Bill Text: NY S04589 | 2009-2010 | General Assembly | Amended


Bill Title: Directs the commissioner of health to establish and implement a uniform letter grading system to classify health inspection results for any place engaged in the preparation, sale or service of food for and to the general public; directs the commissioner, upon establishment and implementation of such system, to require the display of any letter grade received pursuant to such system.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Engrossed - Dead) 2010-04-26 - ADVANCED TO THIRD READING [S04589 Detail]

Download: New_York-2009-S04589-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4589--C
           Cal. No. 407
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2009
                                      ___________
       Introduced  by  Sens. KLEIN, KRUEGER, ONORATO, SAMPSON, THOMPSON -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on  Health  --  committee discharged, bill amended, ordered
         reprinted as amended and recommitted to  said  committee  --  reported
         favorably  from  said  committee  and  committed  to  the Committee on
         Finance -- committee discharged, bill amended,  ordered  reprinted  as
         amended  and  recommitted  to  said  committee  --  recommitted to the
         Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
         reported  favorably from said committee and committed to the Committee
         on Finance -- reported favorably from said committee, ordered to first
         and second report, amended on second report, ordered to a third  read-
         ing,  and to be reprinted as amended, retaining its place in the order
         of third reading
       AN ACT to amend the public health law, in relation to the  establishment
         of  a letter grading system to classify inspection results for certain
         public food service 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-d to read as follows:
    3    S 1352-D. PUBLIC FOOD SERVICE ESTABLISHMENT  GRADING  SYSTEM.  1.  THE
    4  COMMISSIONER,  OR,  WHERE APPLICABLE, THE LOCAL HEALTH OFFICER IN A CITY
    5  HAVING A POPULATION OF ONE MILLION OR MORE, SHALL ESTABLISH  AND  IMPLE-
    6  MENT  A SYSTEM FOR GRADING AND CLASSIFYING INSPECTION RESULTS FOR PUBLIC
    7  FOOD SERVICE ESTABLISHMENTS, INCLUDING BUT NOT LIMITED TO,  RESTAURANTS,
    8  DINING ROOMS, DELIS, BAKERIES OR ANY OTHER PLACE WHERE FOOD IS PREPARED,
    9  SOLD  OR SERVED FOR CONSUMPTION BY THE GENERAL PUBLIC. SUCH SYSTEM SHALL
   10  USE LETTERS TO IDENTIFY AND REPRESENT SUCH GRADING  AND  CLASSIFICATION.
   11  IN  ESTABLISHING  SUCH  SYSTEM OF STANDARDS AND GRADES, THE COMMISSIONER
   12  OR, WHERE APPLICABLE, THE LOCAL HEALTH OFFICER OF A CITY HAVING A  POPU-
   13  LATION  OF ONE MILLION OR MORE SHALL TAKE INTO ACCOUNT THE PROVISIONS OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02911-12-0
       S. 4589--C                          2
    1  THIS TITLE, THE PROVISIONS OF THE SANITARY CODE AND PROVISIONS OF  LOCAL
    2  ORDINANCES  OR  REGULATIONS  TO ESTABLISH A GRADING SYSTEM THAT REFLECTS
    3  THE SAFETY AND SANITATION OF THE PREMISES AND FOOD HANDLING PRACTICES TO
    4  ENSURE COMPLIANCE WITH STATE AND LOCAL HEALTH LAWS.
    5    2.  SUCH  PUBLIC  FOOD  SERVICE ESTABLISHMENT SHALL CONSPICUOUSLY POST
    6  NEAR THE ENTRANCE TO SUCH ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND
    7  REPRESENTING THE RESULT  OF  SUCH  ESTABLISHMENT'S  MOST  RECENT  GRADED
    8  INSPECTION.  SUCH  POSTING  SHALL  BE  DONE IN ACCORDANCE WITH RULES AND
    9  REGULATIONS PROMULGATED BY THE COMMISSIONER. IN A CITY  HAVING  A  POPU-
   10  LATION  OF  ONE  MILLION  OR MORE, SUCH LETTER GRADES SHALL BE POSTED IN
   11  ACCORDANCE WITH RULES PROMULGATED BY THE LOCAL HEALTH OFFICER.
   12    S 2. This act shall take effect one year after it shall have become  a
   13  law.  Effective  immediately,  the commissioner of health may promulgate
   14  rules and regulations to implement this act prior to such date.
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