S T A T E O F N E W Y O R K
________________________________________________________________________
3052
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
___________
Introduced by M. of A. KIM, VANEL, PHEFFER AMATO, NIOU, ORTIZ, ABBATE,
McDONOUGH, JONES, COLTON, D'URSO -- read once and referred to the
Committee on Health
AN ACT to direct cities with a population of one million or more which
employ health inspectors to oversee the compliance of restaurants and
food establishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known as and may be cited as
the "restaurant owner whistleblower protection act".
§ 2. a. All cities with a population of one million or more which
employ health inspectors to oversee the compliance of restaurants and
food establishments with local health regulations shall establish an
independent oversight body to receive anonymous complaints about health
inspectors from restaurant owners or employees.
b. Such independent oversight body shall investigate any consistent
reporting about health inspectors from restaurant owners or employees
and shall refer such cases to the city's investigative agency.
c. Such independent oversight body shall provide:
i. a hotline number and website to intake complaints provided in the
following languages: Arabic; Bengali; Chinese; French; Haitian-Creole;
Korean; Russian; Spanish and Urdu; and
ii. an annual summary report to the restaurant associations and the
public of complaints by restaurant owners, that includes how many total
complaints, top type of complaints, and investigative findings.
§ 3. All cities with a population of one million or more which employ
health inspectors to oversee the compliance of restaurants and food
establishments with local health regulations shall establish a process
by which restaurants and food establishments can refuse to participate
in an inspection by paying a fee to reschedule the inspection visit, up
to three times. The fees to be imposed shall be:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03814-01-9
A. 3052 2
a. seventy-five dollars paid by the restaurant or food establishment
to the agency employing the health inspector for the first time resched-
uling;
b. one hundred fifty dollars paid by the restaurant or food establish-
ment to the agency employing the health inspector for a second resched-
uling; and
c. two hundred fifty dollars paid by the restaurant or food establish-
ment to the agency employing the health inspector for a third reschedul-
ing.
§ 4. This act shall take effect immediately.