senate Bill S3583

Establishes a public food vending business grading system for cities with a population of one million or more

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Feb / 2011
    • REFERRED TO HEALTH
  • 04 / Jan / 2012
    • REFERRED TO HEALTH

Summary

Establishes a public food vending business grading system for cities with a population of one million of more.

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Bill Details

Versions:
S3583
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยง1352-d, Pub Health L

Sponsor Memo

BILL NUMBER:S3583

TITLE OF BILL:

An act
to amend the public health law, in relation to establishing a public
food vending business grading system for cities with a population of one
million or more

PURPOSE OR GENERAL IDEA OF BILL:

The NYS Department of Health (DOH) shall establish and implement a
uniform grading system consisting of letters A, B, and C to classify
inspection results for mobile food service establishments, commonly
known as food vendors. Such inspection grades shall be posted in a
conspicuous location, easily visible by the consumer. Such letter
grades and the criteria for designating such letter grades shall be
established by Rule and shall be set by the Department of Health
(DOH) based on objective criteria that evaluates each food vendor's
sanitation and food handling practices.

SUMMARY OF PROVISIONS:

Section 1: Definitions

Section 2: Adds a new Public Health Law Section 1352-d to authorize
DOH to establish and implement a uniform letter grading system to
classify inspection results for food vendors that serve food to the
general public.
The bill requires food vendors engaged in the preparation, sale or
service of food for the general public to display the letter grade
(A, B, or C) received on its most recent inspection in a conspicuous
manner.

Such grades shall be based on objective criteria that reflects the
safety and sanitation of the establishment and its food handling
practices. DOH, in establishing criteria for awarding a restaurant's
letter grade, shall consider only the conditions of a food vending
business related to its food handling practices and the general
sanitary condition.

The bill provides safeguards to ensure that an accurate inspection is
conducted that truly reflects the cleanliness of such establishment.
Under this bill, if a food service establishment does not receive a
letter grade "A", the restaurant owner will receive the findings upon
which the grade is based. Further, the establishment can ask for a
re-inspection to receive a higher grade. Such re-inspection must be
conducted within 7 to 21 days. Upon such re-inspection, the local
health inspector shall assign a letter grade for posting.

Pursuant to the State Administrative Procedure Act and the State
Sanitary Code, after the second inspection, each public food vendor
may appeal, on an expedited basis, the letter grade assigned to it
and petition for a different letter grade. During the pendency of
this appeal the second letter grade awarded shall be posted on the
food vendor's pushcart or vehicle.


The letter grade program shall not apply to the following food service
establishments:

- those food vendors located outside of New York City

JUSTIFICATION:

DOH is charged with inspecting and supervising all public places in
New York in which food is prepared, sold or served, including
restaurants and cafeterias. Inspectors from local health departments
conduct unannounced inspections of food service establishments to
evaluate the safety and sanitation of the premises, and monitor food
handling practices to ensure adequate compliance with state and local
laws.

Since July of 2010, New York City has been issuing letter grades for
restaurants. These grades are based off of how the restaurant fares
in its inspection and sends a clear message to consumers on how
sanitary the conditions are and safely food is being tended to.

In New York City there is a large population that is served by mobile
vendors operating out of pushcarts and vehicles and this customer
base should be able to have the same means of ascertaining how the
premises and food are kept as they currently are able to do with
traditional restaurants. Given that food vendors operate in a manner
in which both the implements and ingredients can be exposed to the
elements and therefore compromised in a number of ways, it is vital
that these vendors be subject to the same oversight and scrutiny.

LEGISLATIVE HISTORY:

No prior bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.
The commissioner of health is authorized to promulgate any and all
rules and regulations and take any other measures necessary to
implement this act on its effective date on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3583

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 25, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  establishing  a
  public  food  vending  business grading system for cities with a popu-
  lation of one million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
1352-d to read as follows:
  S 1352-D. PUBLIC FOOD VENDING BUSINESS GRADING SYSTEM.    1.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  A. "FOOD VENDOR" SHALL MEAN A PERSON  WHO  HAWKS,  PEDDLES,  SELLS  OR
OFFERS FOOD FOR SALE AT RETAIL IN ANY PUBLIC SPACE;
  B.  "FOOD  VENDING  BUSINESS"  SHALL  MEAN  THE BUSINESS OF SELLING OR
OFFERING FOOD FOR SALE AT RETAIL IN A PUBLIC SPACE;
  C. "PUBLIC SPACE" SHALL MEAN ALL PUBLICLY OWNED PROPERTY  BETWEEN  THE
PROPERTY  LINES  ON  A STREET AS SUCH PROPERTY LINES ARE SHOWN ON PUBLIC
RECORDS INCLUDING, BUT NOT LIMITED TO, A PARK, PLAZA,  ROADWAYS,  SHOUL-
DER,  TREE SPACE, SIDEWALK OR PARKING SPACE BETWEEN SUCH PROPERTY LINES.
IT SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, PUBLICLY OWNED  OR  LEASED
LAND, BUILDINGS, PIERS, WHARFS, STADIUMS AND TERMINALS;
  D.  "PUSHCART" SHALL MEAN ANY WHEELED VEHICLE OR DEVICE USED BY A FOOD
VENDING BUSINESS OR FOOD VENDOR, OTHER THAN A MOTOR VEHICLE OR  TRAILER,
WHICH  MAY  BE MOVED WITH OR WITHOUT THE ASSISTANCE OF A MOTOR AND WHICH
DOES NOT REQUIRE REGISTRATION BY THE DEPARTMENT OF MOTOR VEHICLES;
  E. "VEHICLE" SHALL MEAN A MOTOR VEHICLE OR TRAILER, AS DEFINED IN  THE
VEHICLE AND TRAFFIC LAW; AND
  F.  "VEND"  SHALL  MEAN TO HAWK, PEDDLE, SELL OR OFFER TO SELL FOOD AT
RETAIL IN A PUBLIC SPACE, DELIVERED  IMMEDIATELY  UPON  CONSUMMATION  OF
PURCHASE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09863-01-1

S. 3583                             2

  2.  THE  COMMISSIONER  SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION
RESULTS FOR A FOOD VENDING BUSINESS OPERATING OUT OF PUSHCARTS AND VEHI-
CLES WHERE FOOD IS PREPARED, SOLD  OR  SERVED  FOR  CONSUMPTION  BY  THE
GENERAL  PUBLIC.  SUCH  SYSTEM  SHALL  USE AND POST LETTERS A, B OR C TO
IDENTIFY  AND  REPRESENT  SUCH GRADING AND CLASSIFICATION WITH ALL OTHER
LOWER GRADES BEING DEEMED TO BE FAILING  GRADES.  IN  ESTABLISHING  SUCH
SYSTEM  OF  GRADING,  THE  COMMISSIONER  SHALL  TAKE  INTO  ACCOUNT  THE
PROVISIONS OF LOCAL LAWS RELATING TO FOOD SANITATION IN ORDER TO  ESTAB-
LISH  A  GRADING  SYSTEM  THAT REFLECTS THE SAFETY AND SANITATION OF THE
PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE WITH STATE AND
LOCAL HEALTH LAWS.
  3. SUCH FOOD VENDING PUSHCART OR VEHICLE SHALL CONSPICUOUSLY POST  THE
LETTER  GRADE  IDENTIFYING  AND  REPRESENTING  THE  RESULT  OF SUCH FOOD
VENDOR'S MOST RECENTLY GRADED INSPECTION BY THE  LOCAL  HEALTH  OFFICER.
SUCH  POSTING  SHALL  BE  DONE  IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER. FOR ANY FOOD VENDING BUSINESS RECEIVING
A GRADE LOWER THAN "A", THE LOCAL HEALTH OFFICER SHALL ADVISE  THE  FOOD
VENDOR OF ITS GRADE AND THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE
LOCAL  HEALTH OFFICER SHALL CONDUCT A SUBSEQUENT INSPECTION OF SUCH FOOD
VENDING BUSINESS NO SOONER THAN SEVEN DAYS, NOR  LATER  THAN  TWENTY-ONE
DAYS  AFTER THE INSPECTION AT WHICH THE GRADE WAS GIVEN. IN THE INTERIM,
THE PREVIOUS LETTER GRADE SHALL REMAIN POSTED. UPON  THE  CONCLUSION  OF
THE  SUBSEQUENT  INSPECTION,  THE LOCAL HEALTH OFFICER SHALL DELIVER FOR
POSTING A LETTER TO THE FOOD VENDING BUSINESS WHICH INDICATES THE  GRADE
FOR  SUCH  INSPECTION.  IN  ADDITION TO A LETTER GRADE, SUCH FOOD VENDOR
SHALL RECEIVE THE FINDINGS UPON WHICH SUCH  GRADE  IS  BASED.  THE  FOOD
VENDING BUSINESS MAY APPEAL SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE
DESIGNATION  TO  THE  COMMISSIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH
ASSIGNMENT. WHILE ANY SUCH APPEAL IS PENDING, A  FOOD  VENDING  BUSINESS
SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
FOOD VENDING BUSINESS MAY BE AS FOLLOWS:
  A. FOR FOOD VENDORS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR; AND
  B. FOR FOOD VENDORS WITH A GRADE OF "B",  AT  LEAST  ONCE  EVERY  NINE
MONTHS.
  5. A FOOD VENDING BUSINESS THAT REQUESTS A REINSPECTION FROM THE LOCAL
HEALTH  OFFICER,  SHALL  PAY  THE  DEPARTMENT A FEE OF UP TO TWO HUNDRED
FIFTY DOLLARS. PROVIDED HOWEVER THAT THE PROVISIONS OF THIS  SUBDIVISION
SHALL  NOT NEGATE THE ABILITY OF ANY LOCAL HEALTH OFFICER TO INSPECT ANY
FOOD VENDING BUSINESS ON THE BASIS OF A COMPLAINT FROM A MEMBER  OF  THE
PUBLIC.
  6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO A FOOD VENDING
BUSINESS WHICH IS NOT LOCATED IN A  CITY  HAVING  A  POPULATION  OF  ONE
MILLION OR MORE.
  S  2. This act shall take effect one year after it shall have become a
law. Provided, however, that effective immediately, any rules and  regu-
lations  necessary to implement the provisions of this act on its effec-
tive date are authorized and directed to be completed on or before  such
date.

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