Bill Text: NY A04146 | 2017-2018 | General Assembly | Introduced

---

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 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to agriculture [A04146 Detail]

Download: New_York-2017-A04146-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4146
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced  by  M.  of  A.  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. Article 28 of the agriculture and markets law is renumbered
     2  article  26-C,  section  500 is renumbered section 420 and a new section
     3  421 is added to read as follows:
     4    § 421. Retail food store, food service establishment  and  food  ware-
     5  house  grading  system. 1. The commissioner shall establish a system for
     6  grading inspection results for retail food stores, food  service  estab-
     7  lishments and food warehouses, as defined in section four hundred twenty
     8  of  this  article.  Such  system shall use and post letters A, B or C to
     9  identify and represent such grading and classification  with  all  other
    10  lower  grades  being  deemed  to be failing grades. In establishing such
    11  system  of  grading,  the  commissioner  shall  take  into  account  the
    12  provisions  of  title eight of article thirteen of the public health law
    13  and the provisions of the sanitary code to establish  a  grading  system
    14  that  reflects the safety and sanitation of the premises and food handl-
    15  ing practices to ensure compliance with state and local laws.
    16    2. Such retail food stores, food service establishments and food ware-
    17  houses shall conspicuously post near the entrance to such  establishment
    18  the  letter grade identifying and representing the result of such estab-
    19  lishment's most recently graded inspection by the department. Such post-
    20  ing shall be done in accordance with rules and  regulations  promulgated
    21  by  the commissioner.  In addition to a letter grade, such establishment
    22  shall receive the findings upon which such grade is  based.  The  retail
    23  food store, food service establishment or food warehouse may appeal such
    24  subsequent  assignment of a letter grade designation to the commissioner
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04995-01-7
        A. 4146                             2
     1  for review within thirty days of such assignment. While any such  appeal
     2  is  pending,  the  retail food store, food service establishment or food
     3  warehouse shall post the letter grade that is being appealed.
     4    3.  The  suggested interval between regularly scheduled inspections of
     5  retail food stores, food service establishments and food warehouses  may
     6  be as follows:
     7    (a)  for establishments with a grade of "A", at least once every year;
     8  and
     9    (b) for establishments with a grade of "B", at least once  every  nine
    10  months.
    11    4.  A  retail food store, food service establishment or food warehouse
    12  that requests a reinspection from the department, shall pay the  depart-
    13  ment a fee of up to two hundred fifty dollars. Provided however that the
    14  provisions  of  this  subdivision  shall  not  negate the ability of any
    15  department to inspect a retail food store, food service establishment or
    16  food warehouse on the basis of a complaint from a member of the public.
    17    § 2. This act shall take effect two years after it shall have become a
    18  law.  Effective immediately, the addition, amendment  and/or  repeal  of
    19  any  rule  or regulation necessary for the implementation of this act on
    20  its effective date are authorized and directed to be made and  completed
    21  on or before such effective date.