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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         592--A
                               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  --  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 term "commissioner" shall mean the commissioner of health and mental
     6  hygiene  of  a  city having a population of one million or more, and the
     7  term "department" shall mean the department of health and mental hygiene
     8  of a city having a population of one million or more.
     9    2. The commissioner shall establish a system  for  grading  inspection
    10  results  for mobile food service establishments and pushcarts as defined
    11  in the state sanitary code.
    12    3. Such system shall use and post letters A, B or C  to  identify  and
    13  represent  such  grading  and classification with all other lower grades
    14  being deemed to be failing grades. The department shall issue  a  letter
    15  grade  for  a  mobile  food  services establishment or pushcart for that
    16  cycle after any hearing or dispute regarding such scoring  is  resolved.
    17  In  establishing  a  system of grading, the commissioner shall take into
    18  account the provisions of this title and the  provisions  of  the  state
    19  sanitary code to establish a grading system that reflects the safety and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00090-02-7
        S. 592--A                           2
     1  sanitation of the premises and food handling practices to ensure compli-
     2  ance with state and local health laws.
     3    4.  Each  such  mobile  food  service  establishment or pushcart shall
     4  conspicuously post at the point of sale the letter grade identifying and
     5  representing the result of such recently graded inspection of the estab-
     6  lishment or pushcart by the department. Such posting shall  be  done  in
     7  accordance  with  rules and regulations promulgated by the commissioner.
     8  The department shall advise each establishment and pushcart of its grade
     9  and provide the findings upon which such grade is based. The mobile food
    10  service establishment or pushcart must post the letter grade unless  the
    11  establishment  or  pushcart  has  filed  an appeal with the commissioner
    12  within seven days of receiving the letter grade.
    13    5. The department shall conduct a subsequent inspection of such mobile
    14  food service establishment or pushcart no sooner than fourteen days, nor
    15  later than thirty days after the inspection at which the grade was given
    16  if the mobile food service establishment or pushcart received a  failing
    17  grade.  In  the  interim,  the previous letter grade shall remain posted
    18  unless an appeal is pending by the mobile food service establishment  or
    19  pushcart.  Upon the conclusion of the subsequent inspection, the depart-
    20  ment shall deliver for posting a letter grade to the mobile food service
    21  establishment or pushcart which indicates the grade for such inspection,
    22  and the department shall provide the findings upon which  the  grade  is
    23  based.
    24    6.  The  mobile  food service establishment or pushcart may appeal the
    25  subsequent assignment of a letter grade designation to the  commissioner
    26  for  review  within  seven  days  of such assignment. During the time at
    27  which the appeal is pending, the mobile food  service  establishment  or
    28  pushcart  shall  not  be required to post the letter grade that is being
    29  appealed.
    30    7. The suggested interval between regularly schedules  inspections  of
    31  mobile food service establishments and pushcarts may be as follows:
    32    (a)  For  establishments  and  pushcarts with a grade of "A", at least
    33  once every year;
    34    (b) For establishments and pushcarts with a grade  of  "B",  at  least
    35  once every nine months; and
    36    (c)  For  establishments  and  pushcarts with a grade of "C", at least
    37  once every three months.
    38    8. A mobile food service establishment or  pushcart  that  requests  a
    39  reinspection from the department shall pay the department a fee of up to
    40  two  hundred  fifty  dollars,  provided, however, that the provisions of
    41  this subdivision shall not negate  the  ability  of  the  department  to
    42  inspect  any  mobile food service establishment or pushcart on the basis
    43  of a complaint from a member of the public.
    44    9. The provisions of this section shall not apply  to  a  mobile  food
    45  service  establishment  or  pushcart  which is sponsored by a charitable
    46  organization to operate  a  soup  kitchen  or  other  food  distribution
    47  program  for the elderly, veterans, low income individuals and families,
    48  or the disabled.
    49    § 2. This act shall take effect on the ninetieth day  after  it  shall
    50  have  become  a  law;  provided, however, that effective immediately any
    51  rules and regulations necessary to implement the provisions of this  act
    52  on  its effective date are authorized to be promulgated and completed on
    53  or before such date.