D TO IDENTIFY AND REPRESENT  SUCH  GRADING.
   13  IN ESTABLISHING SUCH SYSTEM OF GRADING, THE COMMISSIONER SHALL TAKE INTO
   14  ACCOUNT  THE PROVISIONS OF THIS TITLE AND THE PROVISIONS OF THE SANITARY
   15  CODE TO ESTABLISH A GRADING SYSTEM THAT REFLECTS THE SAFETY AND  SANITA-
   16  TION  OF  THE  PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
   17  WITH STATE AND LOCAL HEALTH LAWS.
   18    (B) THE DEPARTMENT MAY MAKE AVAILABLE ON ITS WEBSITE THE CORRESPONDING
   19  LETTER  IDENTIFICATION  FOR  ALL  PUBLIC  FOOD   SERVICE   ESTABLISHMENT
   20  INSPECTIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11506-05-1
       A. 8128--A                          2
    1    (C)  A  CITY  WITH A POPULATION OVER ONE MILLION OR A COUNTY, WITH ITS
    2  OWN HEALTH CODE OR SANITARY CODE, THAT ESTABLISHES, ENFORCES  AND  MAIN-
    3  TAINS  ITS OWN SYSTEM OF SCORING AND GRADING INSPECTIONS OF FOOD SERVICE
    4  ESTABLISHMENTS WITHIN  ITS  JURISDICTION  SHALL  BE  EXEMPTED  FROM  THE
    5  PROVISIONS OF THIS SECTION.
    6    S  2. This act shall take effect one year after it shall have become a
    7  law. Provided, however, that effective immediately, any rules and  regu-
    8  lations  necessary to implement the provisions of this act on its effec-
    9  tive date are authorized and directed to be completed on or before  such
   10  date.