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

                                  11694

                          I N  A S S E M B L Y

                            September 1, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jeffries) --
  read once and referred to the Committee on Health

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.
              

                                                           LBD02911-18-0

A. 11694                            2

THE ENTITY RESPONSIBLE FOR SUCH INSPECTION. SUCH POSTING SHALL  BE  DONE
IN  ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSION-
ER.  FOR ANY PUBLIC FOOD SERVICE ESTABLISHMENT RECEIVING A  GRADE  LOWER
THAN  "A",  THE  LOCAL  HEALTH  OFFICER  OR  THE  ENTITY  PERFORMING THE
INSPECTION SHALL ADVISE THE ESTABLISHMENT OF ITS GRADE AND THE  FINDINGS
UPON  WHICH  SUCH GRADE IS BASED. THE LOCAL HEALTH OFFICER OR THE ENTITY
WHICH PERFORMED  THE  INITIAL  INSPECTION  SHALL  CONDUCT  A  SUBSEQUENT
INSPECTION  OF  SUCH  PUBLIC  FOOD  SERVICE ESTABLISHMENT NO SOONER THAN
SEVEN DAYS, NOR LATER THAN TWENTY-ONE DAYS AFTER THE INSPECTION AT WHICH
THE GRADE WAS GIVEN.  IN THE INTERIM, THE PREVIOUS  LETTER  GRADE  SHALL
REMAIN  POSTED.    UPON THE CONCLUSION OF THE SUBSEQUENT INSPECTION, THE
LOCAL HEALTH OFFICER OR  THE  ENTITY  PERFORMING  THE  INSPECTION  SHALL
DELIVER FOR POSTING A LETTER GRADE TO THE PUBLIC FOOD SERVICE ESTABLISH-
MENT  WHICH  INDICATES  THE GRADE FOR SUCH INSPECTION.  IN ADDITION TO A
LETTER GRADE, SUCH ESTABLISHMENT SHALL RECEIVE THE FINDINGS  UPON  WHICH
SUCH  GRADE  IS BASED.  THE PUBLIC FOOD SERVICE ESTABLISHMENT MAY APPEAL
SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE  COMMIS-
SIONER  FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY SUCH
APPEAL IS PENDING, A PUBLIC FOOD SERVICE ESTABLISHMENT  SHALL  POST  THE
LETTER GRADE THAT IS BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
PUBLIC FOOD SERVICE ESTABLISHMENTS 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.
  A PUBLIC FOOD SERVICE ESTABLISHMENT THAT REQUESTS A REINSPECTION  FROM
THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTIONS,
SHALL  PAY  THE  DEPARTMENT  A  FEE  OF UP TO TWO HUNDRED FIFTY DOLLARS.
PROVIDED, HOWEVER, THAT THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT
NEGATE THE ABILITY OF ANY LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE
FOR SUCH INSPECTIONS TO INSPECT ANY PUBLIC FOOD SERVICE ESTABLISHMENT ON
THE BASIS OF A COMPLAINT FROM A MEMBER OF THE PUBLIC.
  5.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO PUBLIC FOOD
SERVICE ESTABLISHMENTS WHICH:
  (A) ARE PREMISES LICENSED FOR  ON-PREMISES  CONSUMPTION  OF  ALCOHOLIC
BEVERAGES  PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS THAN
TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION;
  (B) DO NOT ENGAGE IN THE  RETAIL  SALE  OF  FOOD  FOR  ON-PREMISES  OR
OFF-PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT;
  (C)  ARE  LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
WITH A LOCAL FOOD ESTABLISHMENT GRADING SYSTEM TO THE EXTENT  THE  LOCAL
LAWS RELATING THERETO ARE NOT INCONSISTENT WITH THIS SECTION;
  (D) ARE OPERATED IN OR BY A CORRECTIONAL FACILITY; OR
  (E)  ARE  SPONSORED  BY  A  CHARITABLE ORGANIZATION TO OPERATE A  SOUP
KITCHEN OR OTHER FOOD DISTRIBUTION PROGRAM FOR THE ELDERLY,  LOW  INCOME
INDIVIDUALS AND FAMILIES OR THE INFIRM.
  6.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR OTHER-
WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
  S 2. This act shall take effect one year after it shall have become  a
law.  Provided, however, that effective immediately, any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive  date are authorized and directed to be completed on or before such
date.