S T A T E O F N E W Y O R K
________________________________________________________________________
1311--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
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. THE COMMISSIONER
SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR PUBLIC FOOD
SERVICE ESTABLISHMENTS, TEMPORARY FOOD SERVICE ESTABLISHMENTS, MOBILE
FOOD SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED IN THE STATE SANI-
TARY CODE, INCLUDING BUT NOT LIMITED TO RESTAURANTS, DINING ROOMS,
DELIS, BAKERIES, FOOD SERVICE ESTABLISHMENTS OPERATED BY ELEMENTARY AND
SECONDARY SCHOOLS, HOSPITALS, PLACES 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03355-04-1
A. 1311--A 2
LETTER GRADE IDENTIFYING AND REPRESENTING THE RESULT OF SUCH ESTABLISH-
MENT'S MOST RECENTLY GRADED INSPECTION BY THE LOCAL HEALTH OFFICER OR
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;
(B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
MONTHS; AND
(C) FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST ONCE EVERY THREE
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 OPERATED IN OR BY A CORRECTIONAL FACILITY; OR
(D) 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.