senate Bill S814

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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  • 09 / Jan / 2013
    • 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:
S814
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยง1352-d, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S3583

Sponsor Memo

BILL NUMBER:S814

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:

2011-12: S.3583 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
________________________________________________________________________

                                   814

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04542-01-3

S. 814                              2

  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.
  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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