S T A T E O F N E W Y O R K
________________________________________________________________________
10482
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. N. RIVERA -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to posting
sanitary inspections on the doors of retail food stores
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 4 of section 500 of the agriculture and
markets law, as amended by section 8 of part I1 of chapter 62 of the
laws of 2003, are amended to read as follows:
2. Each retail food store shall post a copy of the date and results of
its most recent sanitary inspection by the department [in a conspicuous
location near] ON THE DOOR OF each public entrance, as prescribed by the
commissioner. Such copies shall also be made available to the public
upon request.
4. (A) THE COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING
INSPECTION RESULTS FOR RETAIL FOOD STORES. SUCH SYSTEM SHALL USE AND
POST LETTERS A, B, OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLAS-
SIFICATION 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 CHAPTER AND 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 LAWS.
(B) The department shall inspect each retail food store at least once
in every twelve month period. Any store that fails two consecutive
inspections shall be inspected at least once in every six month period
until it has passed two consecutive inspections. In the event that a
retail food store fails three consecutive inspections, the department
may, in its discretion, order such establishment to cease all retail
operation until it passes inspection or suspend or revoke any license
issued to such establishment pursuant to article twenty-C of this chap-
ter.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15926-02-2
A. 10482 2
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.