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

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

---

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-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7747--A
                                   I N  S E N A T E
                                     June 4, 2014
                                      ___________
       Introduced  by Sens. LITTLE, CARLUCCI, GALLIVAN, LARKIN, MAZIARZ, SAVINO
         -- 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
       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  SALE,  SERVICE,  DISTRIBUTION OR CONSUMPTION OF FOOD OR BEVERAGES IN THE
    6  FUNERAL ESTABLISHMENT TO OR BY PERSONS IN THE FUNERAL ESTABLISHMENT  FOR
    7  THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPATING IN THE CARE AND
    8  PREPARATION  OF A BODY OF A DECEASED PERSON FOR DISPOSITION, MOURNING, A
    9  FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR AN  OPEN  HOUSE  OR  SIMILAR
   10  COMMUNITY  FUNCTION,  PROVIDED,  HOWEVER,  THAT  NOTHING IN THIS SECTION
   11  SHALL BE CONSTRUED TO AUTHORIZE  A  FUNERAL  ESTABLISHMENT  FROM  MAKING
   12  AVAILABLE  FOOD OR BEVERAGES AT AN EVENT OR FUNCTION THAT IS NOT RELATED
   13  TO THE BUSINESS AND  PRACTICE  OF  FUNERAL  DIRECTING  OR  AS  EXPRESSLY
   14  PROVIDED IN THIS SECTION.
   15    (B)  ACTIVITIES  UNDER  THIS SECTION MAY INCLUDE LIMITED SERVICES OF A
   16  CATERER NOT OWNED  BY  OR  AFFILIATED  WITH  THE  FUNERAL  ESTABLISHMENT
   17  INCLUDING  THE FOLLOWING: DANISH, COOKIES, SANDWICHES, ASSORTED PLATTERS
   18  AND HOT TRAYS OF FOODS. UNDER THIS SECTION, ACTIVITIES OF  EMPLOYEES  OF
   19  THE FUNERAL ESTABLISHMENT ARE LIMITED TO PREPARING BEVERAGES AND SERVING
   20  FOOD OR BEVERAGES.
   21    (C)  NO ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF
   22  ANY ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE  RELIGIOUS  PRACTICES  OF
   23  THE  DECEASED  PERSON  OR  THE  DECEASED PERSON'S FAMILY, AND SUBJECT TO
   24  OTHERWISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL
   25  NOT  BE  DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES
   26  UNDER THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15463-03-4
       S. 7747--A                          2
    1    S 2. This act shall take effect one hundred eighty days after it shall
    2  become a law, provided that the commissioner of health is authorized and
    3  directed to make regulations and take other actions necessary to  imple-
    4  ment this act on that date.