S T A T E O F N E W Y O R K
________________________________________________________________________
608
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sen. BENJAMIN -- 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
in cities having a population of one million or more of a letter grad-
ing system to classify inspection results for entertainment venue food
service establishments
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. ENTERTAINMENT VENUE FOOD SERVICE GRADING SYSTEM. 1. THE
COMMISSIONER SHALL ESTABLISH, FOR CITIES HAVING A POPULATION OF ONE
MILLION OR MORE, A SYSTEM FOR GRADING INSPECTION RESULTS FOR FOOD
SERVICE ESTABLISHMENTS, TEMPORARY FOOD SERVICE ESTABLISHMENTS, MOBILE
FOOD SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED IN THE STATE SANI-
TARY CODE, THAT ARE LOCATED WITHIN OR OTHERWISE OWNED, OPERATED OR
CONTROLLED BY A PLACE OF ENTERTAINMENT, INCLUDING ANY PRIVATELY OR
PUBLICLY OWNED AND OPERATED FACILITY SUCH AS A THEATRE, STADIUM, ARENA,
RACETRACK, MUSEUM, AMUSEMENT PARK OR OTHER PLACE WHERE PERFORMANCES,
CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS ARE HELD FOR WHICH A
DONATION IS RECOMMENDED OR REQUIRED, OR AN ENTRY FEE IS CHARGED.
2. THE COMMISSIONER SHALL ESTABLISH, FOR CITIES HAVING A POPULATION OF
ONE MILLION OR MORE, A SYSTEM FOR GRADING INSPECTION RESULTS FOR PLACE
OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS. SUCH SYSTEM SHALL USE AND
POST LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLAS-
SIFICATION WITH ALL OTHER LOWER GRADES BEING DEEMED TO BE FAILING
GRADES. IN ESTABLISHING SUCH SYSTEM OF GRADING, 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 COMPLI-
ANCE WITH STATE AND LOCAL HEALTH LAWS.
3. SUCH PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT SHALL
CONSPICUOUSLY POST NEAR THE ENTRANCE TO SUCH ESTABLISHMENT, OR AT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04937-01-1
S. 608 2
POINT OF SALE, THE LETTER GRADE IDENTIFYING AND REPRESENTING THE RESULT
OF SUCH ESTABLISHMENT'S MOST RECENTLY GRADED INSPECTION BY THE LOCAL
HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTION. SUCH POST-
ING SHALL BE DONE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED
BY THE COMMISSIONER. FOR ANY PLACE OF ENTERTAINMENT FOOD SERVICE ESTAB-
LISHMENT RECEIVING A GRADE LOWER THAN "A", THE LOCAL HEALTH OFFICER OR
THE ENTITY PERFORMING THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OF
ITS GRADE AND THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL
HEALTH OFFICER OR THE ENTITY WHICH PERFORMED THE INITIAL INSPECTION
SHALL CONDUCT A SUBSEQUENT INSPECTION OF SUCH PLACE OF ENTERTAINMENT
FOOD SERVICE ESTABLISHMENT 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 PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT WHICH
INDICATES THE GRADE FOR SUCH INSPECTION. IN ADDITION TO A LETTER GRADE,
SUCH ESTABLISHMENT SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS
BASED. THE PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT MAY APPEAL
SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE COMMIS-
SIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY SUCH
APPEAL IS PENDING, A PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT
SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
(A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
(B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
MONTHS; AND
(C) FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST ONCE EVERY THREE
MONTHS.
A PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT 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 PLACE OF ENTER-
TAINMENT FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM A
MEMBER OF THE PUBLIC.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PLACE OF ENTER-
TAINMENT FOOD SERVICE ESTABLISHMENTS WHICH:
(A) ARE PREMISES LICENSED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC
BEVERAGES PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS THAN
TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION;
(B) DO NOT ENGAGE IN THE RETAIL SALE OF FOOD FOR ON-PREMISES OR OFF-
PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT; OR
(C) IS NOT LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE.
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. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.