senate Bill S2853A

2013-2014 Legislative Session

Directs commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a food service establishment

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 2853a
amend and recommit to health
Jan 08, 2014 referred to health
Jan 24, 2013 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S2853 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1352-d, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1032
2009-2010: S8171

S2853 - Bill Texts

view summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a food service establishment; 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"; provisions do not apply to food establishments in cities having a population of one million or more.

view sponsor memo
BILL NUMBER:S2853

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: The NYS Department of Health (DOH)
shall establish and implement a uniform grading system consisting of
letters A, B, and C to classify inspection results for public food
service establishments. Such inspection grades shall be posted in a
conspicuous location near the entrance of each food service establish-
ment. Such letter grades and the criteria for designating such letter
grades shall be established by Rule and shall be set by the Department
of Health (DOH) based on objective criteria that evaluates each public
food service establishment's sanitation and food handling practices.

SUMMARY OF PROVISIONS:

Section 1: Adds a new public Health Law section 1352-d to authorize DOH
to establish and implement a uniform letter grading system to classify
inspection results for places that serve food to the general public. The
bill requires establishments engaged in the preparation, sale or service
of food for the general public to display the letter grade (A, B, or C)
received on its most recent inspection at the entrance of such food
service establishment.

Such grades shall be based on objective criteria that reflects the safe-
ty and sanitation of the establishment and its food handling practices.
DOH, in establishing criteria for awarding a restaurant's letter grade,
shall consider only the conditions of a food service establishment
related to its food handling practices and the general sanitary condi-
tion of such premises.

The bill provides safeguards to ensure that an accurate inspection is
conducted that truly reflects the cleanliness of such establishment.
Under this bill, if a food service establishment does not receive a
letter grade "A", the restaurant owner will receive the findings upon
which the grade is based. Further, the establishment can ask for a
re-inspection to receive a higher grade. Such re-inspection must be
conducted within 7 to 21 days. Upon such re-inspection, the local
inspector shall assign a letter grade for posting.

Pursuant to the State Administrative Procedure Act and the State Sani-
tary Code, after the second inspection, each public food service estab-
lishment may appeal, on an expedited basis, the letter grade assigned to
it and petition for a different letter grade. During the pendency of
this appeal the second letter grade awarded shall be posted at such food
service establishment.

The letter grade program shall not apply to the following food service
establishments:

-those located in New York City because the NYC Health Department has
already adopted a similar program of letter grading of these establish-
ments.

-bars and taverns that derive less than 10 percent of their gross sales
revenue from the sale of food as opposed to alcoholic beverages.

-that do not engage in the retail sale of food for on or off premises
consumption (i.e. food processing establishments that deliver food to
other food service establishments that will have a posted grade)

-operated in or by primary and secondary schools or correctional facul-
ties.

- operated by charitable organizations, including soup kitchens or other
prepared food distribution programs.

- mobile food vending units.

JUSTIFICATION: 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 establish-
ments to evaluate the safety and sanitation of the premises, and monitor
food handling practices to ensure adequate compliance with state and
local laws.

An unfortunate effect of county-level enforcement is that the evaluation
criteria and grading systems can vary widely between jurisdictions,
making it difficult for consumers reading an inspection report to know
whether an establishment's sanitary conditions are of the highest quali-
ty or some lower level with regard to sanitation and general cleanli-
ness. A clear, concise system of letter grades would make it easier for
consumers to make an informed dining decision and allow for more mean-
ingful comparisons across jurisdictions. Further, such grading system
will encourage all restaurants to more vigilantly upgrade their cleanli-
ness and sanitation standards.

The concept and bill are 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 this bill may encourage
more tourism and nation. age of restaurants because they are 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 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: 2004: A.2702 - Referred to the Health Committee
2006: S.2696 - Referred to Health 2008: S.2243 - Referred to Health
2009: A. similar bill S.4589 - Passed in the Senate 2010: S.8171 -
Referred to Rules - Passed Senate 2011 - 2012 - S. 1030 / A. 84

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.

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

                                  2853

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 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 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 ESTABLISHMENT  GRADING  SYSTEM.  1.  THE
COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
PUBLIC  FOOD  SERVICE  ESTABLISHMENTS,  AS DEFINED IN THE STATE SANITARY
CODE, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS, DINING  ROOMS,  DELIS,
BAKERIES  OR  ANY OTHER PLACE WHERE FOOD IS PREPARED, SOLD OR SERVED FOR
CONSUMPTION BY THE GENERAL  PUBLIC.  SUCH  SYSTEM  SHALL  USE  AND  POST
LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLASSIFICA-
TION  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  SANITA-
TION  OF  THE  PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
WITH STATE AND LOCAL HEALTH LAWS.
  2. SUCH PUBLIC FOOD SERVICE  ESTABLISHMENT  SHALL  CONSPICUOUSLY  POST
NEAR THE ENTRANCE TO SUCH ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND
REPRESENTING  THE  RESULT  OF  SUCH ESTABLISHMENT'S MOST RECENTLY GRADED
INSPECTION BY THE LOCAL HEALTH OFFICER. SUCH POSTING SHALL  BE  DONE  IN
ACCORDANCE  WITH  RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
FOR ANY FOOD SERVICE ESTABLISHMENT RECEIVING A GRADE LOWER THAN "A", THE
LOCAL HEALTH OFFICER SHALL ADVISE THE ESTABLISHMENT OF ITS GRADE AND THE
FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH OFFICER  SHALL
CONDUCT  A  SUBSEQUENT  INSPECTION OF SUCH FOOD SERVICE ESTABLISHMENT NO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07719-01-3

S. 2853                             2

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 SHALL DELIVER FOR POSTING A LETTER
TO THE FOOD SERVICE ESTABLISHMENT 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 FOOD  SERVICE
ESTABLISHMENT  MAY  APPEAL  SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE
DESIGNATION TO THE COMMISSIONER FOR REVIEW WITHIN THIRTY  DAYS  OF  SUCH
ASSIGNMENT.  WHILE ANY SUCH APPEAL IS PENDING, A FOOD SERVICE ESTABLISH-
MENT SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
  3. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
  (A)  FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
AND
  (B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE  EVERY  NINE
MONTHS.
  A  FOOD  SERVICE  ESTABLISHMENT  THAT REQUESTS A REINSPECTION FROM THE
LOCAL HEALTH OFFICER, 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  TO
INSPECT  ANY FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM
A MEMBER OF THE PUBLIC.
  4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  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 LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE;
  (D) ARE OPERATED IN OR BY A PRIMARY OR SECONDARY SCHOOL, OR A  CORREC-
TIONAL FACILITY;
  (E)  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; OR
  (F) ARE MOBILE FOOD VENDING UNITS, MOBILE FOOD VENDING COMMISSARIES OR
TEMPORARY FOOD SERVICE ESTABLISHMENTS.
  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.

S2853A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1352-d, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1032
2009-2010: S8171

S2853A (ACTIVE) - Bill Texts

view summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a food service establishment; 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"; provisions do not apply to food establishments in cities having a population of one million or more.

view sponsor memo
BILL NUMBER:S2853A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL The NYS Department of Health (DOH) shall
establish and implement a uniform grading system consisting of letters
A, B, and C to classify sanitary and health code inspection results for
public food service establishments. Such inspection grades shall be made
available and prominently posted on the Department's website only. Such
letter grades and the criteria for designating such letter grades shall
be set by the Department of Health (DOH) based on objective criteria
that evaluates each public food service establishment's sanitation and
food handling practices.

Section 1: Amends Public Health Law section 1352-d to authorize DOH to
establish and implement a uniform letter grading system to classify
inspection results for places that serve food to the general public.
The bill requires establishments engaged in the preparation and sale of
food to the general public to have posted on the Department's website
the health and sanitary inspection results based on a letter grade (A,
B, or C)received on its most recent inspection.

Such grades shall be based on objective criteria that accurately
reflects the safety and sanitation of the establishment and its food
handling practices. DOH, in establishing criteria for awarding a restau-
rant's letter grade, shall consider only the conditions of a food
service establishment related to its food handling practices and the
general sanitary condition of such premises.

The bill provides safeguards to ensure that an accurate inspection is
conducted that truly reflects the cleanliness of such establishment.
Under this bill, if a food service establishment does not receive a
letter grade "A", the restaurant owner will receive the findings upon
which the grade is based. Further, the establishment can ask for a
re-inspection to receive a higher grade. Such re-inspection must be
conducted within 7 to 21 days. During the pendency of this first re-in-
spection, the letter grade of the food service establishment shall
remain the same. Upon such re-inspection, the local inspector shall
assign a letter grade for posting on the Department's website so that it
is made available to the general public.

Pursuant to the State Administrative Procedure Act and the State Sani-
tary Code, after the second inspection, each public food service estab-
lishment may appeal, on an expedited basis, the letter grade assigned to
it and petition for a different letter grade. During the pendency of
this appeal the second letter grade awarded shall be posted on the
Department's website.

The letter grade program shall not apply to the following food service
establishments:

-those located in New York City because the NYC Health Department has
already adopted a similar program of letter grading of these establish-
ments.

-bars and taverns that derive less than 10 percent of their gross sales
revenue from the sale of food as opposed to alcoholic beverages.

-that do not engage in the retail sale of food for on or off premises
consumption (i.e. food processing establishments that deliver food to
other food service establishments that will have a posted grade)

-operated in or by primary and secondary schools or correctional facul-
ties.

-operated by charitable organizations, including soup kitchens or other
prepared food distribution programs.

-mobile food vending units.

JUSTIFICATION: DOH, along with local county health departments, is
charged with inspecting and supervising the cleanliness of public places
in New York in which food is prepared, sold or served, including restau-
rants 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 prac-
tices to ensure adequate compliance with state and local laws.

A clear, concise system of letter grades of public health inspection
results that is made available to the general public and placed on the
Department's website would make it easier for consumers to make an
informed dining decision. Further, such grading system that is posted on
the Department's website would encourage all restaurants to be more
vigilant in their food preparation practices and help to upgrade their
cleanliness and sanitation standards.

The concept and bill are 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 this bill may encourage
more tourism because local restaurants would be deemed to be clean.

In Los Angeles, a similar restaurant grading program (which mandated the
posting of grades at the food service establishment instead of on the
internet) 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 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 Zagat Survey in 2010 reported that 83% of all respondents
wanted the health inspection grades posted related to food service

establishments. A similar program of arriving at letter grades to evalu-
ate the cleanliness of food service establishments was instituted by the
New York City Health Department and by the County of Albany within the
past three years. In addition, the county health departments of Chemung,
Columbia, Monroe and Suffolk have placed on their websites information
about the health inspection results of their sanitary inspections.
Further, based on Chapter 529 of the Laws of 2013, DOH is now required
by statute to post its inspection results of food service establishments
on its website.

LEGISLATIVE HISTORY: A similar, but more aggressive bill was introduced
in the Senate: 2004: A.2702 - Referred to the Health Committee 2006:
S.2696 - Referred to Health 2008: S.2243 - Referred to Health 2009: A.
similar bill S.4589 - Passed in the Senate 2010: S.8171 - Referred to
Rules - Passed Senate 2011 - 2012 - S. 1030 / A. 84

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 18 months after it shall
have become a law. The commissioner of health is authorized to promul-
gate any and all rules and regulations and take any other measures
necessary to implement this act. on or before its effective.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2853--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  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. Section 1352-d of the public health law, as added by  chap-
ter 529 of the laws of 2013, is amended to read as follows:
  S  1352-d.  Public  food  service establishment inspection results AND
LETTER GRADING SYSTEM. 1. (a) The department shall  make  available  and
prominently  post on its website: (I) all public food service establish-
ment inspection results for the most recent three years for  which  data
is  available,  which  shall  include  the  determination concerning any
alleged violation of this title,  AND  (II)  LETTER  GRADING  INSPECTION
RESULTS AS PROVIDED FOR PURSUANT TO THIS SECTION.
  (b)  As  used  in  this  section,  "its  website" means a website or a
portion of a website maintained by an  entity  of  state  government  on
which the department regularly posts departmental information.
  (c)  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  city with a population over one million shall be exempted from
the provisions of this section.]  THE  COMMISSIONER  SHALL  ESTABLISH  A
SYSTEM  FOR  THE  LETTER  GRADING  OF INSPECTION RESULTS FOR PUBLIC FOOD
SERVICE ESTABLISHMENTS, AS DEFINED IN THE STATE  SANITARY  CODE.    SUCH
SYSTEM  SHALL  MAKE  AVAILABLE  AND PROMINENTLY POST ON THE DEPARTMENT'S
INTERNET WEBSITE LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH  GRAD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07719-04-4

S. 2853--A                          2

ING  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 LETTER 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.  FOR ANY FOOD SERVICE ESTABLISHMENT RECEIVING A LETTER GRADE  LOWER
THAN "A", THE LOCAL HEALTH OFFICER SHALL ADVISE THE ESTABLISHMENT OF ITS
GRADE  AND THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH
OFFICER SHALL CONDUCT A  SUBSEQUENT  INSPECTION  OF  SUCH  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 ON THE DEPARTMENT WEBSITE.
UPON THE CONCLUSION OF THE SUBSEQUENT INSPECTION, THE COMMISSIONER SHALL
POST A LETTER GRADE FOR THE FOOD SERVICE ESTABLISHMENT  WHICH  INDICATES
THE  GRADE FOR SUCH INSPECTION ON THE DEPARTMENT'S WEBSITE.  IN ADDITION
TO A LETTER GRADE, SUCH ESTABLISHMENT SHALL RECEIVE  THE  FINDINGS  UPON
WHICH  SUCH  GRADE IS BASED.   THE 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 FOOD SERVICE ESTABLISHMENT GRADE SHALL REMAIN POST-
ED ON  THE  DEPARTMENT'S  WEBSITE  WHILE  SUCH  LETTER  GRADE  IS  BEING
APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
  (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY  YEAR;
AND
  (B)  FOR  ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
MONTHS.
  A FOOD SERVICE ESTABLISHMENT THAT REQUESTS  A  REINSPECTION  FROM  THE
LOCAL  HEALTH  OFFICER,  SHALL  PAY  THE  DEPARTMENT  A FEE OF UP TO ONE
HUNDRED DOLLARS. PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
SION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL HEALTH OFFICER TO INSPECT
ANY 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  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 LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE;
  (D) ARE OPERATED IN OR BY A PRIMARY OR SECONDARY SCHOOL, OR A  CORREC-
TIONAL FACILITY;
  (E)  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; OR
  (F) ARE MOBILE FOOD VENDING UNITS, MOBILE FOOD VENDING COMMISSARIES OR
TEMPORARY FOOD SERVICE ESTABLISHMENTS.
  S 2. This act shall take effect 18 months after it shall have become a
law,  or  on  the same date and in the same manner as chapter 529 of the
laws of 2013 takes effect, whichever is later.  Provided, however,  that
effective  immediately, any rules and regulations necessary to implement

S. 2853--A                          3

the provisions of this act on its  effective  date  are  authorized  and
directed to be completed on or before such date.

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