senate Bill S7747B

2013-2014 Legislative Session

Relates to food service in funeral establishments

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 23, 2014 referred to health
Jun 20, 2014 delivered to assembly
passed senate
ordered to third reading cal.1700
committee discharged and committed to rules
Jun 17, 2014 print number 7747b
amend and recommit to health
Jun 16, 2014 print number 7747a
amend and recommit to health
Jun 04, 2014 referred to health

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

view additional co-sponsors

S7747 - Bill Details

See Assembly Version of this Bill:
A9950A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §3444, Pub Health L

S7747 - Bill Texts

view summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

view sponsor memo
BILL NUMBER:S7747

TITLE OF BILL: An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE: To give families of deceased individuals the option of
consuming food and beverages in a funeral home.

SUMMARY OF PROVISIONS: Adds new Public Health Law § 3444 to provide
that a funeral establishment may provide space, facilities, equipment
or supplies for the preparation, sale, service, distribution, or
consumption of food or beverages in the funeral establishments to or
by persons in the funeral establishment for the purpose of arranging
for, attending, or participating in the care and preparation of a body
of a deceased person for disposition, mourning, a funeral or memorial
ceremony or service, or an open house or similar community function.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment may prepare beverages and may serve food
or beverages under this section. This would not be allowed in the
embalming or preparation rooms, nor include alcoholic beverages unless
required by the decedent's or families religion.

JUSTIFICATION: For several decades, NYS regulation has had a
wide-ranging prohibition on allowing any type of food or beverage in a
funeral home, including water. This outright blanket ban was put into
place at a time when the serving and consumption of food and beverages
was limited almost exclusively to restaurants, dining halls and, of
course, homes. Indeed, the regulation was supported at that time by
the funeral service sector. This bill would over-ride that that
regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the
very presence and consumption of food and beverages is part and parcel
of virtually every type of gathering or event. This most certainly
includes funeral and memorial services, which themselves have
transformed from strictly solemn events to occasions where the
deceased is remembered through more of a life celebration.

With this in mind, it is a most appropriate time in our societal
anthology to permit funeral directors to provide additional comfort to
the family, friends and loved ones of a deceased person by allowing
them to make available food and/or beverages to these grieving
individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and
beverages in a funeral home, providing some needed additional comfort
at a time of need.

The bill would rightfully prohibit any food or beverage in a funeral
home's embalming and preparation room. Alcoholic beverages would also
be prohibited in a funeral establishment, unless religious practices
demand otherwise.


LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: 180 days after it becomes a law.

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

                                  7747

                            I N  S E N A T E

                              June 4, 2014
                               ___________

Introduced  by  Sen.  LITTLE -- 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  food  service  in
  funeral 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
3444 to read as follows:
  S  3444.  FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A FUNERAL ESTAB-
LISHMENT MAY PROVIDE SPACE, FACILITIES, EQUIPMENT OR  SUPPLIES  FOR  THE
PREPARATION,  SALE,  SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF FOOD OR
BEVERAGES IN THE FUNERAL ESTABLISHMENT TO OR BY PERSONS IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER  NOT OWNED BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT. EMPLOYEES
OF THE FUNERAL ESTABLISHMENT MAY PREPARE BEVERAGES AND MAY SERVE FOOD OR
BEVERAGES UNDER THIS SECTION.
  (C) NO ACTIVITIES UNDER THIS SECTION SHALL TAKE PLACE IN THE EMBALMING
OR PREPARATION ROOM OF THE FUNERAL ESTABLISHMENT, UNLESS REQUIRED BY THE
RELIGIOUS PRACTICES OF THE DECEASED  PERSON  OR  THE  DECEASED  PERSON'S
FAMILY AND SUBJECT TO OTHERWISE APPLICABLE LAW AND REGULATIONS.
  NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE RELIGIOUS  PRACTICES  OF  THE
DECEASED  PERSON  OR THE DECEASED PERSON'S FAMILY, AND SUBJECT TO OTHER-
WISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL  NOT
BE DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER
THIS SECTION.
  S 2. This act shall take effect one hundred eighty days after it shall
become a law, provided that the commissioner of health is authorized and
directed  to make regulations and take other actions necessary to imple-
ment this act on that date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15463-01-4

Co-Sponsors

view additional co-sponsors

S7747A - Bill Details

See Assembly Version of this Bill:
A9950A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §3444, Pub Health L

S7747A - Bill Texts

view summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

view sponsor memo
BILL NUMBER:S7747A

TITLE OF BILL: An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE: To give families of deceased individuals the option of
consuming food and beverages in a funeral home.

SUMMARY OF PROVISIONS: Adds new Public Health Law § 3444 to provide
that a funeral establishment may provide space, facilities, equipment
or supplies for the sale, service, distribution, or consumption of
food or beverages in the funeral establishments to or by persons in
the funeral establishment for the purpose of arranging for, attending,
or participating in the care and preparation of a body of a deceased
person for disposition, mourning, a funeral or memorial ceremony or
service, or an open house or similar community function.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment may prepare beverages and may serve food
or beverages under this section.

This would not include alcoholic beverages unless required by the
decedent's or families religion.

JUSTIFICATION: For several decades, NYS regulation has had a
wide-ranging prohibition on allowing any type of food or beverage in a
funeral home, including water. This outright blanket ban was put into
place at a time when the serving and consumption of food and beverages
was limited almost exclusively to restaurants, dining halls and, of
course, homes. Indeed, the regulation was supported at that time by
the funeral service sector. This bill would over-ride that that
regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the
very presence and consumption of food and beverages is part and parcel
of virtually every type of gathering or event. This most certainly
includes funeral and memorial services, which themselves have
transformed from strictly solemn events to occasions where the
deceased is remembered through more of a life celebration.

With this in mind, it is a most appropriate time in our societal
anthology to permit funeral directors to provide additional comfort to
the family, friends and loved ones of a deceased person by allowing
them to make available food and/or beverages to these grieving
individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and
beverages in a funeral home, providing some needed additional comfort
at a time of need.

The bill would rightfully prohibit any food or beverage in a funeral
home's embalming and preparation room. Alcoholic beverages would also


be prohibited in a funeral establishment, unless religious practices
demand otherwise.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: 180 days after it becomes a law.

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

                                 7747--A

                            I N  S E N A T E

                              June 4, 2014
                               ___________

Introduced  by Sens. LITTLE, CARLUCCI, GALLIVAN, LARKIN, MAZIARZ, SAVINO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to  food  service  in
  funeral 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
3444 to read as follows:
  S  3444.  FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A FUNERAL ESTAB-
LISHMENT MAY PROVIDE SPACE, FACILITIES, EQUIPMENT OR  SUPPLIES  FOR  THE
SALE,  SERVICE,  DISTRIBUTION OR CONSUMPTION OF FOOD OR BEVERAGES IN THE
FUNERAL ESTABLISHMENT TO OR BY PERSONS IN THE FUNERAL ESTABLISHMENT  FOR
THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPATING IN THE CARE AND
PREPARATION  OF A BODY OF A DECEASED PERSON FOR DISPOSITION, MOURNING, A
FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR AN  OPEN  HOUSE  OR  SIMILAR
COMMUNITY  FUNCTION,  PROVIDED,  HOWEVER,  THAT  NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO AUTHORIZE  A  FUNERAL  ESTABLISHMENT  FROM  MAKING
AVAILABLE  FOOD OR BEVERAGES AT AN EVENT OR FUNCTION THAT IS NOT RELATED
TO THE BUSINESS AND  PRACTICE  OF  FUNERAL  DIRECTING  OR  AS  EXPRESSLY
PROVIDED IN THIS SECTION.
  (B)  ACTIVITIES  UNDER  THIS SECTION MAY INCLUDE LIMITED SERVICES OF A
CATERER NOT OWNED  BY  OR  AFFILIATED  WITH  THE  FUNERAL  ESTABLISHMENT
INCLUDING  THE FOLLOWING: DANISH, COOKIES, SANDWICHES, ASSORTED PLATTERS
AND HOT TRAYS OF FOODS. UNDER THIS SECTION, ACTIVITIES OF  EMPLOYEES  OF
THE FUNERAL ESTABLISHMENT ARE LIMITED TO PREPARING BEVERAGES AND SERVING
FOOD OR BEVERAGES.
  (C)  NO ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF
ANY ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE  RELIGIOUS  PRACTICES  OF
THE  DECEASED  PERSON  OR  THE  DECEASED PERSON'S FAMILY, AND SUBJECT TO
OTHERWISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL
NOT  BE  DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES
UNDER THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15463-03-4

S. 7747--A                          2

  S 2. This act shall take effect one hundred eighty days after it shall
become a law, provided that the commissioner of health is authorized and
directed to make regulations and take other actions necessary to  imple-
ment this act on that date.

Co-Sponsors

view additional co-sponsors

S7747B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9950A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §3444, Pub Health L

S7747B (ACTIVE) - Bill Texts

view summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

view sponsor memo
BILL NUMBER:S7747B

TITLE OF BILL: An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE OR GENERAL IDEA OF BILL:

To give families of deceased individuals the option of consuming food
and beverages in a funeral home.

SUMMARY OF PROVISIONS:

Adds new Public Health Law § 3444 to provide that a funeral establish-
ment may provide space, facilities, equipment or supplies for the prepa-
ration, sale, service, distribution, or consumption of food or beverages
in the funeral establishments to or by persons in the funeral establish-
ment for the purpose of arranging for, attending, or participating in
the care and preparation of a body of a deceased person for disposition,
mourning, a funeral or memorial ceremony or service, or an open house or
similar community function that is related to the business of funeral
directing.

Activities under this section may include the services of a caterer not
owned by or affiliated with the funeral establishment. Employees of the
funeral establishment are limited to preparing beverages and serving
food or beverages under this section.

This would not include alcoholic beverages unless required by the
decedent's or family's religion.

JUSTIFICATION:

For several decades, NYS regulation has had a wide-ranging prohibition
on allowing any type of food or beverage in a funeral home, including
water. This outright blanket ban was put into place at a time when the
serving and consumption of food and beverages was limited almost exclu-
sively to restaurants, dining halls and, of course, homes. Indeed, the
regulation was supported at that time by the funeral service sector.
This bill would over-ride that regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the very
presence and consumption of food and beverages is part and parcel of
virtually every type of gathering or event. This most certainly includes
funeral and memorial services, which themselves have transformed from
strictly solemn events to occasions where the deceased is remembered
through more of a life celebration. With this in mind, it is a most
appropriate time in our societal anthology to permit funeral directors
to provide additional comfort to the family, friends and loved ones of a
deceased person by allowing them to make available food and/or beverages
to these grieving individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and bever-
ages in a funeral home, providing some needed additional comfort at a
time of need.

The bill would rightfully prohibit alcoholic beverages in a funeral
establishment, unless religious practices demand otherwise.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after it becomes a law.

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

                                 7747--B

                            I N  S E N A T E

                              June 4, 2014
                               ___________

Introduced  by Sens. LITTLE, CARLUCCI, GALLIVAN, LARKIN, MAZIARZ, SAVINO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the public health law, in relation to food service in
  funeral 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
3444 to read as follows:
  S 3444. FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A  FUNERAL  ESTAB-
LISHMENT  MAY  PROVIDE  SPACE, FACILITIES, EQUIPMENT OR SUPPLIES FOR THE
PREPARATION, SALE, SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF  FOOD  OR
BEVERAGES,  IN  THE  NATURE  OF  INCIDENTAL  REFRESHMENTS (SUCH AS BAKED
GOODS, SANDWICHES, SNACKS, PLATTERS AND HOT TRAYS) OR THOSE REQUIRED  BY
THE  RELIGIOUS PRACTICES OF THE DECEASED PERSON OR THE DECEASED PERSON'S
FAMILY, IN THE FUNERAL ESTABLISHMENT TO OR BY  PERSONS  IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION THAT IS RELATED TO THE BUSINESS
OF FUNERAL DIRECTING.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER  NOT  OWNED  BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT.  ACTIV-
ITIES OF FUNERAL ESTABLISHMENT EMPLOYEES SHALL BE LIMITED  TO  PREPARING
BEVERAGES AND SERVING FOOD OR BEVERAGES UNDER THIS SECTION.
  NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE RELIGIOUS  PRACTICES  OF  THE
DECEASED  PERSON  OR THE DECEASED PERSON'S FAMILY, AND SUBJECT TO OTHER-
WISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL  NOT
BE DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER
THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15463-06-4

S. 7747--B                          2

  S 2. This act shall take effect one hundred eighty days after it shall
become a law, provided that the commissioner of health is authorized and
directed  to make regulations and take other actions necessary to imple-
ment this act on that date.

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