NY State Senate Bill 2017-S592A

Senate Bill S592A

2017-2018 Legislative Session

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 over 1 million

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	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

- May 23, 2017 - Floor Vote
  S592A
  
  57
  
  Aye
  
  5
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2017
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (5)
      
      Comrie
      
      DeFrancisco
      
      Murphy
      
      O'Mara
      
      Tedisco
  Mar 21, 2017 - Rules Committee Vote
  S592A
  
  13
  
  Aye
  
  4
  
  Nay
  
  8
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Mar 21, 2017
      
      aye (13)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Kennedy
      
      Little
      
      Marcellino
      
      Robach
      
      Savino
      
      Seward
      
      Valesky
      
      nay (4)
      
      DeFrancisco
      
      Krueger
      
      Larkin
      
      Parker
      
      aye wr (8)
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Lanza
      
      Montgomery
      
      Ranzenhofer
      
      Squadron
      
      Stewart-Cousins

Bill Amendments

Original

B (Active)

2017-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

2017-S592 - Summary

2017-S592 - Sponsor Memo

                                 BILL NUMBER:  S592

 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 pushcarts in cities having a population of two million or
more

 PURPOSE :

Directs Commissioner of Health to establish a grading system to
classify the result of an inspection of pushcarts in cities over two
million.

 SUMMARY OF PROVISIONS :

Amends the public health law by adding section 1352-f, directing the
Commissioner of Health to establish an inspection regime and grading
system for the safety and sanitation of mobile food service
establishments and pushcarts.

Section 2 requires the establishment of a letter grading system.

Section 3 establishes posting requirements for letter grades, directs
for follow-up inspections and sets up an appeals process.

Section 4 suggests possible inspection frequency.

Section 5 exempts pushcarts sponsored by charitable organizations.

 JUSTIFICATION :

There are over 5,000 mobile food vendors in New York City 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. Requiring letter grade inspection results will assure
consumers that mobile food is clean and safe for consumption.
Additionally, this system could actually improve business for the many
vendors who already conform to sanitary requirements.

 LEGISLATIVE HISTORY :

2015-2016-S.1311A
2013-2014 - S.43
2011-12: S.6047

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law.

2017-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.

2017-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

2017-S592A - Summary

2017-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

2017-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

2017-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

2017-S592B (ACTIVE) - Summary

2017-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.

2017-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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