Bill Text: NY S07747 | 2013-2014 | General Assembly | Introduced

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

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Bill Title: Permits food service in funeral establishments subject to certain restrictions and qualifications.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2014-06-23 - referred to health [S07747 Detail]

Download: New_York-2013-S07747-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7747
                                   I N  S E N A T E
                                     June 4, 2014
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to  food  service  in
         funeral 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  3444 to read as follows:
    3    S  3444.  FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A FUNERAL ESTAB-
    4  LISHMENT MAY PROVIDE SPACE, FACILITIES, EQUIPMENT OR  SUPPLIES  FOR  THE
    5  PREPARATION,  SALE,  SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF FOOD OR
    6  BEVERAGES IN THE FUNERAL ESTABLISHMENT TO OR BY PERSONS IN  THE  FUNERAL
    7  ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
    8  ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
    9  DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
   10  OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION.
   11    (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
   12  ER  NOT OWNED BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT. EMPLOYEES
   13  OF THE FUNERAL ESTABLISHMENT MAY PREPARE BEVERAGES AND MAY SERVE FOOD OR
   14  BEVERAGES UNDER THIS SECTION.
   15    (C) NO ACTIVITIES UNDER THIS SECTION SHALL TAKE PLACE IN THE EMBALMING
   16  OR PREPARATION ROOM OF THE FUNERAL ESTABLISHMENT, UNLESS REQUIRED BY THE
   17  RELIGIOUS PRACTICES OF THE DECEASED  PERSON  OR  THE  DECEASED  PERSON'S
   18  FAMILY AND SUBJECT TO OTHERWISE APPLICABLE LAW AND REGULATIONS.
   19    NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
   20  ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE RELIGIOUS  PRACTICES  OF  THE
   21  DECEASED  PERSON  OR THE DECEASED PERSON'S FAMILY, AND SUBJECT TO OTHER-
   22  WISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL  NOT
   23  BE DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER
   24  THIS SECTION.
   25    S 2. This act shall take effect one hundred eighty days after it shall
   26  become a law, provided that the commissioner of health is authorized and
   27  directed  to make regulations and take other actions necessary to imple-
   28  ment this act on that date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15463-01-4