S T A T E O F N E W Y O R K
________________________________________________________________________
8171
I N S E N A T E
June 14, 2010
___________
Introduced by Sen. KLEIN -- 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 ESTABLISHMENT GRADING SYSTEM. 1. THE
COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
PUBLIC FOOD SERVICE ESTABLISHMENTS, AS DEFINED IN THE STATE SANITARY
CODE, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS, DINING ROOMS, DELIS,
BAKERIES OR ANY OTHER PLACE WHERE FOOD IS PREPARED, SOLD OR SERVED FOR
CONSUMPTION BY THE GENERAL PUBLIC. SUCH SYSTEM SHALL USE AND POST
LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLASSIFICA-
TION 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 SANITA-
TION OF THE PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
WITH STATE AND LOCAL HEALTH LAWS.
2. SUCH PUBLIC FOOD SERVICE ESTABLISHMENT SHALL CONSPICUOUSLY POST
NEAR THE ENTRANCE TO SUCH ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND
REPRESENTING THE RESULT OF SUCH ESTABLISHMENT'S MOST RECENTLY GRADED
INSPECTION BY THE LOCAL HEALTH OFFICER. SUCH POSTING SHALL BE DONE IN
ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
FOR ANY FOOD SERVICE ESTABLISHMENT RECEIVING A GRADE LOWER THAN "A", THE
LOCAL HEALTH OFFICER SHALL ADVISE THE ESTABLISHMENT OF ITS GRADE AND THE
FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH OFFICER SHALL
CONDUCT A SUBSEQUENT INSPECTION OF SUCH 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02911-17-0
S. 8171 2
INSPECTION, THE LOCAL HEALTH OFFICER SHALL DELIVER FOR POSTING A LETTER
TO THE FOOD SERVICE ESTABLISHMENT 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 FOOD SERVICE
ESTABLISHMENT MAY APPEAL SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE
DESIGNATION TO THE COMMISSIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH
ASSIGNMENT. WHILE ANY SUCH APPEAL IS PENDING, A FOOD SERVICE ESTABLISH-
MENT SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
3. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
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 FOOD SERVICE ESTABLISHMENT THAT REQUESTS A REINSPECTION FROM THE
LOCAL HEALTH OFFICER, 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 TO
INSPECT ANY FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM
A MEMBER OF THE PUBLIC.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO 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;
(D) ARE OPERATED IN OR BY A PRIMARY OR SECONDARY SCHOOL, OR A CORREC-
TIONAL FACILITY;
(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; OR
(F) ARE MOBILE FOOD VENDING UNITS, MOBILE FOOD VENDING COMMISSARIES OR
TEMPORARY FOOD SERVICE ESTABLISHMENTS.
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.