S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 16, 2013
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
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
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 ESTABLISHMENT INSPECTION RESULTS. 1.
(A) THE DEPARTMENT SHALL MAKE AVAILABLE ON ITS WEBSITE ALL PUBLIC FOOD
SERVICE ESTABLISHMENT INSPECTION RESULTS FOR THE MOST RECENT THREE
(B) IF A COUNTY DEPARTMENT OF HEALTH OR LOCAL BOARD OF HEALTH MAIN-
TAINS A WEBSITE, IT SHALL POST A LINK TO THE DEPARTMENT'S WEBSITE WHERE
THE FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS ARE AVAILABLE.
2. (A) THE COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING
INSPECTION RESULTS FOR PUBLIC FOOD SERVICE ESTABLISHMENTS. SUCH SYSTEM
SHALL USE LETTERS A, B, C OR D TO IDENTIFY AND REPRESENT SUCH GRADING.
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 SANITA-
TION OF THE PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
WITH STATE AND LOCAL HEALTH LAWS.
(B) THE DEPARTMENT MAY MAKE AVAILABLE ON ITS WEBSITE THE CORRESPONDING
LETTER IDENTIFICATION FOR EACH PUBLIC FOOD SERVICE ESTABLISHMENT.
(C) A CITY WITH A POPULATION OVER ONE MILLION, WITH ITS OWN HEALTH
CODE OR SANITARY CODE, THAT ESTABLISHES, ENFORCES AND MAINTAINS ITS OWN
SYSTEM OF SCORING AND GRADING INSPECTIONS OF FOOD SERVICE ESTABLISHMENTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 2375 2
WITHIN ITS JURISDICTION SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS
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