Bill Text: NY S00592 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
STATE OF NEW YORK ________________________________________________________________________ 592--A 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 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 term "commissioner" shall mean the commissioner of health and mental 6 hygiene of a city having a population of one million or more, and the 7 term "department" shall mean the department of health and mental hygiene 8 of a city having a population of one million or more. 9 2. The commissioner shall establish a system for grading inspection 10 results for mobile food service establishments and pushcarts as defined 11 in the state sanitary code. 12 3. Such system shall use and post letters A, B or C to identify and 13 represent such grading and classification with all other lower grades 14 being deemed to be failing grades. The department shall issue a letter 15 grade for a mobile food services establishment or pushcart for that 16 cycle after any hearing or dispute regarding such scoring is resolved. 17 In establishing a system of grading, the commissioner shall take into 18 account the provisions of this title and the provisions of the state 19 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. LBD00090-02-7S. 592--A 2 1 sanitation of the premises and food handling practices to ensure compli- 2 ance with state and local health laws. 3 4. Each such mobile food service establishment or pushcart shall 4 conspicuously post at the point of sale the letter grade identifying and 5 representing the result of such recently graded inspection of the estab- 6 lishment or pushcart by the department. Such posting shall be done in 7 accordance with rules and regulations promulgated by the commissioner. 8 The department shall advise each establishment and pushcart of its grade 9 and provide the findings upon which such grade is based. The mobile food 10 service establishment or pushcart must post the letter grade unless the 11 establishment or pushcart has filed an appeal with the commissioner 12 within seven days of receiving the letter grade. 13 5. The department shall conduct a subsequent inspection of such mobile 14 food service establishment or pushcart no sooner than fourteen days, nor 15 later than thirty days after the inspection at which the grade was given 16 if the mobile food service establishment or pushcart received a failing 17 grade. In the interim, the previous letter grade shall remain posted 18 unless an appeal is pending by the mobile food service establishment or 19 pushcart. Upon the conclusion of the subsequent inspection, the depart- 20 ment shall deliver for posting a letter grade to the mobile food service 21 establishment or pushcart which indicates the grade for such inspection, 22 and the department shall provide the findings upon which the grade is 23 based. 24 6. The mobile food service establishment or pushcart may appeal the 25 subsequent assignment of a letter grade designation to the commissioner 26 for review within seven days of such assignment. During the time at 27 which the appeal is pending, the mobile food service establishment or 28 pushcart shall not be required to post the letter grade that is being 29 appealed. 30 7. The suggested interval between regularly schedules inspections of 31 mobile food service establishments and pushcarts may be as follows: 32 (a) For establishments and pushcarts with a grade of "A", at least 33 once every year; 34 (b) For establishments and pushcarts with a grade of "B", at least 35 once every nine months; and 36 (c) For establishments and pushcarts with a grade of "C", at least 37 once every three months. 38 8. A mobile food service establishment or pushcart that requests a 39 reinspection from the department shall pay the department a fee of up to 40 two hundred fifty dollars, provided, however, that the provisions of 41 this subdivision shall not negate the ability of the department to 42 inspect any mobile food service establishment or pushcart on the basis 43 of a complaint from a member of the public. 44 9. The provisions of this section shall not apply to a mobile food 45 service establishment or pushcart which is sponsored by a charitable 46 organization to operate a soup kitchen or other food distribution 47 program for the elderly, veterans, low income individuals and families, 48 or the disabled. 49 § 2. This act shall take effect on the ninetieth day after it shall 50 have become a law; provided, however, that effective immediately any 51 rules and regulations necessary to implement the provisions of this act 52 on its effective date are authorized to be promulgated and completed on 53 or before such date.
