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

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7747--B
                                   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  --  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  PREPARATION, SALE, SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF  FOOD  OR
    6  BEVERAGES,  IN  THE  NATURE  OF  INCIDENTAL  REFRESHMENTS (SUCH AS BAKED
    7  GOODS, SANDWICHES, SNACKS, PLATTERS AND HOT TRAYS) OR THOSE REQUIRED  BY
    8  THE  RELIGIOUS PRACTICES OF THE DECEASED PERSON OR THE DECEASED PERSON'S
    9  FAMILY, IN THE FUNERAL ESTABLISHMENT TO OR BY  PERSONS  IN  THE  FUNERAL
   10  ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
   11  ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
   12  DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
   13  OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION THAT IS RELATED TO THE BUSINESS
   14  OF FUNERAL DIRECTING.
   15    (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
   16  ER  NOT  OWNED  BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT.  ACTIV-
   17  ITIES OF FUNERAL ESTABLISHMENT EMPLOYEES SHALL BE LIMITED  TO  PREPARING
   18  BEVERAGES AND SERVING FOOD OR BEVERAGES UNDER THIS SECTION.
   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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15463-06-4
       S. 7747--B                          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.