Senate Bill S814

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

                                   814

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  establishing  a
  public  food  vending  business grading system for cities with a popu-
  lation of one 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. PUBLIC FOOD VENDING BUSINESS GRADING SYSTEM.    1.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  A. "FOOD VENDOR" SHALL MEAN A PERSON  WHO  HAWKS,  PEDDLES,  SELLS  OR
OFFERS FOOD FOR SALE AT RETAIL IN ANY PUBLIC SPACE;
  B.  "FOOD  VENDING  BUSINESS"  SHALL  MEAN  THE BUSINESS OF SELLING OR
OFFERING FOOD FOR SALE AT RETAIL IN A PUBLIC SPACE;
  C. "PUBLIC SPACE" SHALL MEAN ALL PUBLICLY OWNED PROPERTY  BETWEEN  THE
PROPERTY  LINES  ON  A STREET AS SUCH PROPERTY LINES ARE SHOWN ON PUBLIC
RECORDS INCLUDING, BUT NOT LIMITED TO, A PARK, PLAZA,  ROADWAYS,  SHOUL-
DER,  TREE SPACE, SIDEWALK OR PARKING SPACE BETWEEN SUCH PROPERTY LINES.
IT SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, PUBLICLY OWNED  OR  LEASED
LAND, BUILDINGS, PIERS, WHARFS, STADIUMS AND TERMINALS;
  D.  "PUSHCART" SHALL MEAN ANY WHEELED VEHICLE OR DEVICE USED BY A FOOD
VENDING BUSINESS OR FOOD VENDOR, OTHER THAN A MOTOR VEHICLE OR  TRAILER,
WHICH  MAY  BE MOVED WITH OR WITHOUT THE ASSISTANCE OF A MOTOR AND WHICH
DOES NOT REQUIRE REGISTRATION BY THE DEPARTMENT OF MOTOR VEHICLES;
  E. "VEHICLE" SHALL MEAN A MOTOR VEHICLE OR TRAILER, AS DEFINED IN  THE
VEHICLE AND TRAFFIC LAW; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04542-01-3

              

S. 814                              2

  F.  "VEND"  SHALL  MEAN TO HAWK, PEDDLE, SELL OR OFFER TO SELL FOOD AT
RETAIL IN A PUBLIC SPACE, DELIVERED  IMMEDIATELY  UPON  CONSUMMATION  OF
PURCHASE.
  2.  THE  COMMISSIONER  SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION
RESULTS FOR A FOOD VENDING BUSINESS OPERATING OUT OF PUSHCARTS AND VEHI-
CLES 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 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 LOCAL LAWS RELATING TO FOOD SANITATION IN ORDER TO ESTAB-
LISH 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.  SUCH FOOD VENDING PUSHCART OR VEHICLE SHALL CONSPICUOUSLY POST THE
LETTER GRADE IDENTIFYING  AND  REPRESENTING  THE  RESULT  OF  SUCH  FOOD
VENDOR'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 VENDING BUSINESS RECEIVING
A  GRADE  LOWER THAN "A", THE LOCAL HEALTH OFFICER SHALL ADVISE THE FOOD
VENDOR OF ITS GRADE AND THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE
LOCAL HEALTH OFFICER SHALL CONDUCT A SUBSEQUENT INSPECTION OF SUCH  FOOD
VENDING  BUSINESS  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 FOOD VENDING BUSINESS WHICH INDICATES THE GRADE
FOR SUCH INSPECTION. IN ADDITION TO A LETTER  GRADE,  SUCH  FOOD  VENDOR
SHALL  RECEIVE  THE  FINDINGS  UPON  WHICH SUCH GRADE IS BASED. THE FOOD
VENDING BUSINESS 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 VENDING BUSINESS
SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
  4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
FOOD VENDING BUSINESS MAY BE AS FOLLOWS:
  A. FOR FOOD VENDORS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR; AND
  B.  FOR  FOOD  VENDORS  WITH  A GRADE OF "B", AT LEAST ONCE EVERY NINE
MONTHS.
  5. A FOOD VENDING BUSINESS 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  VENDING  BUSINESS ON THE BASIS OF A COMPLAINT FROM A MEMBER OF THE
PUBLIC.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  A  FOOD  VENDING
BUSINESS  WHICH  IS  NOT  LOCATED  IN  A CITY HAVING A POPULATION OF ONE
MILLION OR MORE.
  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.