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

                                  43--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. PERALTA, AVELLA, ESPAILLAT -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Health
  -- recommitted to the Committee on Health in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to the  establishment
  of  a  letter  grading system to classify inspection results for push-
  carts in cities having a population of two million or more

  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-e to read as follows:
  S 1352-E. FOOD PUSHCART SERVICE GRADING SYSTEM; CITIES OF TWO  MILLION
OR  MORE.  1.    THE  COMMISSIONER  SHALL ESTABLISH A SYSTEM FOR GRADING
INSPECTION RESULTS FOR MOBILE FOOD SERVICE ESTABLISHMENTS AND  PUSHCARTS
AS  DEFINED  IN THE STATE SANITARY CODE, OPERATED IN CITIES WITH A POPU-
LATION OF TWO MILLION OR MORE.
  2.  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  GRAD-
ING,  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 COMPLIANCE  WITH  STATE  AND  LOCAL  HEALTH
LAWS.
  3.    EACH  SUCH  MOBILE  FOOD SERVICE ESTABLISHMENT OR PUSHCART SHALL
CONSPICUOUSLY POST AT THE POINT OF SALE THE LETTER GRADE IDENTIFYING AND
REPRESENTING THE RESULT  OF  SUCH  ESTABLISHMENT'S  OR  PUSHCART'S  MOST
RECENTLY  GRADED  INSPECTION  BY  THE LOCAL HEALTH OFFICER OR THE ENTITY
RESPONSIBLE FOR SUCH INSPECTION. SUCH POSTING SHALL BE DONE  IN  ACCORD-

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

                                                           LBD00323-02-4

S. 43--A                            2

ANCE  WITH  RULES  AND REGULATIONS PROMULGATED BY THE COMMISSIONER.  FOR
ANY MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT  OR  PUSHCART  RECEIVING  A
GRADE  LOWER THAN "A", THE LOCAL HEALTH OFFICER OR THE ENTITY PERFORMING
THE  INSPECTION  SHALL ADVISE THE ESTABLISHMENT OR PUSHCART OF ITS GRADE
AND THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH  OFFI-
CER OR THE ENTITY WHICH PERFORMED THE INITIAL INSPECTION SHALL CONDUCT A
SUBSEQUENT  INSPECTION  OF SUCH MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT
OR PUSHCART 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 MOBILE
PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART WHICH INDICATES THE  GRADE
FOR  SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE, SUCH ESTABLISHMENT
OR PUSHCART SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE  IS  BASED.
THE MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART 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 MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART SHALL
POST THE LETTER GRADE THAT IS BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
MOBILE PUBLIC FOOD  SERVICE  ESTABLISHMENTS  AND  PUSHCARTS  MAY  BE  AS
FOLLOWS:
  (A)  FOR  ESTABLISHMENTS  AND  PUSHCARTS WITH A GRADE OF "A", AT LEAST
ONCE EVERY YEAR;
  (B) FOR ESTABLISHMENTS AND PUSHCARTS WITH A GRADE  OF  "B",  AT  LEAST
ONCE EVERY NINE MONTHS; AND
  (C)  FOR  ESTABLISHMENTS  AND  PUSHCARTS WITH A GRADE OF "C", AT LEAST
ONCE EVERY THREE MONTHS.
  A MOBILE PUBLIC FOOD SERVICE ESTABLISHMENT OR PUSHCART 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 SUBDIVI-
SION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL  HEALTH  OFFICER  OR  THE
ENTITY  RESPONSIBLE  FOR  SUCH  INSPECTIONS TO INSPECT ANY MOBILE PUBLIC
FOOD SERVICE ESTABLISHMENT OR PUSHCART ON THE BASIS OF A COMPLAINT  FROM
A MEMBER OF THE PUBLIC.
  5.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO MOBILE PUBLIC
FOOD SERVICE ESTABLISHMENTS OR PUSHCARTS WHICH ARE SPONSORED BY A CHARI-
TABLE 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.