Assembly Bill A8991

2011-2012 Legislative Session

Directs commissioner of health to establish a grading system to classify the result of an inspection of pushcarts in N.Y. city

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2011-A8991 (ACTIVE) - Details

See Senate Version of this Bill:
S6047
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง1352-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2636, S43
2015-2016: A4686, S1311
2017-2018: A6146, S592

2011-A8991 (ACTIVE) - Summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a mobile public food service establishment or pushcart in cities with a population of two million or more; 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".

2011-A8991 (ACTIVE) - Bill Text download pdf

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

                                  8991

                          I N  A S S E M B L Y

                            January 11, 2012
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation to the  establishment
  of  a  letter  grading system to classify inspection results for push-
  carts in cities having a population of two million or more

  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. FOOD PUSHCART SERVICE GRADING SYSTEM; CITIES OF TWO  MILLION
OR  MORE.  1.    THE  COMMISSIONER  SHALL ESTABLISH A SYSTEM FOR GRADING
INSPECTION RESULTS FOR MOBILE FOOD SERVICE ESTABLISHMENTS AND  PUSHCARTS
AS  DEFINED  IN THE STATE SANITARY CODE, OPERATED IN CITIES WITH A POPU-
LATION OF TWO MILLION OR MORE.
  2.  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  GRAD-
ING,  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 COMPLIANCE  WITH  STATE  AND  LOCAL  HEALTH
LAWS.
  3.    EACH  SUCH  MOBILE  FOOD SERVICE ESTABLISHMENT OR PUSHCART SHALL
CONSPICUOUSLY POST AT THE POINT OF SALE THE LETTER GRADE IDENTIFYING AND
REPRESENTING THE RESULT  OF  SUCH  ESTABLISHMENT'S  OR  PUSHCART'S  MOST
RECENTLY  GRADED  INSPECTION  BY  THE LOCAL HEALTH OFFICER OR THE ENTITY
RESPONSIBLE FOR SUCH INSPECTION. SUCH POSTING SHALL BE DONE  IN  ACCORD-
ANCE  WITH  RULES  AND REGULATIONS PROMULGATED BY THE COMMISSIONER.  FOR
ANY MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT  OR  PUSHCART  RECEIVING  A
GRADE  LOWER THAN "A", THE LOCAL HEALTH OFFICER OR THE ENTITY PERFORMING
THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OR PUSHCART OF  ITS  GRADE
AND  THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH OFFI-
CER OR THE ENTITY WHICH PERFORMED THE INITIAL INSPECTION SHALL CONDUCT A
SUBSEQUENT INSPECTION OF SUCH MOBILE PUBLIC FOOD  SERVICE  ESTABLISHMENT

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

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