senate Bill S43A

2013-2014 Legislative Session

Directs commissioner of health to establish a grading system to classify the result of an inspection of pushcarts in cities over 2 million

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 43a
amend and recommit to health
Jan 08, 2014 referred to health
Jan 09, 2013 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S43 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1352-e, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6047

S43 - 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 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".

view sponsor memo
BILL NUMBER:S43

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
pushcarts in cities having a population of two million or more

PURPOSE:
Directs Commissioner of Health to establish a grading system to
classify the result of an inspection of pushcarts in cities over two
million.

SUMMARY OF PROVISIONS:
Amends the public health law by adding section 1352-d, directing the
Commissioner of Health to establish an inspection regime and grading
system for the safety and sanitation of mobile food service
establishments and pushcarts.

Subsection 2 requires the establishment of a letter grading system.

Subsection 3 establishes posting requirements for letter grades, directs
for follow-up inspections and sets up an appeals process.

Subsection 4 suggests possible inspection frequency.

Subsection 5 exempts pushcarts sponsored by charitable organizations.

JUSTIFICATION:
There are over 5,000 mobile food vendors in New York City providing
millions of meals to New Yorkers. The increasing ubiquity of these
vendors has raised concerns over whether the food they provide is
safe and sanitary. Requiring letter grade inspection results will
assure consumers that mobile food is clean and safe for consumption.
Additionally, this system could actually improve business for the
many vendors who already conform to sanitary requirements.

LEGISLATIVE HISTORY:
2011-12: S.6047

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

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

                                   43

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00323-01-3

S. 43                               2

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
OR PUSHCART 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.  UPON THE CONCLUSION  OF  THE
SUBSEQUENT INSPECTION, THE LOCAL HEALTH OFFICER OR THE ENTITY PERFORMING
THE  INSPECTION  SHALL  DELIVER FOR POSTING A LETTER GRADE TO THE MOBILE
PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART WHICH INDICATES THE  GRADE
FOR  SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE, SUCH ESTABLISHMENT
OR PUSHCART SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE  IS  BASED.
THE MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART 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 MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART SHALL
POST THE LETTER GRADE THAT IS BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
MOBILE PUBLIC FOOD  SERVICE  ESTABLISHMENTS  AND  PUSHCARTS  MAY  BE  AS
FOLLOWS:
  (A)  FOR  ESTABLISHMENTS  AND  PUSHCARTS WITH A GRADE OF "A", AT LEAST
ONCE EVERY YEAR;
  (B) FOR ESTABLISHMENTS AND PUSHCARTS WITH A GRADE  OF  "B",  AT  LEAST
ONCE EVERY NINE MONTHS; AND
  (C)  FOR  ESTABLISHMENTS  AND  PUSHCARTS WITH A GRADE OF "C", AT LEAST
ONCE EVERY THREE MONTHS.
  A MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART THAT REQUESTS A
REINSPECTION FROM THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR
SUCH INSPECTIONS, SHALL PAY THE DEPARTMENT A FEE OF UP  TO  TWO  HUNDRED
FIFTY  DOLLARS.  PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
SION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL  HEALTH  OFFICER  OR  THE
ENTITY  RESPONSIBLE  FOR  SUCH  INSPECTIONS TO INSPECT ANY MOBILE PUBLIC
FOOD SERVICE ESTABLISHMENT OR PUSHCART ON THE BASIS OF A COMPLAINT  FROM
A MEMBER OF THE PUBLIC.
  5.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO MOBILE PUBLIC
FOOD SERVICE ESTABLISHMENTS OR PUSHCARTS WHICH ARE SPONSORED BY A CHARI-
TABLE ORGANIZATION TO OPERATE A  SOUP KITCHEN OR OTHER FOOD DISTRIBUTION
PROGRAM FOR THE ELDERLY, LOW INCOME  INDIVIDUALS  AND  FAMILIES  OR  THE
INFIRM.
  6.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR OTHER-
WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
  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.

Co-Sponsors

S43A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1352-e, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6047

S43A (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 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".

view sponsor memo
BILL NUMBER:S43A

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 pushcarts in cities having a population of two million or
more

PURPOSE:

Directs Commissioner of Health to establish a grading system to
classify the result of an inspection of pushcarts in cities over two
million.

SUMMARY OF PROVISIONS:

Amends the public health law by adding section 1352-e, directing the
Commissioner of Health to establish an inspection regime and grading
system for the safety and sanitation of mobile food service
establishments and pushcarts.

Section 2 requires the establishment of a letter grading system.

Section 3 establishes posting requirements for letter grades, directs
for follow-up inspections and sets up an appeals process.

Section 4 suggests possible inspection frequency.

Section 5 exempts pushcarts sponsored by charitable organizations.

JUSTIFICATION:

There are over 5,000 mobile food vendors in New York City providing
millions of meals to New Yorkers. The increasing ubiquity of these
vendors has raised concerns over whether the food they provide is safe
and sanitary. Requiring letter grade inspection results will assure
consumers that mobile food is clean and safe for consumption.
Additionally, this system could actually improve business for the many
vendors who already conform to sanitary requirements.

LEGISLATIVE HISTORY:

2011-12: S.6047

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.

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

                                  43--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. PERALTA, AVELLA, ESPAILLAT -- 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 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-e to read as follows:
  S 1352-E. 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00323-02-4

S. 43--A                            2

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
OR PUSHCART 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.  UPON THE CONCLUSION  OF  THE
SUBSEQUENT INSPECTION, THE LOCAL HEALTH OFFICER OR THE ENTITY PERFORMING
THE  INSPECTION  SHALL  DELIVER FOR POSTING A LETTER GRADE TO THE MOBILE
PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART WHICH INDICATES THE  GRADE
FOR  SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE, SUCH ESTABLISHMENT
OR PUSHCART SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE  IS  BASED.
THE MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART 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 MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART SHALL
POST THE LETTER GRADE THAT IS BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
MOBILE PUBLIC FOOD  SERVICE  ESTABLISHMENTS  AND  PUSHCARTS  MAY  BE  AS
FOLLOWS:
  (A)  FOR  ESTABLISHMENTS  AND  PUSHCARTS WITH A GRADE OF "A", AT LEAST
ONCE EVERY YEAR;
  (B) FOR ESTABLISHMENTS AND PUSHCARTS WITH A GRADE  OF  "B",  AT  LEAST
ONCE EVERY NINE MONTHS; AND
  (C)  FOR  ESTABLISHMENTS  AND  PUSHCARTS WITH A GRADE OF "C", AT LEAST
ONCE EVERY THREE MONTHS.
  A MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART THAT REQUESTS A
REINSPECTION FROM THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR
SUCH INSPECTIONS, SHALL PAY THE DEPARTMENT A FEE OF UP  TO  TWO  HUNDRED
FIFTY  DOLLARS.  PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
SION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL  HEALTH  OFFICER  OR  THE
ENTITY  RESPONSIBLE  FOR  SUCH  INSPECTIONS TO INSPECT ANY MOBILE PUBLIC
FOOD SERVICE ESTABLISHMENT OR PUSHCART ON THE BASIS OF A COMPLAINT  FROM
A MEMBER OF THE PUBLIC.
  5.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO MOBILE PUBLIC
FOOD SERVICE ESTABLISHMENTS OR PUSHCARTS WHICH ARE SPONSORED BY A CHARI-
TABLE ORGANIZATION TO OPERATE A  SOUP KITCHEN OR OTHER FOOD DISTRIBUTION
PROGRAM FOR THE ELDERLY, LOW INCOME  INDIVIDUALS  AND  FAMILIES  OR  THE
INFIRM.
  6.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR OTHER-
WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
  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.

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