NY State Senate Bill 2009-S8458

Senate Bill S8458

2009-2010 Legislative Session

Directs commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a public food service establishment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Jul 30, 2010	referred to rules

2009-S8458 (ACTIVE) - Details

See Assembly Version of this Bill:: A11694
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4840, A1311
2013-2014: S39
2015-2016: S1350
2017-2018: S477
2019-2020: S850
2021-2022: S608

2009-S8458 (ACTIVE) - Summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a public food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A"; provisions do not apply to food establishments in cities having a population of one million or more.

2009-S8458 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8458

TITLE OF BILL:  An act to amend the public health law, in relation to
the establishment of a letter grading system to classify inspection
results for public food service establishments

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of the bill is to
require all food service establishments, food carts and pushcarts,
schools, entertainment/sports venues, and hospitals to post a letter
grade indicating the result of a health inspection of its food serving
establishment.

SUMMARY OF SPECIFIC PROVISIONS:  This bill requires food service
establishments, temporary food service establishments, mobile food
service establishments, pushcarts schools, hospitals, and places of
entertainment, including privately or publicly owned and operated
facilities such as a theatre, stadium, arena, racetrack, museum,
amusement park, or other place where performances, concerts, exhibits,
athletic games or contests are held for which a donation is
recommended or required or an entry fee is charged to post the letter
grade representing the result of the most recent health inspection.

Due process safeguards are part of this bill. If a letter grade of "A"
is not received, the establishment will receive the inspection
findings, and can request a re-inspection that will occur within 7 to
21 days. After the re-inspection, a letter grade will again be

assigned. if the re-inspection, that finding can be appealed and a
review shall occur within 30 days.

This system shall not apply to:

- premises licensed for on-premise consumption of alcoholic beverages
pursuant to the alcoholic beverage control law when less than ten
percent of the gross sales of such establishment is derived from the
retail sale of food for on-premises consumption;

- food service establishments that do not engage in the retail sale of
food for on-premises or off premises consumption from such
establishment;

- food service establishments that are located in a city having a
population of one million or more with a local food establishment
grading system to the extent such local law is inconsistent with this
section;

- food service establishments that are operated in or by a
correctional facility; or

- food service establishments that are sponsored by a charitable
organization to operate a soup kitchen or other food distribution
program for the elderly, low income individuals and families or the
infirm.

JUSTIFICATION:  A recent report by ESPN "Outside the Lines"
highlighted findings of health department inspection reports for food
and beverage outlets at all 107 North American arenas and stadiums
that were home to MLB, NFL, NBA and NHL teams in 2009. From the 107


venues, 30 (28 percent) had been cited for at least one "critical" or
"major" health violation. A "critical" or "major" health violation is
one that poses a risk for food borne illnesses that can cause an
ailment or in extreme cases possible fatalities.

The New York State Department of Health is responsible for the
inspection of public places where food is prepared, sold or served,
including restaurants and cafeterias in New York. Local health
department inspectors conduct surprise inspections to check compliance
with state and local laws.

A uniform statewide system of inspection and grading will provide
consumers an easy way to decide if he or she wishes to eat from a
particular food establishment. Such system will provide encouragement
to keep food establishments sanitary.

New York City, starting July 2010, requires certain food service
establishments to post letter grades that correspond with its sanitary
inspection score. Most restaurants, coffee shops, bars, nightclubs,
cafeterias, retail bakeries, and fixed-site food stands will be
displaying its inspection score. Additionally, in 1998, the Los
Angeles county Board of Supervisors adopted Ordinance
97-0071 requiring retail food establishments to post its grade/score
issued by the health inspector.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:  To be determined.

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

2009-S8458 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8458

                            I N  S E N A T E

                              July 30, 2010
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to the  establishment
  of  a  letter grading system to classify inspection results for public
  food service 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
1352-d to read as follows:
  S 1352-D. PUBLIC FOOD SERVICE GRADING SYSTEM. 1.  FOR THE PURPOSES  OF
THIS  SECTION,  "PUBLIC  FOOD  SERVICE  ESTABLISHMENT" SHALL MEAN A FOOD
SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, MOBILE FOOD
SERVICE ESTABLISHMENT AND PUSHCART AS  DEFINED  IN  THE  STATE  SANITARY
CODE.  SUCH TERM SHALL ALSO INCLUDE FOOD SERVICE ESTABLISHMENTS OPERATED
BY ELEMENTARY AND SECONDARY SCHOOLS, AND HOSPITALS. PUBLIC FOOD  SERVICE
ESTABLISHMENT  SHALL  ALSO  MEAN A PLACE OF ENTERTAINMENT, INCLUDING ANY
PRIVATELY OR PUBLICLY OWNED AND OPERATED FACILITY  SUCH  AS  A  THEATRE,
STADIUM,  ARENA, RACETRACK, MUSEUM, AMUSEMENT PARK, OR OTHER PLACE WHERE
PERFORMANCES, CONCERTS, EXHIBITS, ATHLETIC GAMES OR  CONTESTS  ARE  HELD
FOR  WHICH  A  DONATION  IS  RECOMMENDED OR REQUIRED, OR AN ENTRY FEE IS
CHARGED.
  2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM  FOR  GRADING  INSPECTION
RESULTS  FOR  PUBLIC  FOOD SERVICE ESTABLISHMENTS. 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 THIS TITLE AND THE PROVISIONS OF THE
SANITARY CODE TO ESTABLISH A GRADING SYSTEM THAT REFLECTS THE SAFETY AND
SANITATION OF THE PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLI-
ANCE WITH STATE AND LOCAL HEALTH LAWS.
  3.  SUCH  PUBLIC  FOOD  SERVICE ESTABLISHMENT SHALL CONSPICUOUSLY POST
NEAR THE ENTRANCE TO SUCH ESTABLISHMENT, OR AT THE POINT  OF  SALE,  THE
LETTER  GRADE IDENTIFYING AND REPRESENTING THE RESULT OF SUCH ESTABLISH-
MENT'S MOST RECENTLY GRADED INSPECTION BY THE LOCAL  HEALTH  OFFICER  OR

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

                                                           LBD02911-18-0

S. 8458                             2

THE  ENTITY  RESPONSIBLE FOR SUCH INSPECTION. SUCH POSTING SHALL BE DONE
IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE  COMMISSION-
ER.    FOR ANY PUBLIC FOOD SERVICE ESTABLISHMENT RECEIVING A GRADE LOWER
THAN  "A",  THE  LOCAL  HEALTH  OFFICER  OR  THE  ENTITY  PERFORMING THE
INSPECTION SHALL ADVISE THE ESTABLISHMENT OF ITS GRADE AND THE  FINDINGS
UPON  WHICH  SUCH GRADE IS BASED. THE LOCAL HEALTH OFFICER OR THE ENTITY
WHICH PERFORMED  THE  INITIAL  INSPECTION  SHALL  CONDUCT  A  SUBSEQUENT
INSPECTION  OF  SUCH  PUBLIC  FOOD  SERVICE ESTABLISHMENT 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 OR  THE  ENTITY  PERFORMING  THE  INSPECTION  SHALL
DELIVER FOR POSTING A LETTER GRADE TO THE PUBLIC FOOD SERVICE ESTABLISH-
MENT  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 PUBLIC FOOD SERVICE ESTABLISHMENT MAY APPEAL
SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE  COMMIS-
SIONER  FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY SUCH
APPEAL IS PENDING, A PUBLIC FOOD SERVICE ESTABLISHMENT  SHALL  POST  THE
LETTER GRADE THAT IS BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
PUBLIC FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
  (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY  YEAR;
AND
  (B)  FOR  ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
MONTHS.
  A PUBLIC FOOD SERVICE ESTABLISHMENT THAT REQUESTS A REINSPECTION  FROM
THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTIONS,
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 OR THE ENTITY RESPONSIBLE
FOR SUCH INSPECTIONS TO INSPECT ANY PUBLIC FOOD SERVICE ESTABLISHMENT ON
THE BASIS OF A COMPLAINT FROM A MEMBER OF THE PUBLIC.
  5.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO PUBLIC FOOD
SERVICE ESTABLISHMENTS WHICH:
  (A) ARE PREMISES LICENSED FOR  ON-PREMISES  CONSUMPTION  OF  ALCOHOLIC
BEVERAGES  PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS THAN
TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION;
  (B) DO NOT ENGAGE IN THE  RETAIL  SALE  OF  FOOD  FOR  ON-PREMISES  OR
OFF-PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT;
  (C)  ARE  LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
WITH A LOCAL FOOD ESTABLISHMENT GRADING SYSTEM TO THE EXTENT  THE  LOCAL
LAWS RELATING THERETO ARE NOT INCONSISTENT WITH THIS SECTION;
  (D) ARE OPERATED IN OR BY A CORRECTIONAL FACILITY; OR
  (E)  ARE  SPONSORED  BY  A  CHARITABLE ORGANIZATION TO OPERATE A  SOUP
KITCHEN OR OTHER FOOD DISTRIBUTION PROGRAM FOR THE ELDERLY,  LOW  INCOME
INDIVIDUALS AND FAMILIES OR THE INFIRM.
  6.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR OTHER-
WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
  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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