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

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

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8525

                               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 -- read once and  referred  to
          the Committee on Health

        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.  The  public health law is amended by adding a new section
     2  1352-f to read as follows:
     3    § 1352-f. Securing of grease traps and interceptors by food establish-
     4  ments. 1.  For the purposes of this section "food  establishment"  shall
     5  mean  any  business  or organization engaged in the preparation, sale or
     6  service of food.
     7    2. A food establishment with a grease trap or interceptor manhole that
     8  is located outdoors or accessible to the  general  public  shall  ensure
     9  that  such  manhole  is designed to withstand expected loads and prevent
    10  access by children. The manhole cover shall be  secured  by  a  bolt  or
    11  locking  mechanism  or  be  constructed  of  round  cast iron or similar
    12  construction rated for heavy road  traffic  with  sufficient  weight  to
    13  prevent unauthorized access. A public water or sewer authority may spec-
    14  ify either manner of manhole access exclusively, provided it conforms to
    15  this subdivision and prevents unauthorized access.
    16    3.  (a) A food establishment with a grease trap or interceptor manhole
    17  that is located outdoors or  accessible  to  the  general  public  shall
    18  ensure that such grease trap or interceptor manhole is secured or locked
    19  at all times.
    20    (b)  Notwithstanding  paragraph (a) of this subdivision, a food estab-
    21  lishment may unsecure or unlock a grease trap or interceptor manhole for
    22  the purpose of cleaning, maintenance or inspection,  provided,  however,
    23  that  no  food  establishment shall allow or cause such manhole to be or
    24  remain unattended while unsecured or unlocked.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13511-05-9
        A. 8525                             2

     1    4. A food establishment with a  grease  trap  or  interceptor  manhole
     2  shall  conspicuously  display  a  warning  sign  at the location of such
     3  manhole. The form and content of such sign shall be promulgated  by  the
     4  commissioner.
     5    5.  (a)  The  commissioner,  or  his  or  her duly authorized agent or
     6  employee, shall conduct an annual inspection of the compliance  of  each
     7  food establishment with the provisions of this section.
     8    (b)  Every  owner, operator, lessor, lessee or person in charge of any
     9  food establishment shall permit the commissioner, or  his  or  her  duly
    10  authorized  agents  or employees, to have access to all parts of any and
    11  all of such food establishment for the purpose of  ascertaining  whether
    12  the provisions of this section are being observed.
    13    §  2.  This  act shall take effect on the thirtieth day after it shall
    14  have become a law.    Effective  immediately,  the  addition,  amendment
    15  and/or repeal of any rule or regulation necessary for the implementation
    16  of  this  act  on  its  effective  date  are  authorized  to be made and
    17  completed on or before such effective date.