Senate Bill S1035

                                 BILL NUMBER:  S1035

 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 certain public food service establishments


 PURPOSE OR GENERAL IDEA OF BILL :
The Commissioner of Health shall establish and implement a uniform
grading system consisting of letters A, B, and C to classify
inspection results for public food service establishments. Such
inspection grades shall be posted in a conspicuous location near the
entrance of each food service establishment. 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 public food service
establishment's sanitation and food handling practices.

 SUMMARY OF PROVISIONS :
Section 1: Adds a new Public Health Law Section 1352-d that directs
DOH to establish and implement a uniform letter grading system to
classify inspection results for places that serve food to the general
public.  Requires establishments engaged in the preparation, sale or
service of food for the general public to display the letter grade
received on its most recent inspection in a conspicuous location.
              

Under the general provisions of the Public Health Law and the State
Sanitary Code, such program and the criteria for establishing such a
program should be implemented pursuant to rules promulgated by DOH.
Pursuant to the State Administrative Procedure Act and the State
Sanitary Code, each public food service establishment may appeal, on
an expedited basis, the letter grade assigned to it and petition for a
different letter grade. DOH, in establishing criteria for awarding a
restaurant's letter grade, shall consider only the conditions of a
food service establishment related to its food handling practices and
the general sanitary condition of such premises.

 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. An unfortunate effect of county-level enforcement is that the
evaluation criteria and grading systems can vary widely between
jurisdictions, making it difficult for consumers reading an inspection
report to know whether an establishment's sanitary conditions are of
the highest quality or some lower level with regard to sanitation and
general cleanliness. A clear, concise system of letter grades would
make it easier for consumers to make an informed dining decision and
allow for more meaningful comparisons across jurisdictions. Further,
such grading system will encourage all restaurants to more vigilantly
upgrade their cleanliness and sanitation standards.

 LEGISLATIVE HISTORY :
2004: A.2702 Referred to the Health Committee
2006: S.2696 Referred to Health
2008: S.2243 Referred to Health
2009: S.4589 Passed the Senate

 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.