NY State Senate Bill 2011-S1035

Senate Bill S1035

2011-2012 Legislative Session

Directs the commissioner of health to establish and implement a uniform letter grading system to classify health inspection results

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Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Jan 05, 2011	referred to health

co-Sponsors

2011-S1035 (ACTIVE) - Details

See Assembly Version of this Bill:: A5889
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4589, A8008
2013-2014: A1537

2011-S1035 (ACTIVE) - Summary

Directs the commissioner of health to establish and implement a uniform letter grading system to classify health inspection results for any place engaged in the preparation, sale or service of food for and to the general public; directs the commissioner, upon establishment and implementation of such system, to require the display of any letter grade received pursuant to such system.

2011-S1035 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1035

 TITLE OF BILL :
An act to amend the public health law, in relation to the
establishment of a letter grading system to classify inspection
results for certain public food service establishments


 PURPOSE OR GENERAL IDEA OF BILL :
The Commissioner of Health shall establish and implement a uniform
grading system consisting of letters A, B, and C to classify
inspection results for public food service establishments. Such
inspection grades shall be posted in a conspicuous location near the
entrance of each food service establishment. Such letter grades and
the criteria for designating such letter grades shall be established
by Rule and shall be set by the Department of Health (DOH) based on
objective criteria that evaluates each public food service
establishment's sanitation and food handling practices.

 SUMMARY OF PROVISIONS :
Section 1: Adds a new Public Health Law Section 1352-d that directs
DOH to establish and implement a uniform letter grading system to
classify inspection results for places that serve food to the general
public.  Requires establishments engaged in the preparation, sale or
service of food for the general public to display the letter grade
received on its most recent inspection in a conspicuous location.

Under the general provisions of the Public Health Law and the State
Sanitary Code, such program and the criteria for establishing such a
program should be implemented pursuant to rules promulgated by DOH.
Pursuant to the State Administrative Procedure Act and the State
Sanitary Code, each public food service establishment may appeal, on
an expedited basis, the letter grade assigned to it and petition for a
different letter grade. DOH, in establishing criteria for awarding a
restaurant's letter grade, shall consider only the conditions of a
food service establishment related to its food handling practices and
the general sanitary condition of such premises.

 JUSTIFICATION :
DOH is charged with inspecting and supervising all public places in
New York in which food is prepared, sold or served, including
restaurants and cafeterias. Inspectors from local health departments
conduct unannounced inspections of food service establishments to
evaluate the safety and sanitation of the premises, and monitor food
handling practices to ensure adequate compliance with state and local
laws. An unfortunate effect of county-level enforcement is that the
evaluation criteria and grading systems can vary widely between
jurisdictions, making it difficult for consumers reading an inspection
report to know whether an establishment's sanitary conditions are of
the highest quality or some lower level with regard to sanitation and
general cleanliness. A clear, concise system of letter grades would
make it easier for consumers to make an informed dining decision and
allow for more meaningful comparisons across jurisdictions. Further,
such grading system will encourage all restaurants to more vigilantly
upgrade their cleanliness and sanitation standards.

 LEGISLATIVE HISTORY :
2004: A.2702 Referred to the Health Committee
2006: S.2696 Referred to Health
2008: S.2243 Referred to Health
2009: S.4589 Passed the Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law.
The commissioner of health is authorized to promulgate any and all
rules and regulations and take any other measures necessary to
implement this act on its effective date on or before such date.

2011-S1035 (ACTIVE) - Bill Text download pdf

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

                                  1035

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, KRUEGER, SAMPSON -- 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
  of  a letter grading system to classify inspection results for certain
  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,  OR,  WHERE APPLICABLE, THE LOCAL HEALTH OFFICER IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, SHALL ESTABLISH  AND  IMPLE-
MENT  A SYSTEM FOR GRADING AND CLASSIFYING INSPECTION RESULTS FOR PUBLIC
FOOD SERVICE ESTABLISHMENTS, 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 LETTERS TO IDENTIFY AND REPRESENT SUCH GRADING  AND  CLASSIFICATION.
IN  ESTABLISHING  SUCH  SYSTEM OF STANDARDS AND GRADES, THE COMMISSIONER
OR, WHERE APPLICABLE, THE LOCAL HEALTH OFFICER OF A CITY HAVING A  POPU-
LATION  OF ONE MILLION OR MORE SHALL TAKE INTO ACCOUNT THE PROVISIONS OF
THIS TITLE, THE PROVISIONS OF THE SANITARY CODE AND PROVISIONS OF  LOCAL
ORDINANCES  OR  REGULATIONS  TO ESTABLISH A GRADING SYSTEM THAT REFLECTS
THE SAFETY AND SANITATION 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 RECENT GRADED
INSPECTION. SUCH POSTING SHALL BE DONE  IN  ACCORDANCE  WITH  RULES  AND
REGULATIONS  PROMULGATED  BY  THE COMMISSIONER. IN A CITY HAVING A POPU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04831-01-1

S. 1035                             2

LATION OF ONE MILLION OR MORE, SUCH LETTER GRADES  SHALL  BE  POSTED  IN
ACCORDANCE WITH RULES PROMULGATED BY THE LOCAL HEALTH OFFICER.
  S  2. This act shall take effect one year after it shall have become a
law. Effective immediately, the commissioner of  health  may  promulgate
rules and regulations to implement this act prior to such date.

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Senate Bill S1035

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Sponsored By

Jeffrey D. Klein