senate Bill S2375

Signed by Governor Amended

Requires the department of health to post inspection results of public food service establishments on the website

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Bill Status


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

  • 16 / Jan / 2013
    • REFERRED TO HEALTH
  • 01 / May / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 01 / May / 2013
    • PRINT NUMBER 2375A
  • 29 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 29 / May / 2013
    • PRINT NUMBER 2375B
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1427
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO CODES
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A2116C
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.384
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 06 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 18 / Dec / 2013
    • SIGNED CHAP.529

Summary

Requires the department of health to post inspection results of public food service establishments on the department's website for the most recent three years; includes exemptions.

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Bill Details

Versions:
S2375
S2375A
S2375B
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Add ยง1352-d, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
A8128B, S5572C

Sponsor Memo

BILL NUMBER:S2375

TITLE OF BILL: An act to amend the public health law, in relation to
requiring public food service establishment inspection results to be
posted on the department of health's website and authorizing the
establishment of a letter grading system to classify inspection
results

PURPOSE OR GENERAL IDEA OF BILL: To require the NYS Department of
Health (DOH) to make available on its website all public food service
establishment inspection results for the most recent three years and
to establish a system for granting the inspection results.

SUMMARY OF PROVISIONS:

Section 1: Amends the Public Health Law to require the DOH to make
available on its website all public food service inspection results
for the most recent three years. If a county department of health or
local board of health maintains a website, it shall post a link to the
department's website where the food service establishment inspection
results are available.

This section further provides that the commissioner shall establish a
system for grading inspection results fox public food service
establishments, which uses the letters A, B, C or D. The department
may make available on its website the corresponding letter
identification for all public food service establishment inspections.

A city with a population over one million, with its own health or
sanitary code, that establishes, enforces and maintains its own system
of scoring and grading inspections of food service establishments
within its jurisdiction shall be exempted from the provisions of this
section. It is understood, that this bill, if enacted into law, does
not curtail the ability of a county health department to establish its
own restaurant grading system.

Section two provides the effective date.

JUSTIFICATION: The 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.

Inspection results are currently available online in only a small
number of counties, on the county department of health's website. For
citizens in the rest of the state, the only way they would likely be
able to access an inspection report is if they specifically requested
it from the county. Posting the inspection results on the DOH website
will provide easy access to the public and better enable individuals
to make a well-informed decision about where to eat. In addition, the
fact that this information would be more easily accessible and
publicized would encourage restaurants to ensure safe and sanitary
practices are followed.


County health departments that maintain a website would be required to
post a link on their website to direct visitors to the food service
inspection results on the DOH website. Counties would continue to be
able to make available the inspection results for the county on their
own website should they choose to do so.

Additionally, this bill directs the commissioner to establish a system
fox grading inspection results, which may then be included on its
website with the inspection results. The grading system will use the
letters A, B, C or D, making it easy for people to identify the
restaurant's performance. It also addresses the fact that county-level
enforcement can result in evaluation criteria and grading systems that
vary widely between jurisdictions. Creating a uniform statewide
grading system will provide much-needed uniformity throughout the
state, and further encourage restaurants to increase their sanitation
standards in order to achieve a higher letter grade.

LEGISLATIVE HISTORY: 2012 - S. 5572 - Referred to Health

FISCAL IMPLICATIONS: It may have some fiscal implications.

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
________________________________________________________________________

                                  2375

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  requiring  public
  food  service  establishment  inspection  results  to be posted on the
  department of health's website and authorizing the establishment of  a
  letter grading system to classify inspection results

  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  SERVICE ESTABLISHMENT INSPECTION RESULTS. 1.
(A) THE DEPARTMENT SHALL MAKE AVAILABLE ON ITS WEBSITE ALL  PUBLIC  FOOD
SERVICE  ESTABLISHMENT  INSPECTION  RESULTS  FOR  THE  MOST RECENT THREE
YEARS.
  (B) IF A COUNTY DEPARTMENT OF HEALTH OR LOCAL BOARD  OF  HEALTH  MAIN-
TAINS  A WEBSITE, IT SHALL POST A LINK TO THE DEPARTMENT'S WEBSITE WHERE
THE FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS ARE AVAILABLE.
  2.  (A)  THE  COMMISSIONER  SHALL  ESTABLISH  A  SYSTEM  FOR   GRADING
INSPECTION  RESULTS FOR PUBLIC FOOD SERVICE ESTABLISHMENTS.  SUCH SYSTEM
SHALL USE LETTERS A, B, C OR D TO IDENTIFY AND REPRESENT  SUCH  GRADING.
IN ESTABLISHING SUCH SYSTEM OF GRADING, THE COMMISSIONER SHALL TAKE INTO
ACCOUNT  THE PROVISIONS OF THIS TITLE AND THE PROVISIONS OF THE SANITARY
CODE TO ESTABLISH A GRADING SYSTEM THAT REFLECTS THE SAFETY AND  SANITA-
TION  OF  THE  PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
WITH STATE AND LOCAL HEALTH LAWS.
  (B) THE DEPARTMENT MAY MAKE AVAILABLE ON ITS WEBSITE THE CORRESPONDING
LETTER IDENTIFICATION FOR EACH PUBLIC FOOD SERVICE ESTABLISHMENT.
  (C) A CITY WITH A POPULATION OVER ONE MILLION,  WITH  ITS  OWN  HEALTH
CODE  OR SANITARY CODE, THAT ESTABLISHES, ENFORCES AND MAINTAINS ITS OWN
SYSTEM OF SCORING AND GRADING INSPECTIONS OF FOOD SERVICE ESTABLISHMENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04910-01-3

S. 2375                             2

WITHIN ITS JURISDICTION SHALL BE EXEMPTED FROM THE  PROVISIONS  OF  THIS
SECTION.
  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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