S T A T E O F N E W Y O R K
________________________________________________________________________
3837
2023-2024 Regular Sessions
I N A S S E M B L Y
February 8, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing a grading system for retail food stores, food service estab-
lishments and food warehouses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 501 to read as follows:
§ 501. RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT AND FOOD WARE-
HOUSE GRADING SYSTEM. 1. THE COMMISSIONER SHALL ESTABLISH A SYSTEM FOR
GRADING INSPECTION RESULTS FOR RETAIL FOOD STORES, FOOD SERVICE ESTAB-
LISHMENTS AND FOOD WAREHOUSES, AS DEFINED IN SECTION FIVE HUNDRED OF
THIS ARTICLE. SUCH SYSTEM SHALL USE AND POST LETTERS A, B OR C TO IDEN-
TIFY AND REPRESENT SUCH GRADING AND CLASSIFICATION 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
TITLE EIGHT OF ARTICLE THIRTEEN OF THE PUBLIC HEALTH LAW 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 LAWS.
2. SUCH RETAIL FOOD STORES, FOOD SERVICE ESTABLISHMENTS AND FOOD WARE-
HOUSES SHALL CONSPICUOUSLY POST NEAR THE ENTRANCE TO SUCH ESTABLISHMENT
THE LETTER GRADE IDENTIFYING AND REPRESENTING THE RESULT OF SUCH ESTAB-
LISHMENT'S MOST RECENTLY GRADED INSPECTION BY THE DEPARTMENT. SUCH POST-
ING SHALL BE DONE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED
BY THE COMMISSIONER. IN ADDITION TO A LETTER GRADE, SUCH ESTABLISHMENT
SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE RETAIL
FOOD STORE, FOOD SERVICE ESTABLISHMENT OR FOOD WAREHOUSE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08814-01-3
A. 3837 2
IS PENDING, THE RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT OR FOOD
WAREHOUSE SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
3. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
RETAIL FOOD STORES, FOOD SERVICE ESTABLISHMENTS AND FOOD WAREHOUSES MAY
BE AS FOLLOWS:
(A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
AND
(B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
MONTHS.
4. A RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT OR FOOD WAREHOUSE
THAT REQUESTS A REINSPECTION FROM THE DEPARTMENT, SHALL PAY THE DEPART-
MENT A FEE OF UP TO TWO HUNDRED FIFTY DOLLARS. PROVIDED HOWEVER THAT THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT NEGATE THE ABILITY OF ANY
DEPARTMENT TO INSPECT A RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT OR
FOOD WAREHOUSE ON THE BASIS OF A COMPLAINT FROM A MEMBER OF THE PUBLIC.
§ 2. This act shall take effect two years 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.