S T A T E O F N E W Y O R K
________________________________________________________________________
3997
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. CYMBROWITZ -- Multi-Sponsored by -- M. of A.
BRENNAN, PHEFFER, ROBINSON -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to providing for the
establishment of a uniform letter grading system to classify
inspection results for food places
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1350 of the public health law is amended by adding
a new subdivision 3 to read as follows:
3. THE COMMISSIONER SHALL ESTABLISH AND IMPLEMENT, AFTER INVESTIGATION
AND PUBLIC HEARING, AN OFFICIAL AND UNIFORM SYSTEM OF STANDARDS FOR
GRADING AND CLASSIFYING INSPECTION RESULTS FOR ANY PLACE ENGAGED IN THE
PREPARATION, SALE OR SERVICE OF FOOD FOR AND TO THE GENERAL PUBLIC IN
THIS STATE. SUCH SYSTEM SHALL USE LETTERS TO IDENTIFY AND REPRESENT SUCH
GRADING AND CLASSIFICATION.
A. IN ESTABLISHING SUCH STANDARDS AND SYSTEM, THE COMMISSIONER SHALL
TAKE INTO ACCOUNT THE PROVISIONS OF THIS TITLE, THE PROVISIONS OF THE
SANITARY CODE AND PROVISIONS OF LOCAL ORDINANCES OR REGULATIONS.
B. UPON ESTABLISHMENT AND IMPLEMENTATION OF SUCH SYSTEM, THE COMMIS-
SIONER SHALL REQUIRE ANY PLACE ENGAGED IN THE PREPARATION, SALE OR
SERVICE OF FOOD FOR AND TO THE GENERAL PUBLIC IN THIS STATE TO DISPLAY
ANY LETTER GRADE OR CLASSIFICATION RECEIVED BY SUCH PLACE PURSUANT TO
THIS SUBDIVISION, IN A CONSPICUOUS LOCATION AND NEAR THE ENTRANCE OF
SUCH PLACE, WITH LETTERING THAT IS LEGIBLE AND THAT SHALL BE IN AT LEAST
THREE-QUARTERS OF AN INCH BOLDFACE TYPE. SUCH REQUIRED DISPLAY SHALL BE
IN A FORM APPROVED BY AND IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER.
C. IN ESTABLISHING AND IMPLEMENTING THE SYSTEM OF STANDARDS PURSUANT
TO THIS SUBDIVISION, THE COMMISSIONER SHALL CONSULT WITH REPRESENTATIVES
OF THE FOOD SERVICE INDUSTRY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02911-01-9
A. 3997 2
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately 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.