S T A T E   O F   N E W   Y O R K
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                                  4764

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, the labor law and the administra-
  tive code of the city of New York, in relation to providing notice  to
  restaurants of any regulation changes

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

  Section 1. Section 1351 of the public health law is amended to read as
follows:
  S 1351. Food places; duty to permit inspections; NOTICE OF  REGULATION
CHANGES.    1. Every owner, operator, lessor, lessee or person in charge
of any hotel, restaurant, dining room,  dining  car,  drug  store,  soda
fountain,  steamboat  or other place engaged in the preparation, sale or
service of food for and to the general  public,  and  every  officer  or
other person in charge of any public, penal or charitable institution in
this  state, shall permit the commissioner or his duly authorized agents
or employees to have access to all parts of any and all of  such  places
herein  mentioned  wherein  food  is  stored, prepared or served for the
purpose of ascertaining whether  the  provisions  of  sections  thirteen
hundred  fifty  to thirteen hundred fifty-two, inclusive, of this [chap-
ter] TITLE, and the provisions of the sanitary code  and  provisions  of
local ordinances or regulations are being observed.
  2. ANY STATE, CITY OR LOCAL REGULATORY BODY, INCLUDING THE DEPARTMENT,
RESPONSIBLE  FOR  SETTING  AND/OR ENFORCING HEALTH STANDARDS FOR RESTAU-
RANTS AND/OR OTHER EATING ESTABLISHMENTS SHALL:
  (A) NOTIFY SUCH ESTABLISHMENTS IN WRITING OF ANY NEW OR AMENDED  RULES
AND REGULATIONS AFFECTING SUCH ESTABLISHMENTS; AND
  (B)  PROVIDE  AT  LEAST SIXTY DAYS AFTER THE NOTICE DESCRIBED IN PARA-
GRAPH (A) OF THIS SUBDIVISION IS RENDERED BEFORE ENFORCING SUCH  NEW  OR
AMENDED REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07328-01-5

              

S. 4764                             2

  S  2.  The labor law is amended by adding a new section 383 to read as
follows:
  S  383.  RESTAURANT  NOTIFICATION  OF NEW OR AMENDED REGULATIONS.  ANY
STATE, CITY OR LOCAL REGULATORY BODY, INCLUDING THE DEPARTMENT RESPONSI-
BLE FOR SETTING AND/OR ENFORCING HEALTH STANDARDS FOR RESTAURANTS AND/OR
OTHER EATING ESTABLISHMENTS SHALL:
  1. NOTIFY SUCH ESTABLISHMENTS IN WRITING OF ANY NEW OR  AMENDED  RULES
AND REGULATIONS AFFECTING SUCH ESTABLISHMENTS; AND
  2.  PROVIDE AT LEAST SIXTY DAYS AFTER THE NOTICE DESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION  IS  RENDERED  BEFORE  ENFORCING  SUCH  NEW  OR
AMENDED REGULATIONS.
  S  3.  The  administrative  code of the city of New York is amended by
adding a new section 17-324.1 to read as follows:
  S 17-324.1 RESTAURANT NOTIFICATION OF NEW OR AMENDED REGULATIONS.  ANY
STATE, CITY OR LOCAL REGULATORY BODY,  RESPONSIBLE  FOR  SETTING  AND/OR
ENFORCING  HEALTH  STANDARDS  FOR RESTAURANTS AND/OR OTHER EATING ESTAB-
LISHMENTS SHALL:
  1. NOTIFY SUCH ESTABLISHMENTS IN WRITING OF ANY NEW OR  AMENDED  RULES
AND REGULATIONS AFFECTING SUCH ESTABLISHMENTS; AND
  2.  PROVIDE AT LEAST SIXTY DAYS AFTER THE NOTICE DESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION  IS  RENDERED  BEFORE  ENFORCING  SUCH  NEW  OR
AMENDED REGULATIONS.
  S 4. This act shall take effect immediately.