Bill Text: NY A08525 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires food establishments to secure grease trap and interceptor manholes that are located outdoors or accessible to the general public; includes requirements for the conspicuous posting of warning signs and provides for annual inspections of compliance.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2020-02-11 - enacting clause stricken [A08525 Detail]

Download: New_York-2019-A08525-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8525--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 7, 2019
                                       ___________

        Introduced  by M. of A. ROMEO, BRONSON, BUTTENSCHON, GOTTFRIED, DenDEKK-
          ER, TAYLOR, OTIS, BURKE, STIRPE, COLTON,  McMAHON  --  read  once  and
          referred  to  the  Committee  on  Health -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend the public health law, in relation to the securing of
          grease traps  and interceptors by food establishments

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

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Bryce's law".
     3    § 2. The public health law is amended by adding a new  section  1352-f
     4  to read as follows:
     5    § 1352-f. Securing of grease traps and interceptors by food establish-
     6  ments.  1.   For the purposes of this section "food establishment" shall
     7  mean any business or organization engaged in the  preparation,  sale  or
     8  service of food.
     9    2. A food establishment with a grease trap or interceptor manhole that
    10  is  located  outdoors  or  accessible to the general public shall ensure
    11  that such manhole is designed to withstand expected  loads  and  prevent
    12  access  by  children.  The  manhole  cover shall be secured by a bolt or
    13  locking mechanism or be  constructed  of  round  cast  iron  or  similar
    14  construction  rated  for  heavy  road  traffic with sufficient weight to
    15  prevent unauthorized access. Such grease  trap  or  interceptor  manhole
    16  shall  include  a  secondary protection device consisting of a screen or
    17  netting sufficient to prevent a person from falling into  such  trap  or
    18  interceptor. A public water or sewer authority may specify either manner
    19  of  manhole access exclusively, provided it conforms to this subdivision
    20  and prevents unauthorized access.
    21    3. (a) A food establishment with a grease trap or interceptor  manhole
    22  that  is  located  outdoors  or  accessible  to the general public shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13511-08-9
        A. 8525--A                          2

     1  ensure that such grease trap or interceptor manhole is secured or locked
     2  at all times.
     3    (b)  Notwithstanding  paragraph (a) of this subdivision, a food estab-
     4  lishment may unsecure or unlock a grease trap or interceptor manhole for
     5  the purpose of cleaning, maintenance or inspection,  provided,  however,
     6  that  no  food  establishment shall allow or cause such manhole to be or
     7  remain unattended while unsecured or unlocked.
     8    4. A food establishment with a  grease  trap  or  interceptor  manhole
     9  shall  conspicuously  display  a  warning  sign  at the location of such
    10  manhole. The form and content of such sign shall be promulgated  by  the
    11  commissioner.
    12    5.  (a)  The  commissioner,  or  his  or  her duly authorized agent or
    13  employee, shall conduct an annual inspection of the compliance  of  each
    14  food establishment with the provisions of this section.
    15    (b)  Every  owner, operator, lessor, lessee or person in charge of any
    16  food establishment shall permit the commissioner, or  his  or  her  duly
    17  authorized  agents  or employees, to have access to all parts of any and
    18  all of such food establishment for the purpose of  ascertaining  whether
    19  the provisions of this section are being observed.
    20    §  3.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.    Effective  immediately,  the  addition,  amendment
    22  and/or repeal of any rule or regulation necessary for the implementation
    23  of  this  act  on  its  effective  date  are  authorized  to be made and
    24  completed on or before such effective date.