senate Bill S7747B

Relates to food service in funeral establishments

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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

  • 04 / Jun / 2014
    • REFERRED TO HEALTH
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 16 / Jun / 2014
    • PRINT NUMBER 7747A
  • 17 / Jun / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 17 / Jun / 2014
    • PRINT NUMBER 7747B
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1700
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 23 / Jun / 2014
    • REFERRED TO HEALTH

Summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

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Bill Details

See Assembly Version of this Bill:
A9950A
Versions:
S7747
S7747A
S7747B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §3444, Pub Health L

Sponsor Memo

BILL NUMBER:S7747B

TITLE OF BILL: An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE OR GENERAL IDEA OF BILL:

To give families of deceased individuals the option of consuming food
and beverages in a funeral home.

SUMMARY OF PROVISIONS:

Adds new Public Health Law § 3444 to provide that a funeral establish-
ment may provide space, facilities, equipment or supplies for the prepa-
ration, sale, service, distribution, or consumption of food or beverages
in the funeral establishments to or by persons in the funeral establish-
ment for the purpose of arranging for, attending, or participating in
the care and preparation of a body of a deceased person for disposition,
mourning, a funeral or memorial ceremony or service, or an open house or
similar community function that is related to the business of funeral
directing.

Activities under this section may include the services of a caterer not
owned by or affiliated with the funeral establishment. Employees of the
funeral establishment are limited to preparing beverages and serving
food or beverages under this section.

This would not include alcoholic beverages unless required by the
decedent's or family's religion.

JUSTIFICATION:

For several decades, NYS regulation has had a wide-ranging prohibition
on allowing any type of food or beverage in a funeral home, including
water. This outright blanket ban was put into place at a time when the
serving and consumption of food and beverages was limited almost exclu-
sively to restaurants, dining halls and, of course, homes. Indeed, the
regulation was supported at that time by the funeral service sector.
This bill would over-ride that regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the very
presence and consumption of food and beverages is part and parcel of
virtually every type of gathering or event. This most certainly includes
funeral and memorial services, which themselves have transformed from
strictly solemn events to occasions where the deceased is remembered
through more of a life celebration. With this in mind, it is a most
appropriate time in our societal anthology to permit funeral directors
to provide additional comfort to the family, friends and loved ones of a
deceased person by allowing them to make available food and/or beverages
to these grieving individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and bever-
ages in a funeral home, providing some needed additional comfort at a
time of need.

The bill would rightfully prohibit alcoholic beverages in a funeral
establishment, unless religious practices demand otherwise.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after it becomes a law.

view bill text
                    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:

  Section  1.  The  public health law is amended by adding a new section
3444 to read as follows:
  S 3444. FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A  FUNERAL  ESTAB-
LISHMENT  MAY  PROVIDE  SPACE, FACILITIES, EQUIPMENT OR SUPPLIES FOR THE
PREPARATION, SALE, SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF  FOOD  OR
BEVERAGES,  IN  THE  NATURE  OF  INCIDENTAL  REFRESHMENTS (SUCH AS BAKED
GOODS, SANDWICHES, SNACKS, PLATTERS AND HOT TRAYS) OR THOSE REQUIRED  BY
THE  RELIGIOUS PRACTICES OF THE DECEASED PERSON OR THE DECEASED PERSON'S
FAMILY, IN THE FUNERAL ESTABLISHMENT TO OR BY  PERSONS  IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION THAT IS RELATED TO THE BUSINESS
OF FUNERAL DIRECTING.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER  NOT  OWNED  BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT.  ACTIV-
ITIES OF FUNERAL ESTABLISHMENT EMPLOYEES SHALL BE LIMITED  TO  PREPARING
BEVERAGES AND SERVING FOOD OR BEVERAGES UNDER THIS SECTION.
  NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE RELIGIOUS  PRACTICES  OF  THE
DECEASED  PERSON  OR THE DECEASED PERSON'S FAMILY, AND SUBJECT TO OTHER-
WISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL  NOT
BE DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER
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

  S 2. This act shall take effect one hundred eighty days after it shall
become a law, provided that the commissioner of health is authorized and
directed  to make regulations and take other actions necessary to imple-
ment this act on that date.

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