Bill Text: NY A04686 | 2015-2016 | General Assembly | Introduced

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

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Bill Title: Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a mobile public food service establishment or pushcart in cities with a population of two million or more; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 0000-00-00 - [A04686 Detail]

Download: New_York-2015-A04686-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4686
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced  by  M. of A. MOYA -- read once and referred 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-e to read as follows:
    3    S 1352-E. 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
   24  THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OR PUSHCART OF  ITS  GRADE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00151-01-5
       A. 4686                             2
    1  AND  THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH OFFI-
    2  CER OR THE ENTITY WHICH PERFORMED THE INITIAL INSPECTION SHALL CONDUCT A
    3  SUBSEQUENT INSPECTION OF SUCH MOBILE PUBLIC FOOD  SERVICE  ESTABLISHMENT
    4  OR  PUSHCART  NO  SOONER THAN SEVEN DAYS, NOR LATER THAN TWENTY-ONE DAYS
    5  AFTER THE INSPECTION AT WHICH THE GRADE WAS GIVEN.  IN THE INTERIM,  THE
    6  PREVIOUS  LETTER  GRADE SHALL REMAIN POSTED.  UPON THE CONCLUSION OF THE
    7  SUBSEQUENT INSPECTION, THE LOCAL HEALTH OFFICER OR THE ENTITY PERFORMING
    8  THE INSPECTION SHALL DELIVER FOR POSTING A LETTER GRADE  TO  THE  MOBILE
    9  PUBLIC  FOOD SERVICE ESTABLISHMENT OR PUSHCART WHICH INDICATES THE GRADE
   10  FOR SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE, SUCH  ESTABLISHMENT
   11  OR  PUSHCART  SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS BASED.
   12  THE MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART MAY APPEAL SUCH
   13  SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE  COMMISSIONER
   14  FOR  REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY SUCH APPEAL
   15  IS PENDING, A MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART SHALL
   16  POST THE LETTER GRADE THAT IS BEING APPEALED.
   17    4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
   18  MOBILE  PUBLIC  FOOD  SERVICE  ESTABLISHMENTS  AND  PUSHCARTS  MAY BE AS
   19  FOLLOWS:
   20    (A) FOR ESTABLISHMENTS AND PUSHCARTS WITH A GRADE  OF  "A",  AT  LEAST
   21  ONCE EVERY YEAR;
   22    (B)  FOR  ESTABLISHMENTS  AND  PUSHCARTS WITH A GRADE OF "B", AT LEAST
   23  ONCE EVERY NINE MONTHS; AND
   24    (C) FOR ESTABLISHMENTS AND PUSHCARTS WITH A GRADE  OF  "C",  AT  LEAST
   25  ONCE EVERY THREE MONTHS.
   26    A MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART THAT REQUESTS A
   27  REINSPECTION FROM THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR
   28  SUCH  INSPECTIONS,  SHALL  PAY THE DEPARTMENT A FEE OF UP TO TWO HUNDRED
   29  FIFTY DOLLARS. PROVIDED, HOWEVER, THAT THE PROVISIONS OF  THIS  SUBDIVI-
   30  SION  SHALL  NOT  NEGATE  THE ABILITY OF ANY LOCAL HEALTH OFFICER OR THE
   31  ENTITY RESPONSIBLE FOR SUCH INSPECTIONS TO  INSPECT  ANY  MOBILE  PUBLIC
   32  FOOD  SERVICE ESTABLISHMENT OR PUSHCART ON THE BASIS OF A COMPLAINT FROM
   33  A MEMBER OF THE PUBLIC.
   34    5. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  MOBILE  PUBLIC
   35  FOOD SERVICE ESTABLISHMENTS OR PUSHCARTS WHICH ARE SPONSORED BY A CHARI-
   36  TABLE ORGANIZATION TO OPERATE A  SOUP KITCHEN OR OTHER FOOD DISTRIBUTION
   37  PROGRAM  FOR  THE  ELDERLY,  LOW  INCOME INDIVIDUALS AND FAMILIES OR THE
   38  INFIRM.
   39    6. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR  OTHER-
   40  WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
   41    S  2. This act shall take effect one year after it shall have become a
   42  law. Provided, however, that effective immediately, any rules and  regu-
   43  lations  necessary to implement the provisions of this act on its effec-
   44  tive date are authorized and directed to be completed on or before  such
   45  date.