Bill Text: NY A01525 | 2025-2026 | General Assembly | Introduced

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Bill Title: Directs the department of agriculture and markets to establish a grading system for retail food stores, food service establishments and food warehouses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-01-10 - referred to agriculture [A01525 Detail]

Download: New_York-2025-A01525-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1525

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 10, 2025
                                       ___________

        Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. SIMON
          -- read once and referred to the Committee on Agriculture

        AN  ACT  to amend the agriculture and markets law, in relation to estab-
          lishing a grading system for retail food stores, food  service  estab-
          lishments and food warehouses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 501 to read as follows:
     3    §  501.  Retail  food store, food service establishment and food ware-
     4  house grading system. 1. The commissioner shall establish a  system  for
     5  grading  inspection  results for retail food stores, food service estab-
     6  lishments and food warehouses, as defined in  section  five  hundred  of
     7  this  article. Such system shall use and post letters A, B or C to iden-
     8  tify and represent such grading and classification with all other  lower
     9  grades being deemed to be failing grades. In establishing such system of
    10  grading,  the  commissioner  shall  take  into account the provisions of
    11  title eight of article  thirteen  of  the  public  health  law  and  the
    12  provisions  of  the  sanitary  code  to  establish a grading system that
    13  reflects the safety and sanitation of the  premises  and  food  handling
    14  practices to ensure compliance with state and local laws.
    15    2. Such retail food stores, food service establishments and food ware-
    16  houses  shall conspicuously post near the entrance to such establishment
    17  the letter grade identifying and representing the result of such  estab-
    18  lishment's most recently graded inspection by the department. Such post-
    19  ing  shall  be done in accordance with rules and regulations promulgated
    20  by the commissioner.  In addition to a letter grade, such  establishment
    21  shall  receive  the  findings upon which such grade is based. The retail
    22  food store, food service establishment or food warehouse may appeal such
    23  subsequent assignment of a letter grade designation to the  commissioner
    24  for  review within thirty days of such assignment. While any such appeal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04441-01-5
        A. 1525                             2

     1  is pending, the retail food store, food service  establishment  or  food
     2  warehouse shall post the letter grade that is being appealed.
     3    3.  The  suggested interval between regularly scheduled inspections of
     4  retail food stores, food service establishments and food warehouses  may
     5  be as follows:
     6    (a)  for establishments with a grade of "A", at least once every year;
     7  and
     8    (b) for establishments with a grade of "B", at least once  every  nine
     9  months.
    10    4.  A  retail food store, food service establishment or food warehouse
    11  that requests a reinspection from the department, shall pay the  depart-
    12  ment a fee of up to two hundred fifty dollars. Provided however that the
    13  provisions  of  this  subdivision  shall  not  negate the ability of any
    14  department to inspect a retail food store, food service establishment or
    15  food warehouse on the basis of a complaint from a member of the public.
    16    § 2. This act shall take effect two years after it shall have become a
    17  law.  Effective immediately, the addition, amendment  and/or  repeal  of
    18  any  rule  or regulation necessary for the implementation of this act on
    19  its effective date are authorized to be made and completed on or  before
    20  such effective date.