Bill Text: NY S00592 | 2017-2018 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO HEALTH [S00592 Detail]

Download: New_York-2017-S00592-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         592--B
            Cal. No. 441
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (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:
     1    Section  1.  The  public health law is amended by adding a new section
     2  1352-f to read as follows:
     3    § 1352-f. Mobile  food  service  establishment  and  pushcart  grading
     4  system; cities of one million or more. 1.  For purposes of this section,
     5  the  terms "mobile food service establishment" and "pushcart" shall have
     6  the same definitions as provided in the  sanitary  code,  and  the  term
     7  "department" shall mean the department of health and mental hygiene of a
     8  city having a population of one million or more.
     9    2.  The  department shall establish and implement a system for grading
    10  and classifying inspection results for mobile  food  service  establish-
    11  ments  and  pushcarts.    Such  system shall use letters to identify and
    12  represent an establishment's and pushcart's degree  of  compliance  with
    13  the sanitary code and other applicable laws that require such establish-
    14  ments and pushcarts to operate in a sanitary manner so as to protect the
    15  public  health. The letter A shall be the grade representing the highest
    16  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
     1    3. The department shall advise each establishment or pushcart  of  the
     2  inspection grade received and shall provide the findings upon which such
     3  grade is based.
     4    4.  The  department  shall promulgate rules requiring each such mobile
     5  food service establishment and pushcart to conspicuously post the letter
     6  grade issued to the mobile food service establishment or pushcart by the
     7  department. Such rules  may  require  that  each  permittee  enable  the
     8  department  to  identify  the  mobile  food  service establishment's and
     9  pushcart's location at the time the mobile food service establishment or
    10  pushcart is operating, including electronically or by  submission  of  a
    11  travel route by each such mobile food service establishment and pushcart
    12  to  the department. Such rules may also require that a permit to operate
    13  the mobile food service establishment or pushcart or a license  to  vend
    14  from such mobile food service establishment or pushcart may be suspended
    15  or  permanently  revoked after notice and an opportunity to be heard for
    16  failure to comply with rules regarding location tracking.
    17    5. The provisions of this section shall not apply  to  a  mobile  food
    18  service  establishment  or  pushcart  that  is  operated by a charitable
    19  organization solely to distribute food free of  charge  to  the  public,
    20  including  but  not  limited to soup kitchens or other food distribution
    21  programs for the elderly, veterans, low income individuals and families,
    22  or the disabled.
    23    6. Nothing in this section shall affect the authority of  the  depart-
    24  ment  to take any other action necessary to protect the public health or
    25  to enforce the provisions of the sanitary code or any other law or  rule
    26  applicable  to  the  operation of a mobile food service establishment or
    27  pushcart.
    28    § 2. This act shall take effect one year after it shall have become  a
    29  law;  provided,  however, that effective immediately any rules and regu-
    30  lations necessary to implement the provisions of this act on its  effec-
    31  tive  date  are  authorized to be promulgated and completed on or before
    32  such date.