S T A T E O F N E W Y O R K
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6146
2017-2018 Regular Sessions
I N A S S E M B L Y
February 27, 2017
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Introduced by M. of A. MOYA -- read once and referred 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-f to read as follows:
§ 1352-F. 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
THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OR PUSHCART OF ITS GRADE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00090-01-7
A. 6146 2
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.
§ 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.