NY State Senate Bill 2017-S1579

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 10, 2017	referred to agriculture

2017-S1579 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §501, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6216
2015-2016: S1103

2017-S1579 (ACTIVE) - Summary

Relates to the establishment of a letter grading system for supermarkets.

2017-S1579 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1579

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to the
establishment of a letter grading system for supermarkets

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation will impose a letter grading system for inspections
of establishments engaged in the retail sale of food for on-premises
or off-premises consumption.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the agriculture and markets law by adding
a new section 501 that calls on the commissioner to create a system
for grading inspection results for supermarkets.

*The system will use and post letters A, B and C to identify and
represent such grading and classification with all other lower grades
being deemed to be failing grades. The grading system will take into
account the provisions of the state sanitary coed to establish the
grading system that reflects the safety and sanitation of the premises
and food handling practices to ensure compliance with state and local
health law.

*Supermarkets will be required to "conspicuously post" the letter
grade of the most recently graded inspection.

*For any supermarket receiving below an "A" grade, a subsequent
inspection is required not sooner than 7 nor later than 21 days from
the date of the inspection at which the grade was given.

*Supermarkets may appeal the subsequent assignment of a letter grade
designation to the commissioner for review within 30 days of such
assignment.

*Suggested intervals between regularly scheduled inspections of
supermarkets may be as follows: establishments with a grade of "A" at
least once per year, with a grade of "B" at least once every 9 months,
with a grade "C" at least once every six months.

*Supermarkets may request a reinspection from the local health officer
and shall pay the department of fee of up to $250.

*This section shall not apply to establishments operated in college or
university campuses or correctional facilities or sponsored by a
charitable organization.

Section 2 of the bill sets forth an effective date one year after it
shall have become law; provided, however, that effective immediately,
any rules and regulations necessary to implement the provisions of
this act on its effective date are authorized to be made on or before
such date.

 JUSTIFICATION :

Supermarkets should be subject to the same letter grading system for
inspections of safety, sanitation and food handling practices that
have been successfully implemented in the city of New York.

These letter grading systems lend necessary transparency to the
inspection process and ensure that the public is fully aware of any
potential safety hazards. In this way the public can be a better

educated consumer and supermarkets will be encouraged to seek the
highest standards of sanitation and food handling practices.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.1103
2013-14: S.6216

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become law;
provided, however, that effective immediately, any rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized to be made on or before such date.

2017-S1579 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1579
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   establishment of a letter grading system for supermarkets
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 501 to read as follows:
   §  501.  SUPERMARKET  GRADING SYSTEM. 1. FOR PURPOSES OF THIS SECTION,
 "SUPERMARKET" SHALL MEAN ANY ESTABLISHMENT THAT PREDOMINATELY ENGAGES IN
 THE SALE OF GROCERIES.
   2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM  FOR  GRADING  INSPECTION
 RESULTS FOR SUPERMARKETS. 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 THE STATE SANITARY CODE TO ESTABLISH A GRADING SYSTEM THAT
 REFLECTS THE SAFETY AND SANITATION OF THE  PREMISES  AND  FOOD  HANDLING
 PRACTICES TO ENSURE COMPLIANCE WITH STATE AND LOCAL HEALTH LAW.
   3.  ANY SUPERMARKET SHALL CONSPICUOUSLY POST NEAR THE ENTRANCE TO SUCH
 ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND REPRESENTING  THE  RESULT
 OF  SUCH  ESTABLISHMENT'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 SUPERMARKET RECEIV-
 ING  A  GRADE  LOWER THAN "A", THE LOCAL HEALTH OFFICER SHALL ADVISE THE
 ESTABLISHMENT OF ITS GRADE AND THE FINDINGS UPON  WHICH  SUCH  GRADE  IS
 BASED. THE LOCAL HEALTH OFFICER SHALL CONDUCT A SUBSEQUENT INSPECTION OF
 SUCH  SUPERMARKET  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00858-01-7

 S. 1579                             2
 
 POSTING  A  LETTER TO THE SUPERMARKET WHICH INDICATES THE GRADE FOR SUCH
 INSPECTION. IN ADDITION TO A  LETTER  GRADE,  SUCH  ESTABLISHMENT  SHALL
 RECEIVE  THE  FINDINGS  UPON WHICH SUCH GRADE IS BASED.  THE SUPERMARKET
 MAY  APPEAL  SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO
 THE COMMISSIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE
 ANY APPEAL IS PENDING, A SUPERMARKET SHALL POST THE LETTER GRADE THAT IS
 BEING APPEALED.
   4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
 SUPERMARKETS MAY BE AS FOLLOWS:
   (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
   (B)  FOR  ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
 MONTHS; AND
   (C) FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST  ONCE  EVERY  SIX
 MONTHS.
   5.  AFTER  AN INSPECTION IS CONDUCTED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION, A SUPERMARKET MAY REQUEST A REINSPECTION  FROM  THE  LOCAL
 HEALTH  OFFICER, AND 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
 RETAIL SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM  A  MEMBER
 OF THE PUBLIC.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ESTABLISHMENTS:
   (A) OPERATED IN COLLEGE OR UNIVERSITY CAMPUSES OR CORRECTIONAL FACILI-
 TIES; OR
   (B) SPONSORED BY A CHARITABLE ORGANIZATION.
   §  2.  This  act shall take effect one year after it shall have become
 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 to be made on or before such date.

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Senate Bill S1579

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2017-S1579 (ACTIVE) - Details

2017-S1579 (ACTIVE) - Summary

2017-S1579 (ACTIVE) - Sponsor Memo

2017-S1579 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1579

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2017-S1579 (ACTIVE) - Details

2017-S1579 (ACTIVE) - Summary

2017-S1579 (ACTIVE) - Sponsor Memo

2017-S1579 (ACTIVE) - Bill Text download pdf

Comments