Bill Text: NY S00850 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of an entertainment food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S00850 Detail]
Download: New_York-2019-S00850-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 850 2019-2020 Regular Sessions IN SENATE January 9, 2019 ___________ 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: 1 Section 1. The public health law is amended by adding a new section 2 1352-f to read as follows: 3 § 1352-f. Entertainment venue food service grading system. 1. The 4 commissioner shall establish, for cities having a population of one 5 million or more, a system for grading inspection results for food 6 service establishments, temporary food service establishments, mobile 7 food service establishments and pushcarts as defined in the state sani- 8 tary code, that are located within or otherwise owned, operated or 9 controlled by a place of entertainment, including any privately or 10 publicly owned and operated facility such as a theatre, stadium, arena, 11 racetrack, museum, amusement park or other place where performances, 12 concerts, exhibits, athletic games or contests are held for which a 13 donation is recommended or required, or an entry fee is charged. 14 2. The commissioner shall establish, for cities having a population of 15 one million or more, a system for grading inspection results for place 16 of entertainment food service establishments. Such system shall use and 17 post letters A, B or C to identify and represent such grading and clas- 18 sification with all other lower grades being deemed to be failing 19 grades. In establishing such system of grading, the commissioner shall 20 take into account the provisions of this title and the provisions of the 21 sanitary code to establish a grading system that reflects the safety and 22 sanitation of the premises and food handling practices to ensure compli- 23 ance with state and local health laws. 24 3. Such place of entertainment food service establishment shall 25 conspicuously post near the entrance to such establishment, or at the 26 point of sale, the letter grade identifying and representing the result EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03815-01-9S. 850 2 1 of such establishment's most recently graded inspection by the local 2 health officer or the entity responsible for such inspection. Such post- 3 ing shall be done in accordance with rules and regulations promulgated 4 by the commissioner. For any place of entertainment food service estab- 5 lishment receiving a grade lower than "A", the local health officer or 6 the entity performing the inspection shall advise the establishment of 7 its grade and the findings upon which such grade is based. The local 8 health officer or the entity which performed the initial inspection 9 shall conduct a subsequent inspection of such place of entertainment 10 food service establishment no sooner than seven days, nor later than 11 twenty-one days after the inspection at which the grade was given. In 12 the interim, the previous letter grade shall remain posted. Upon the 13 conclusion of the subsequent inspection, the local health officer or the 14 entity performing the inspection shall deliver for posting a letter 15 grade to the place of entertainment food service establishment which 16 indicates the grade for such inspection. In addition to a letter grade, 17 such establishment shall receive the findings upon which such grade is 18 based. The place of entertainment food service establishment may appeal 19 such subsequent assignment of a letter grade designation to the commis- 20 sioner for review within thirty days of such assignment. While any such 21 appeal is pending, a place of entertainment food service establishment 22 shall post the letter grade that is being appealed. 23 4. The suggested interval between regularly scheduled inspections of 24 place of entertainment food service establishments may be as follows: 25 (a) for establishments with a grade of "A", at least once every year; 26 (b) for establishments with a grade of "B", at least once every nine 27 months; and 28 (c) for establishments with a grade of "C", at least once every three 29 months. 30 A place of entertainment food service establishment that requests a 31 reinspection from the local health officer or the entity responsible for 32 such inspections, shall pay the department a fee of up to two hundred 33 fifty dollars. Provided, however, that the provisions of this subdivi- 34 sion shall not negate the ability of any local health officer or the 35 entity responsible for such inspections to inspect any place of enter- 36 tainment food service establishment on the basis of a complaint from a 37 member of the public. 38 5. The provisions of this section shall not apply to place of enter- 39 tainment food service establishments which: 40 (a) are premises licensed for on-premises consumption of alcoholic 41 beverages pursuant to the alcoholic beverage control law when less than 42 ten percent of the gross sales of such establishment is derived from the 43 retail sale of food for on-premises consumption; 44 (b) do not engage in the retail sale of food for on-premises or off- 45 premises consumption from such establishment; or 46 (c) is not located in a city having a population of one million or 47 more. 48 6. No provision of this section shall be deemed to diminish or other- 49 wise change any power or duty of any state agency or authority. 50 § 2. This act shall take effect one year after it shall have become a 51 law. Provided, however, that effective immediately, any rules and regu- 52 lations necessary to implement the provisions of this act on its effec- 53 tive date are authorized and directed to be completed on or before such 54 date.
