Bill Text: NY S00592 | 2017-2018 | General Assembly | Introduced

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

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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 2-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO HEALTH [S00592 Detail]

Download: New_York-2017-S00592-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           592
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to the  establishment
          of  a  letter  grading system to classify inspection results for push-
          carts in cities having a population of two 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. Food pushcart service grading system; cities of two  million
     4  or  more.  1.    The  commissioner  shall establish a system for grading
     5  inspection results for mobile food service establishments and  pushcarts
     6  as  defined  in the state sanitary code, operated in cities with a popu-
     7  lation of two million or more.
     8    2.  Such system shall use and post letters A, B or C to  identify  and
     9  represent  such  grading  and classification with all other lower grades
    10  being deemed to be failing grades. In establishing such system of  grad-
    11  ing,  the  commissioner  shall  take into account the provisions of this
    12  title and the provisions of the sanitary code  to  establish  a  grading
    13  system  that reflects the safety and sanitation of the premises and food
    14  handling practices to ensure compliance  with  state  and  local  health
    15  laws.
    16    3.    Each  such  mobile  food service establishment or pushcart shall
    17  conspicuously post at the point of sale the letter grade identifying and
    18  representing the result  of  such  establishment's  or  pushcart's  most
    19  recently  graded  inspection  by  the local health officer or the entity
    20  responsible for such inspection. Such posting shall be done  in  accord-
    21  ance  with  rules  and regulations promulgated by the commissioner.  For
    22  any mobile public food service establishment  or  pushcart  receiving  a
    23  grade  lower than "A", the local health officer or the entity performing
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00090-01-7
        S. 592                              2
     1  the inspection shall advise the establishment or pushcart of  its  grade
     2  and  the findings upon which such grade is based. The local health offi-
     3  cer or the entity which performed the initial inspection shall conduct a
     4  subsequent  inspection  of such mobile public food service establishment
     5  or pushcart no sooner than seven days, nor later  than  twenty-one  days
     6  after  the inspection at which the grade was given.  In the interim, the
     7  previous letter grade shall remain posted.  Upon the conclusion  of  the
     8  subsequent inspection, the local health officer or the entity performing
     9  the  inspection  shall  deliver for posting a letter grade to the mobile
    10  public food service establishment or pushcart which indicates the  grade
    11  for  such inspection.  In addition to a letter grade, such establishment
    12  or pushcart shall receive the findings upon which such grade  is  based.
    13  The mobile public food service establishment or pushcart may appeal such
    14  subsequent  assignment of a letter grade designation to the commissioner
    15  for review within thirty days of such assignment. While any such  appeal
    16  is pending, a mobile public food service establishment or pushcart shall
    17  post the letter grade that is being appealed.
    18    4.  The  suggested interval between regularly scheduled inspections of
    19  mobile public food  service  establishments  and  pushcarts  may  be  as
    20  follows:
    21    (a)  for  establishments  and  pushcarts with a grade of "A", at least
    22  once every year;
    23    (b) for establishments and pushcarts with a grade  of  "B",  at  least
    24  once every nine months; and
    25    (c)  for  establishments  and  pushcarts with a grade of "C", at least
    26  once every three months.
    27    A mobile public food service establishment or pushcart that requests a
    28  reinspection from the local health officer or the entity responsible for
    29  such inspections, shall pay the department a fee of up  to  two  hundred
    30  fifty  dollars.  Provided, however, that the provisions of this subdivi-
    31  sion shall not negate the ability of any local  health  officer  or  the
    32  entity  responsible  for  such  inspections to inspect any mobile public
    33  food service establishment or pushcart on the basis of a complaint  from
    34  a member of the public.
    35    5.  The  provisions  of  this section shall not apply to mobile public
    36  food service establishments or pushcarts which are sponsored by a chari-
    37  table organization to operate a  soup kitchen or other food distribution
    38  program for the elderly, low income  individuals  and  families  or  the
    39  infirm.
    40    6.  No provision of this section shall be deemed to diminish or other-
    41  wise change any power or duty of any state agency or authority.
    42    § 2. This act shall take effect one year after it shall have become  a
    43  law.  Provided, however, that effective immediately, any rules and regu-
    44  lations necessary to implement the provisions of this act on its  effec-
    45  tive  date are authorized and directed to be completed on or before such
    46  date.