NY State Senate Bill S592B

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health returned to senate died in assembly
May 23, 2017	referred to health delivered to assembly passed senate
May 08, 2017	amended on third reading 592b
Mar 21, 2017	ordered to third reading cal.441 committee discharged and committed to rules print number 592a
Mar 21, 2017	amend (t) and recommit to health
Jan 04, 2017	referred to health

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S592 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6047
2013-2014: S43
2015-2016: S1311

S592 - Summary

Directs the city department of health and mental hygiene to establish a grading system to classify the result of an inspection of mobile food service establishments and pushcarts in cities with a population over 1 million.

S592 - Sponsor Memo

S592 - Bill Text download pdf


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

                                   592

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen. PERALTA -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00090-01-7

S. 592                              2

THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OR PUSHCART OF  ITS  GRADE
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.

S592A - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6047
2013-2014: S43
2015-2016: S1311

S592A - Summary

S592A - Sponsor Memo

 BILL NUMBER:  S592A

 TITLE OF BILL :  An act to amend the public health law, in relation
to the establishment of a letter grading system to classify inspection
results for mobile food service establishments and pushcarts in cities
having a population of one million or more

 PURPOSE :

Directs the New York City Department of Health and Mental Hygiene to
establish a grading system to classify the results of inspections of
mobile food service establishments and pushcarts in the City of New
York.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends the public health law by adding a new
section 1352-f, which directs the Commissioner of Health and Mental
Hygiene in the City of New York to establish an inspection regime and
grading system for the safety and sanitation of mobile food service
establishments (food trucks) and pushcarts. This section allows
vendors of mobile food service establishments and pushcarts to appeal
a letter grading and gives them the right to be reinspected if they so
choose to correct any previous violations.

Exceptions are also carved out from the letter grading system for a

mobile food service establishment or pushcart that is sponsored by a
charitable organization to operate a soup kitchen or to operate a food
distribution program for seniors, veterans, disabled persons, or
low-income individuals and families.

Section 2 states that the bill takes effect ninety days after becoming
law.   JUSTIFICATION :

There are over 5,000 mobile food vendors in the City of New York
providing millions of meals to New Yorkers. The increasing ubiquity of
these vendors has raised concerns over whether the food they provide
is safe and sanitary. Currently, the City of New York inspects and
provides letter grades for restaurants throughout the City. The City's
Department of Health and Mental Hygiene also currently inspects mobile
food service establishments and pushcarts, issuing violations of
sanitary code violations. This bill would require the inspection data
to be converted into a letter grade so that the public knows that the
food they eat and enjoy from pushcarts and food trucks is clean and
safe for consumption. Additionally, this system could improve business
for the many pushcart and food truck vendors who already conform to
sanitary requirements by notifying the public via letter grade that
their food is just as safe to eat as in a restaurant establishment.

 LEGISLATIVE HISTORY :

S.1311A (2016) - Referred to Health Committee
S.1311 (2015) - Referred to Health Committee

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
This act shall take effect ninety days after the bill becomes law

S592A - Bill Text download pdf


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

                                 592--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen. PERALTA -- 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 the establishment
  of a letter grading system to classify inspection results  for  mobile
  food  service  establishments  and  pushcarts in cities having 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-f to read as follows:
  § 1352-F. MOBILE  FOOD  SERVICE  ESTABLISHMENT  AND  PUSHCART  GRADING
SYSTEM; CITIES OF ONE MILLION OR MORE. 1.  FOR PURPOSES OF THIS SECTION,
THE TERM "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH AND MENTAL
HYGIENE  OF  A  CITY HAVING A POPULATION OF ONE MILLION OR MORE, AND THE
TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM  FOR  GRADING  INSPECTION
RESULTS  FOR MOBILE FOOD SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED
IN THE STATE SANITARY CODE.
  3. 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. THE DEPARTMENT SHALL ISSUE  A  LETTER
GRADE  FOR  A  MOBILE  FOOD  SERVICES ESTABLISHMENT OR PUSHCART FOR THAT
CYCLE AFTER ANY HEARING OR DISPUTE REGARDING SUCH SCORING  IS  RESOLVED.
IN  ESTABLISHING  A  SYSTEM OF GRADING, THE COMMISSIONER SHALL TAKE INTO
ACCOUNT THE PROVISIONS OF THIS TITLE AND THE  PROVISIONS  OF  THE  STATE
SANITARY CODE TO ESTABLISH A GRADING SYSTEM THAT REFLECTS THE SAFETY AND

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

                                                           LBD00090-02-7

S. 592--A                           2

SANITATION OF THE PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLI-
ANCE WITH STATE AND LOCAL HEALTH LAWS.
  4.  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 RECENTLY GRADED INSPECTION OF THE ESTAB-
LISHMENT OR PUSHCART BY THE DEPARTMENT. SUCH POSTING SHALL  BE  DONE  IN
ACCORDANCE  WITH  RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
THE DEPARTMENT SHALL ADVISE EACH ESTABLISHMENT AND PUSHCART OF ITS GRADE
AND PROVIDE THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE MOBILE FOOD
SERVICE ESTABLISHMENT OR PUSHCART MUST POST THE LETTER GRADE UNLESS  THE
ESTABLISHMENT  OR  PUSHCART  HAS  FILED  AN APPEAL WITH THE COMMISSIONER
WITHIN SEVEN DAYS OF RECEIVING THE LETTER GRADE.
  5. THE DEPARTMENT SHALL CONDUCT A SUBSEQUENT INSPECTION OF SUCH MOBILE
FOOD SERVICE ESTABLISHMENT OR PUSHCART NO SOONER THAN FOURTEEN DAYS, NOR
LATER THAN THIRTY DAYS AFTER THE INSPECTION AT WHICH THE GRADE WAS GIVEN
IF THE MOBILE FOOD SERVICE ESTABLISHMENT OR PUSHCART RECEIVED A  FAILING
GRADE.  IN  THE  INTERIM,  THE PREVIOUS LETTER GRADE SHALL REMAIN POSTED
UNLESS AN APPEAL IS PENDING BY THE MOBILE FOOD SERVICE ESTABLISHMENT  OR
PUSHCART.  UPON THE CONCLUSION OF THE SUBSEQUENT INSPECTION, THE DEPART-
MENT SHALL DELIVER FOR POSTING A LETTER GRADE TO THE MOBILE FOOD SERVICE
ESTABLISHMENT OR PUSHCART WHICH INDICATES THE GRADE FOR SUCH INSPECTION,
AND THE DEPARTMENT SHALL PROVIDE THE FINDINGS UPON WHICH  THE  GRADE  IS
BASED.
  6.  THE  MOBILE  FOOD SERVICE ESTABLISHMENT OR PUSHCART MAY APPEAL THE
SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE  COMMISSIONER
FOR  REVIEW  WITHIN  SEVEN  DAYS  OF SUCH ASSIGNMENT. DURING THE TIME AT
WHICH THE APPEAL IS PENDING, THE MOBILE FOOD  SERVICE  ESTABLISHMENT  OR
PUSHCART  SHALL  NOT  BE REQUIRED TO POST THE LETTER GRADE THAT IS BEING
APPEALED.
  7. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULES  INSPECTIONS  OF
MOBILE 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.
  8. A MOBILE FOOD SERVICE ESTABLISHMENT OR  PUSHCART  THAT  REQUESTS  A
REINSPECTION FROM THE DEPARTMENT 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  THE  DEPARTMENT  TO
INSPECT  ANY  MOBILE FOOD SERVICE ESTABLISHMENT OR PUSHCART ON THE BASIS
OF A COMPLAINT FROM A MEMBER OF THE PUBLIC.
  9. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  A  MOBILE  FOOD
SERVICE  ESTABLISHMENT  OR  PUSHCART  WHICH IS SPONSORED BY A CHARITABLE
ORGANIZATION TO OPERATE  A  SOUP  KITCHEN  OR  OTHER  FOOD  DISTRIBUTION
PROGRAM  FOR THE ELDERLY, VETERANS, LOW INCOME INDIVIDUALS AND FAMILIES,
OR THE DISABLED.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  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 promulgated and completed on
or before such date.

Co-Sponsors

S592B (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6047
2013-2014: S43
2015-2016: S1311

S592B (ACTIVE) - Summary

S592B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S592B             Revised 05/23/17

 TITLE OF BILL :

An act to amend the public health law, in relation to the
establishment of a letter grading system to classify inspection
results for mobile food service establishments and pushcarts in cities
having a population of one million or more

 PURPOSE :

Directs the New York City Department of Health and Mental Hygiene to
establish a grading system to classify the results of inspections of
mobile food service establishments and pushcarts in the City of New
York.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends the public health law by adding a new
section 1352-f, which directs the Commissioner of Health and Mental
Hygiene in the City of New York to establish an inspection regime and
grading system for the safety and sanitation of mobile food service
establishments (food trucks) and pushcarts. This section allows
vendors of mobile food service establishments and pushcarts with a
right of due process prior to any revocation or suspension of a
vending license due to violations of this new section.

Exceptions are also carved out from the letter grading system for a
mobile food service establishment or pushcart that is sponsored by a
charitable organization to operate a soup kitchen or to operate a food
distribution program for seniors, veterans, disabled persons, or
low-income individuals and families.

Section 2 sets forth the effective date.

 JUSTIFICATION :

There are over 5,000 mobile food vendors in the City of New York
providing millions of meals to New Yorkers. The increasing ubiquity of
these vendors has raised concerns over whether the food they provide
is safe and sanitary. Currently, the City of New York inspects and
provides letter grades for restaurants throughout the City. The City's
Department of Health and Mental Hygiene also currently inspects mobile
food service establishments and pushcarts, issuing violations of
sanitary code violations. This bill would require the inspection data
to be converted into a letter grade so that the public knows that the
food they eat and enjoy from pushcarts and food trucks is clean and
safe for consumption. Additionally, this system could improve business
for the many pushcart and food truck vendors who already conform to
sanitary requirements by notifying the public via letter grade that
their food is just as safe to eat as in a restaurant establishment.

 LEGISLATIVE HISTORY :

S.1311A (2016) - Referred to Health Committee
S.1311 (2015) - Referred to Health Committee

 FISCAL IMPLICATION :

None to the State.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a 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 promulgated and completed on or
before such date.

S592B (ACTIVE) - Bill Text download pdf


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

                                 592--B
    Cal. No. 441

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen. PERALTA -- 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 and said bill committed to
  the Committee on Rules -- ordered to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT to amend the public health law, in relation to the establishment
  of a letter grading system to classify inspection results  for  mobile
  food  service  establishments  and  pushcarts in cities having 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-f to read as follows:
  § 1352-F. MOBILE  FOOD  SERVICE  ESTABLISHMENT  AND  PUSHCART  GRADING
SYSTEM; CITIES OF ONE MILLION OR MORE. 1.  FOR PURPOSES OF THIS SECTION,
THE  TERMS "MOBILE FOOD SERVICE ESTABLISHMENT" AND "PUSHCART" SHALL HAVE
THE SAME DEFINITIONS AS PROVIDED IN THE  SANITARY  CODE,  AND  THE  TERM
"DEPARTMENT" SHALL MEAN THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF A
CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  2.  THE  DEPARTMENT SHALL ESTABLISH AND IMPLEMENT A SYSTEM FOR GRADING
AND CLASSIFYING INSPECTION RESULTS FOR MOBILE  FOOD  SERVICE  ESTABLISH-
MENTS  AND  PUSHCARTS.    SUCH  SYSTEM SHALL USE LETTERS TO IDENTIFY AND
REPRESENT AN ESTABLISHMENT'S AND PUSHCART'S DEGREE  OF  COMPLIANCE  WITH
THE SANITARY CODE AND OTHER APPLICABLE LAWS THAT REQUIRE SUCH ESTABLISH-
MENTS AND PUSHCARTS TO OPERATE IN A SANITARY MANNER SO AS TO PROTECT THE
PUBLIC  HEALTH. THE LETTER A SHALL BE THE GRADE REPRESENTING THE HIGHEST
DEGREE OF COMPLIANCE WITH SUCH CODE AND LAWS.

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

                                                           LBD00090-11-7

S. 592--B                           2

  3. THE DEPARTMENT SHALL ADVISE EACH ESTABLISHMENT OR PUSHCART  OF  THE
INSPECTION GRADE RECEIVED AND SHALL PROVIDE THE FINDINGS UPON WHICH SUCH
GRADE IS BASED.
  4.  THE  DEPARTMENT  SHALL PROMULGATE RULES REQUIRING EACH SUCH MOBILE
FOOD SERVICE ESTABLISHMENT AND PUSHCART TO CONSPICUOUSLY POST THE LETTER
GRADE ISSUED TO THE MOBILE FOOD SERVICE ESTABLISHMENT OR PUSHCART BY THE
DEPARTMENT. SUCH RULES  MAY  REQUIRE  THAT  EACH  PERMITTEE  ENABLE  THE
DEPARTMENT  TO  IDENTIFY  THE  MOBILE  FOOD  SERVICE ESTABLISHMENT'S AND
PUSHCART'S LOCATION AT THE TIME THE MOBILE FOOD SERVICE ESTABLISHMENT OR
PUSHCART IS OPERATING, INCLUDING ELECTRONICALLY OR BY  SUBMISSION  OF  A
TRAVEL ROUTE BY EACH SUCH MOBILE FOOD SERVICE ESTABLISHMENT AND PUSHCART
TO  THE DEPARTMENT. SUCH RULES MAY ALSO REQUIRE THAT A PERMIT TO OPERATE
THE MOBILE FOOD SERVICE ESTABLISHMENT OR PUSHCART OR A LICENSE  TO  VEND
FROM SUCH MOBILE FOOD SERVICE ESTABLISHMENT OR PUSHCART MAY BE SUSPENDED
OR  PERMANENTLY  REVOKED AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD FOR
FAILURE TO COMPLY WITH RULES REGARDING LOCATION TRACKING.
  5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  A  MOBILE  FOOD
SERVICE  ESTABLISHMENT  OR  PUSHCART  THAT  IS  OPERATED BY A CHARITABLE
ORGANIZATION SOLELY TO DISTRIBUTE FOOD FREE OF  CHARGE  TO  THE  PUBLIC,
INCLUDING  BUT  NOT  LIMITED TO SOUP KITCHENS OR OTHER FOOD DISTRIBUTION
PROGRAMS FOR THE ELDERLY, VETERANS, LOW INCOME INDIVIDUALS AND FAMILIES,
OR THE DISABLED.
  6. NOTHING IN THIS SECTION SHALL AFFECT THE AUTHORITY OF  THE  DEPART-
MENT  TO TAKE ANY OTHER ACTION NECESSARY TO PROTECT THE PUBLIC HEALTH OR
TO ENFORCE THE PROVISIONS OF THE SANITARY CODE OR ANY OTHER LAW OR  RULE
APPLICABLE  TO  THE  OPERATION OF A MOBILE FOOD SERVICE ESTABLISHMENT OR
PUSHCART.
  § 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 to be promulgated and completed on or before
such date.

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The New York State Senate

senate Bill S592B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Votes

May 23, 2017 - floor Vote

Floor Vote: May 23, 2017

Mar 21, 2017 - Rules committee Vote

Committee Vote: Mar 21, 2017

Bill Amendments

S592 - Details

S592 - Summary

S592 - Sponsor Memo

S592 - Bill Text download pdf

S592A - Details

S592A - Summary

S592A - Sponsor Memo

S592A - Bill Text download pdf

Co-Sponsors

S592B (ACTIVE) - Details

S592B (ACTIVE) - Summary

S592B (ACTIVE) - Sponsor Memo

S592B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S592B

Share this bill

Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Votes

May 23, 2017 - floor Vote

Floor Vote: May 23, 2017

Mar 21, 2017 - Rules committee Vote

Committee Vote: Mar 21, 2017

Bill Amendments

S592 - Details

S592 - Summary

S592 - Sponsor Memo

S592 - Bill Text download pdf

S592A - Details

S592A - Summary

S592A - Sponsor Memo

S592A - Bill Text download pdf

Co-Sponsors

Tony Avella

S592B (ACTIVE) - Details

S592B (ACTIVE) - Summary

S592B (ACTIVE) - Sponsor Memo

S592B (ACTIVE) - Bill Text download pdf

Comments