Senate Bill S8458

2009-2010 Legislative Session

Directs commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a public food service establishment

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S8458 (ACTIVE) - Details

See Assembly Version of this Bill:
A11694
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add ยง1352-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4840, A1311
2013-2014: S39
2015-2016: S1350
2017-2018: S477
2019-2020: S850
2021-2022: S608

2009-S8458 (ACTIVE) - Summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a public 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"; provisions do not apply to food establishments in cities having a population of one million or more.

2009-S8458 (ACTIVE) - Sponsor Memo

2009-S8458 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8458

                            I N  S E N A T E

                              July 30, 2010
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to the  establishment
  of  a  letter grading system to classify inspection results for public
  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-d to read as follows:
  S 1352-D. PUBLIC FOOD SERVICE GRADING SYSTEM. 1.  FOR THE PURPOSES  OF
THIS  SECTION,  "PUBLIC  FOOD  SERVICE  ESTABLISHMENT" SHALL MEAN A FOOD
SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, MOBILE FOOD
SERVICE ESTABLISHMENT AND PUSHCART AS  DEFINED  IN  THE  STATE  SANITARY
CODE.  SUCH TERM SHALL ALSO INCLUDE FOOD SERVICE ESTABLISHMENTS OPERATED
BY ELEMENTARY AND SECONDARY SCHOOLS, AND HOSPITALS. PUBLIC FOOD  SERVICE
ESTABLISHMENT  SHALL  ALSO  MEAN 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 A SYSTEM  FOR  GRADING  INSPECTION
RESULTS  FOR  PUBLIC  FOOD SERVICE ESTABLISHMENTS. SUCH SYSTEM SHALL USE
AND POST LETTERS A, B OR C TO IDENTIFY 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 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  PUBLIC  FOOD  SERVICE ESTABLISHMENT SHALL CONSPICUOUSLY POST
NEAR THE ENTRANCE TO SUCH ESTABLISHMENT, OR AT THE POINT  OF  SALE,  THE
LETTER  GRADE IDENTIFYING AND REPRESENTING THE RESULT OF SUCH ESTABLISH-
MENT'S MOST RECENTLY GRADED INSPECTION BY THE LOCAL  HEALTH  OFFICER  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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