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

                                  2636

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M. of A. MOYA -- 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 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-d to read as follows:
  S 1352-D. 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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00323-01-3
              

A. 2636                             2

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.