senate Bill S2375B

Signed by Governor

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

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Sponsor

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

See Assembly Version of this Bill:
A2116C
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, A8128C

Sponsor Memo

BILL NUMBER:S2375B

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

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
require those local health departments that maintain a website to post a
link to the DOH website where inspection results are available.

SUMMARY OF PROVISIONS: Section 1: Adds a new Public Health Law section
1352-d to require DOH to make available and prominently post on its
website all public food service inspections 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 also provides that New York City shall be exempted from the
provisions of this section. This is because the City of New York already
has a restaurant grading system regulation in place where each food
service establishment's health standard and cleanliness grade is posted
prominently in such eating establishment.

Section 2: This act shall take effect one year after it shall have
become law so that there is sufficient time to implement this act.

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 establish-
ments to evaluate the safety and sanitation of the premises, and monitor
food handling practices to ensure adequate compliance with state and
local sanitary codes.

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 to the gener-
al public should help to encourage that all food service establishments
will consistently practice safe and sanitary food handling, storage and
preparation practices.

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.

LEGISLATIVE HISTORY: Similar to A.8128C, of 2011 reported referred to
codes and 2012 reported referred to ways and means. Same as S.5572
(Klein), of 2011 and 2012, referred to health.

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
________________________________________________________________________

                                 2375--B

                       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  --  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  requiring  public
  food  service  establishment  inspection  results  to be posted on the
  department of health's website

  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 AND PROMINENTLY POST ON ITS
WEBSITE ALL PUBLIC FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS FOR THE
MOST RECENT THREE YEARS FOR WHICH DATA IS AVAILABLE, WHICH SHALL INCLUDE
THE DETERMINATION CONCERNING ANY ALLEGED VIOLATION OF THIS TITLE.
  (B) AS USED IN THIS SECTION,  "ITS  WEBSITE"  MEANS  A  WEBSITE  OR  A
PORTION  OF  A  WEBSITE  MAINTAINED  BY AN ENTITY OF STATE GOVERNMENT ON
WHICH THE DEPARTMENT REGULARLY POSTS DEPARTMENTAL INFORMATION.
  (C) 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 CITY WITH A POPULATION OVER ONE MILLION 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04910-09-3

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