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 Senate Committee


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

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Actions

view actions (4)
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

S2853 - Details

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 - 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.

S2853 - Sponsor Memo

S2853 - Bill Text download pdf

                    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

S2853A (ACTIVE) - Details

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) - 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.

S2853A (ACTIVE) - Sponsor Memo

S2853A (ACTIVE) - Bill 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

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