Senate Bill S5572

                                BILL NUMBER:S5572A

TITLE OF BILL:
An act
to amend the public health law, in relation to
requiring public food service establishment inspection results to be
posted on the department of health's website and authorizing
the
establishment of a letter grading system to classify
inspection results

PURPOSE:
To make publicly accessible through the Department of Health's website
the results of public food service establishment health inspections
for the past three years. In addition, to create a web based letter
grading system of public food service establishments based on
objective standards for sanitary food handling practices set by state
and local health laws.

SUMMARY OF PROVISIONS:
Section 1: adds a new Public Health law Section 1352-d to establish
the posting of inspection results onto the New York State Department
of Health's website and if county localities also maintain a health
department website, they shall be similarly responsible for making
these results readily available. Additionally, this bill creates a
uniform evaluative system for inspection results of public food
              

service establishments, utilizing letters A, B, C, or D to represent
such grading. In determining grading standards, the Commissioner of
Health shall ensure compliance with the provisions herein, by using
as his guide compliance with the State Sanitary Code, as well as
local health laws in as far as they relate to the safe sanitary
handling practices of the premises and food on these premises. This
bill does not apply to New York City which shall establish and
enforce its own system of scoring and grading.

JUSTIFICATION:
The Department of Health and local county Departments of Public Health
are 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
sanitation laws.
New York City is exempt from this bill as it has a current system in
place which it is already enforcing.

Inspection results are currently available online in only a small
number of counties, on each county department of health's website.
For citizens
in the rest of the state, the only way they would likely be able
to access an inspection report is if they specifically requested it
from the county. posting the inspection results on the DOH website
will provide easy access to the general public and better enable
consumers to make a well-informed decision on the most hygienic
places to eat.


Furthermore, an increase in public accessibility should place greater
pressure on food service establishments to bring their safety and
sanitation practices up to code.

County health departments that maintain a website would be required to
post a link on their website to direct visitors to the food service
inspection results on the DOH website as well. Counties would
continue to be able to make available the inspection results for the
county on their own website should they choose to do so.

Additionally, this bill directs the commissioner to establish a system
for grading inspection results, which may then be included on its
website with the inspection results. The grading system will use the
letters A, B, C or D, making it easy for people to identify the
restaurant's performance. It also addresses the fact that
county-level enforcement can result in evaluation criteria and
grading systems that vary widely between jurisdictions. Creating a
uniform statewide grading system will provide much-needed uniformity
throughout the state, and further encourage restaurants to increase
their sanitation standards in order to achieve a higher letter grade.

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. Such a grading system
should encourage all restaurants to more vigilantly upgrade their
cleanliness and sanitation standards so that they can receive a
higher grade.

This concept is supported by prominent restaurant evaluators such as
Tim Zagat, who in the New York Times (3/24/10) endorsed the idea of
issuing restaurant grades as a way to encourage restaurants to clean
up their act. In fact, Mr. Zagat maintains that bills such as this
may encourage more tourism and patronage of restaurants because they
will become cleaner.

In Los Angeles, a similar restaurant grading program was instituted
over 10 years ago. In Los Angeles, those restaurants that received an
"A" increased from 40% to over 80% in 2007. This indicates that
restaurants take these grades seriously and will beef-up their
sanitation and institute better food handling practices to receive a
higher rating. In Los Angeles, 92% of all local diners favor the
grade posting law. In New York, a recent Zagat Survey reported that
83% of all respondents wanted the health inspection grades posted.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

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.

                                BILL NUMBER:S5572B

TITLE OF BILL:
An act to amend the public health law, in relation to requiring public
food service establishment inspection results to be posted on the
department of health's website and authorizing the establishment of a
letter grading system to classify inspection results

PURPOSE:
To make publicly accessible through the Department of Health's website
the results of public food service establishment health inspections for
the past three years. In addition, to create a web based letter grading
system of public food service establishments based on objective stand-
ards for sanitary food handling practices set by state and local health
laws.

SUMMARY OF PROVISIONS:
Section 1: Adds a new Public Health law section 1352-d to establish the
posting of inspection results onto the New York State Department of
Health's website and if county localities also maintain a health depart-
ment website, they shall be similarly responsible for making these
results readily available. Additionally, this bill creates a uniform
evaluative system for inspection results of public food service estab-
lishments, utilizing letters A, B, C, or D to represent such grading. In
determining grading standards, the Commissioner of Health shall ensure
compliance with the provisions herein, by using as his guide compliance
              

with the State Sanitary Code, as well as local health laws in as far as
they relate to the safe sanitary handling practices of the premises and
food on these premises. This bill does not apply to New York City which
shall establish and enforce its own system of scoring and grading. The
"B" print amendments to this bill made very technical amendments to add
local boards of health at the appropriate places.

JUSTIFICATION:
The Department of Health and local county Departments of Public Health
are 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 unan-
nounced inspections of food service establishments to evaluate the safe-
ty and sanitation of the premises, and monitor food handling practices
to ensure adequate compliance with state and local sanitation laws. New
York City is exempt from this bill as it has a current system in place
which it is already enforcing. Further, the sponsor will be reaching out
to other counties and municipalities that have already existing restau-
rant grading systems to ensure that this measure enhances their program
and is not detrimental to the operation of those already existing
programs.

Inspection results are currently available online in only a small number
of counties, on each county department of health's website.  For citi-
zens in the rest of the state, the only way they would likely be able to
access an inspection report is if they specifically requested it from

the county. Posting the inspection results on the DOH website will
provide easy access to the general public and better enable consumers to
make a well-informed decision on the most hygienic places to eat.
Furthermore, an increase in public accessibility should place greater
pressure on food service establishments to bring their safety and sani-
tation practices up to code.

County health departments that maintain a website would be required to
post a link on their website to direct visitors to the food service
inspection results on the DOH website as well. Counties would continue
to be able to make available the inspection results for the county on
their own website should they choose to do so.

Additionally, this bill directs the commissioner to establish a system
for grading inspection results, which may then be included on its
website with the inspection results. The grading system will use the
letters A, B, C or D, making it easy for people to identify the restau-
rant's performance. It also addresses the fact that county-level
enforcement can result in evaluation criteria and grading systems that
vary widely between jurisdictions. Creating a uniform statewide grading
system will provide much-needed uniformity throughout the state, and
further encourage restaurants to increase their sanitation standards in
order to achieve a higher letter grade.

A clear, concise system of letter grades would make it easier for
consumers to make an informed dining decision and allow for more mean-
ingfull comparisons across jurisdictions. Such a grading system should
encourage all restaurants to more vigilantly upgrade their cleanliness
and sanitation standards so that they can receive a higher grade.

This concept is supported by prominent restaurant evaluators such as Tim
Zagat, who in the New York Times (3/24/10) endorsed the idea of issuing
restaurant grades as a way to encourage restaurants to clean up their
act. In fact, Mr. Zagat maintains that bills such as this may encourage
more tourism and patronage of restaurants because they will become
cleaner.

In Los Angeles, a similar restaurant grading program was instituted over
10 years ago. In Los Angeles, those restaurants that received an "A"
increased from 40% to over 80% in 2007. This indicates that restaurants
take these grades seriously and will beef-up their sanitation and insti-
tute better food handling practices to receive a higher rating. In Los
Angeles, 92% of all local diners favor the grade posting law. In New
York, a recent Zagat Survey reported that 83% of all respondents wanted
the health inspection grades posted.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

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.

                                BILL NUMBER:S5572C

TITLE OF BILL:
An act
to amend the public health law, in relation to
requiring public food service establishment inspection results to be
posted on the department of health's website and authorizing
the
establishment of a letter grading system to classify
inspection results

PURPOSE OR GENERAL IDEA OF BILL:
To require the NYS Department of Health (DOH) to make available
on its website all public food service establishment inspection
results for the most recent three years and to establish a system
for granting the inspection results.

SUMMARY OF PROVISIONS:

Section 1: Amends the Public Health Law to require the DOH to make
available on its website all public food service inspection results
for the most recent three years.  If a county department of health
or local board of health maintains a website, it shall post a link
to the department's website where the food service establishment
inspection results are available.

              

This section further provides that the commissioner shall establish a
system for grading inspection results for public food service
establishments, which uses the letters A, B, C or D. The
department may make available on its website the corresponding letter
identification for all public food service establishment inspections.

A city with a population over one million, with its own health or
sanitary code, that establishes, enforces and maintains its own
system of scoring and grading inspections of food service
establishments within its jurisdiction shall be exempted from the
provisions of this section. It is understood, that this bill, if
enacted into law, does not curtail the ability of a county health
department to establish its own restaurant grading system.

Section two provides the effective date.

JUSTIFICATION:
The 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.

Inspection results are currently available online in only a small
number of counties, on the county department of health's website. For
citizens in the rest of the state, the only way they would likely be
able to access an inspection report is if they specifically requested
it from the county. Posting the inspection results on the DOH website
will provide easy access to the public and better enable individuals
to make a well-informed decision about where to eat. In addition, the
fact that this information would be more easily accessible and
publicized would encourage restaurants to ensure safe and sanitary
practices are followed.

County health departments that maintain a website would be required to
post a link on their website to direct visitors to the food service
inspection results on the DOH website. Counties would continue to be
able to make available the inspection results for the county on their
own website should they choose to do so.

Additionally, this bill directs the commissioner to establish a system
for grading inspection results, which may then be included on its
website with the inspection results. The grading system will use the
letters A, B, C or D, making it easy for people to identify the
restaurant's performance. It also addresses the fact that
county-level enforcement can result in evaluation criteria and
grading systems that vary widely between jurisdictions. Creating a
uniform statewide grading system will provide much-needed uniformity
throughout the state, and further encourage restaurants to increase
their sanitation standards in order to achieve a higher letter grade.

LEGISLATIVE HISTORY:
This is a new bill.

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.