Bill Text: NY S08171 | 2009-2010 | General Assembly | Introduced

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Bill Title: Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A"; provisions do not apply to food establishments in cities having a population of one million or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-25 - referred to health [S08171 Detail]

Download: New_York-2009-S08171-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8171
                                   I N  S E N A T E
                                     June 14, 2010
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the public health law, in relation to the  establishment
         of  a  letter grading system to classify inspection results for 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 SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
    5  PUBLIC  FOOD  SERVICE  ESTABLISHMENTS,  AS DEFINED IN THE STATE SANITARY
    6  CODE, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS, DINING  ROOMS,  DELIS,
    7  BAKERIES  OR  ANY OTHER PLACE WHERE FOOD IS PREPARED, SOLD OR SERVED FOR
    8  CONSUMPTION BY THE GENERAL  PUBLIC.  SUCH  SYSTEM  SHALL  USE  AND  POST
    9  LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLASSIFICA-
   10  TION  WITH  ALL OTHER LOWER GRADES BEING DEEMED TO BE FAILING GRADES. IN
   11  ESTABLISHING SUCH SYSTEM OF GRADING, THE COMMISSIONER  SHALL  TAKE  INTO
   12  ACCOUNT  THE PROVISIONS OF THIS TITLE AND THE PROVISIONS OF THE SANITARY
   13  CODE TO ESTABLISH A GRADING SYSTEM THAT REFLECTS THE SAFETY AND  SANITA-
   14  TION  OF  THE  PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
   15  WITH STATE AND LOCAL HEALTH LAWS.
   16    2. SUCH PUBLIC FOOD SERVICE  ESTABLISHMENT  SHALL  CONSPICUOUSLY  POST
   17  NEAR THE ENTRANCE TO SUCH ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND
   18  REPRESENTING  THE  RESULT  OF  SUCH ESTABLISHMENT'S MOST RECENTLY GRADED
   19  INSPECTION BY THE LOCAL HEALTH OFFICER. SUCH POSTING SHALL  BE  DONE  IN
   20  ACCORDANCE  WITH  RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
   21  FOR ANY FOOD SERVICE ESTABLISHMENT RECEIVING A GRADE LOWER THAN "A", THE
   22  LOCAL HEALTH OFFICER SHALL ADVISE THE ESTABLISHMENT OF ITS GRADE AND THE
   23  FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH OFFICER  SHALL
   24  CONDUCT  A  SUBSEQUENT  INSPECTION OF SUCH FOOD SERVICE ESTABLISHMENT NO
   25  SOONER THAN SEVEN  DAYS,  NOR  LATER  THAN  TWENTY-ONE  DAYS  AFTER  THE
   26  INSPECTION  AT  WHICH THE GRADE WAS GIVEN.  IN THE INTERIM, THE PREVIOUS
   27  LETTER GRADE SHALL REMAIN POSTED.  UPON THE CONCLUSION OF THE SUBSEQUENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02911-17-0
       S. 8171                             2
    1  INSPECTION, THE LOCAL HEALTH OFFICER SHALL DELIVER FOR POSTING A  LETTER
    2  TO  THE  FOOD  SERVICE  ESTABLISHMENT WHICH INDICATES THE GRADE FOR SUCH
    3  INSPECTION.  IN ADDITION TO A LETTER  GRADE,  SUCH  ESTABLISHMENT  SHALL
    4  RECEIVE  THE  FINDINGS UPON WHICH SUCH GRADE IS BASED.  THE FOOD SERVICE
    5  ESTABLISHMENT MAY APPEAL SUCH SUBSEQUENT ASSIGNMENT OF  A  LETTER  GRADE
    6  DESIGNATION  TO  THE  COMMISSIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH
    7  ASSIGNMENT. WHILE ANY SUCH APPEAL IS PENDING, A FOOD SERVICE  ESTABLISH-
    8  MENT SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
    9    3.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
   10  FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
   11    (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY  YEAR;
   12  AND
   13    (B)  FOR  ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
   14  MONTHS.
   15    A FOOD SERVICE ESTABLISHMENT THAT REQUESTS  A  REINSPECTION  FROM  THE
   16  LOCAL  HEALTH  OFFICER,  SHALL  PAY  THE  DEPARTMENT  A FEE OF UP TO TWO
   17  HUNDRED FIFTY DOLLARS. PROVIDED HOWEVER  THAT  THE  PROVISIONS  OF  THIS
   18  SUBDIVISION  SHALL NOT NEGATE THE ABILITY OF ANY LOCAL HEALTH OFFICER TO
   19  INSPECT ANY FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT  FROM
   20  A MEMBER OF THE PUBLIC.
   21    4.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO FOOD SERVICE
   22  ESTABLISHMENTS WHICH:
   23    (A) ARE PREMISES LICENSED FOR  ON-PREMISES  CONSUMPTION  OF  ALCOHOLIC
   24  BEVERAGES  PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS THAN
   25  TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
   26  RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION;
   27    (B) DO NOT ENGAGE IN THE  RETAIL  SALE  OF  FOOD  FOR  ON-PREMISES  OR
   28  OFF-PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT;
   29    (C) ARE LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE;
   30    (D)  ARE OPERATED IN OR BY A PRIMARY OR SECONDARY SCHOOL, OR A CORREC-
   31  TIONAL FACILITY;
   32    (E) ARE SPONSORED BY A CHARITABLE ORGANIZATION  TO  OPERATE  A    SOUP
   33  KITCHEN  OR  OTHER FOOD DISTRIBUTION PROGRAM FOR THE ELDERLY, LOW INCOME
   34  INDIVIDUALS AND FAMILIES OR THE INFIRM; OR
   35    (F) ARE MOBILE FOOD VENDING UNITS, MOBILE FOOD VENDING COMMISSARIES OR
   36  TEMPORARY FOOD SERVICE ESTABLISHMENTS.
   37    S 2. This act shall take effect one year after it shall have become  a
   38  law.  Provided, however, that effective immediately, any rules and regu-
   39  lations necessary to implement the provisions of this act on its  effec-
   40  tive  date are authorized and directed to be completed on or before such
   41  date.