senate Bill S6216

2013-2014 Legislative Session

Relates to the establishment of a letter grading system for supermarkets

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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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Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection

S6216 - Bill Details

Current Committee:
Senate Consumer Protection
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง501, Ag & Mkts L

S6216 - Bill Texts

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Relates to the establishment of a letter grading system for supermarkets.

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BILL NUMBER:S6216

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the establishment of a letter grading system for
supermarkets

PURPOSE OR GENERAL IDEA OF BILL

This legislation will impose a letter grading system for inspections
of establishments engaged in the retail sale of food for on-premises
or off-premises consumption.

SUMMARY OF SPECIFIC PROVISIONS

Section 1 of the bill amends the agriculture and markets law by adding
a new section 501 that calls on the commissioner to create a system
for grading inspection results for supermarkets.
*The system will use and post letters A, B and C to identify and
represent such grading and classification with all other lower grades
being deemed to be failing grades. The grading system will take into
account the provisions of the state sanitary coed to establish the
grading system that reflects the safety and sanitation of the premises
and food handling practices to ensure compliance with state and local
health law.
*Supermarkets will be required to "conspicuously post" the letter
grade of the most recently graded inspection.
*For any supermarket receiving below an "A" grade, a subsequent
inspection is required not sooner than 7 nor later than 21 days from
the date of the inspection at which the grade was given.
*Supermarkets may appeal the subsequent assignment of a letter grade
designation to the commissioner for review within 30 days of such
assignment.
*Suggested intervals between regularly scheduled inspections of
supermarkets may be as follows: establishments with a grade of "A" at
least once per year, with a grade of "13" at least once every 9
months, with a grade "C" at least once every six months.
*Supermarkets may request a reinspection from the local health officer
and shall pay the department of fee of up to $250.
*This section shall not apply to establishments operated in college or
university campuses or correctional facilities or sponsored by a
charitable organization.

Section 2 of the bill sets forth an effective date one year after it
shall have become law; provided, however, that effective immediately,
any rules and regulations necessary to implement the provisions of
this act on its effective date are authorized to be made on or before
such date.

JUSTIFICATION:

Supermarkets should be subject to the same letter grading system for
inspections of safety, sanitation and food handling practices that
have been successfully implemented in the city of New York.

These letter grading systems lend necessary transparency to the
inspection process and ensure that the public is fully aware of any
potential safety hazards. In this way the public can be a better


educated consumer and supermarkets will be encouraged to seek the
highest standards of sanitation and food handling practices.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become law;
provided, however, that effective immediately, any rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized to be made on or before such date.

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

                                  6216

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  establishment of a letter grading system for supermarkets

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 501 to read as follows:
  S  501.  SUPERMARKET  GRADING SYSTEM. 1. FOR PURPOSES OF THIS SECTION,
"SUPERMARKET" SHALL MEAN ANY ESTABLISHMENT THAT PREDOMINATELY ENGAGES IN
THE SALE OF GROCERIES.
  2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM  FOR  GRADING  INSPECTION
RESULTS FOR SUPERMARKETS. 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  GRADING,  THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE
PROVISIONS OF THE STATE 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 LAW.
  3.  ANY SUPERMARKET 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 SUPERMARKET RECEIV-
ING  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  SUPERMARKET  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  SHALL  DELIVER  FOR
POSTING  A  LETTER TO THE SUPERMARKET WHICH INDICATES THE GRADE FOR SUCH
INSPECTION. IN ADDITION TO A  LETTER  GRADE,  SUCH  ESTABLISHMENT  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13348-01-3

S. 6216                             2

RECEIVE  THE  FINDINGS  UPON WHICH SUCH GRADE IS BASED.  THE SUPERMARKET
MAY APPEAL SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE  DESIGNATION  TO
THE COMMISSIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE
ANY APPEAL IS PENDING, A SUPERMARKET SHALL POST THE LETTER GRADE THAT IS
BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
SUPERMARKETS MAY BE AS FOLLOWS:
  (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
  (B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE  EVERY  NINE
MONTHS; AND
  (C)  FOR  ESTABLISHMENTS  WITH A GRADE OF "C", AT LEAST ONCE EVERY SIX
MONTHS.
  5. AFTER AN INSPECTION IS CONDUCTED PURSUANT TO SUBDIVISION  THREE  OF
THIS  SECTION,  A  SUPERMARKET MAY REQUEST A REINSPECTION FROM THE LOCAL
HEALTH OFFICER, AND 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
RETAIL  SERVICE  ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM A MEMBER
OF THE PUBLIC.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ESTABLISHMENTS:
  (A) OPERATED IN COLLEGE OR UNIVERSITY CAMPUSES OR CORRECTIONAL FACILI-
TIES; OR
  (B) SPONSORED BY A CHARITABLE ORGANIZATION.
  S 2. This act shall take effect one year after it  shall  have  become
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 to be made on or before such date.

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