Bill Text: NY A03837 | 2023-2024 | 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) 2024-01-03 - referred to agriculture [A03837 Detail]

Download: New_York-2023-A03837-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3837

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- 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.
                                                                   LBD08814-01-3
        A. 3837                             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.