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Assembly Bill A9950A

2013-2014 Legislative Session

Relates to food service in funeral establishments

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Bill Amendments

2013-A9950 - Details

See Senate Version of this Bill:
S7747
Law Section:
Public Health Law
Laws Affected:
Add §3444, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
A2981, S817

2013-A9950 - Summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

2013-A9950 - Bill Text download pdf 

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

                                  9950

                          I N  A S S E M B L Y

                              June 3, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to  food  service  in
  funeral 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
3444 to read as follows:
  S  3444.  FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A FUNERAL ESTAB-
LISHMENT MAY PROVIDE SPACE, FACILITIES, EQUIPMENT OR  SUPPLIES  FOR  THE
PREPARATION,  SALE,  SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF FOOD OR
BEVERAGES IN THE FUNERAL ESTABLISHMENT TO OR BY PERSONS IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER  NOT OWNED BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT. EMPLOYEES
OF THE FUNERAL ESTABLISHMENT MAY PREPARE BEVERAGES AND MAY SERVE FOOD OR
BEVERAGES UNDER THIS SECTION.
  (C) NO ACTIVITIES UNDER THIS SECTION SHALL TAKE PLACE IN THE EMBALMING
OR PREPARATION ROOM OF THE FUNERAL ESTABLISHMENT, UNLESS REQUIRED BY THE
RELIGIOUS PRACTICES OF THE DECEASED  PERSON  OR  THE  DECEASED  PERSON'S
FAMILY AND SUBJECT TO OTHERWISE APPLICABLE LAW AND REGULATIONS.
  NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE RELIGIOUS  PRACTICES  OF  THE
DECEASED  PERSON  OR THE DECEASED PERSON'S FAMILY, AND SUBJECT TO OTHER-
WISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL  NOT
BE DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER
THIS SECTION.
  S 2. This act shall take effect one hundred eighty days after it shall
become a law, provided that the commissioner of health is authorized and
directed  to make regulations and take other actions necessary to imple-
ment this act on that date.

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

2013-A9950A (ACTIVE) - Details

See Senate Version of this Bill:
S7747
Law Section:
Public Health Law
Laws Affected:
Add §3444, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
A2981, S817

2013-A9950A (ACTIVE) - Summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

2013-A9950A (ACTIVE) - Bill Text download pdf 

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

                                 9950--A
                                                           R. R. 337

                          I N  A S S E M B L Y

                              June 3, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
  -- read once and referred to the Committee on Health -- amended on the
  special order of third reading, ordered reprinted as amended,  retain-
  ing its place on the special order of third reading

AN  ACT  to  amend the public health law, in relation to food service in
  funeral 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
3444 to read as follows:
  S 3444. FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A  FUNERAL  ESTAB-
LISHMENT  MAY  PROVIDE  SPACE, FACILITIES, EQUIPMENT OR SUPPLIES FOR THE
PREPARATION, SALE, SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF  FOOD  OR
BEVERAGES,  IN  THE  NATURE  OF  INCIDENTAL  REFRESHMENTS (SUCH AS BAKED
GOODS, SANDWICHES, SNACKS, PLATTERS AND HOT TRAYS) OR THOSE REQUIRED  BY
THE  RELIGIOUS PRACTICES OF THE DECEASED PERSON OR THE DECEASED PERSON'S
FAMILY, IN THE FUNERAL ESTABLISHMENT TO OR BY  PERSONS  IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION THAT IS RELATED TO THE BUSINESS
OF FUNERAL DIRECTING.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER  NOT  OWNED  BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT.  ACTIV-
ITIES OF FUNERAL ESTABLISHMENT EMPLOYEES SHALL BE LIMITED  TO  PREPARING
BEVERAGES AND SERVING FOOD OR BEVERAGES UNDER THIS SECTION.
  NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE RELIGIOUS  PRACTICES  OF  THE
DECEASED  PERSON  OR THE DECEASED PERSON'S FAMILY, AND SUBJECT TO OTHER-
WISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL  NOT
BE DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER
THIS SECTION.
  S 2. This act shall take effect one hundred eighty days after it shall
become a law, provided that the commissioner of health is authorized and
directed  to make regulations and take other actions necessary to imple-
ment this act on that date.

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