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

                                  2650

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M. of A. SIMOTAS, MORELLE, BENEDETTO, ZEBROWSKI, STEVEN-
  SON, COLTON, ROBERTS, GUNTHER, WEPRIN -- Multi-Sponsored by --  M.  of
  A. BRAUNSTEIN, BRENNAN, COOK, GABRYSZAK, GIBSON, MAGEE, MARKEY, TITONE
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law, the labor law and the administra-
  tive  code of the city of New York, in relation to providing notice to
  restaurants of any regulation changes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1351 of the public health law is amended to read as
follows:
  S  1351. Food places; duty to permit inspections; NOTICE OF REGULATION
CHANGES.  1. Every owner, operator, lessor, lessee or person  in  charge
of  any  hotel,  restaurant,  dining  room, dining car, drug store, soda
fountain, steamboat or other place engaged in the preparation,  sale  or
service  of  food  for  and  to the general public, and every officer or
other person in charge of any public, penal or charitable institution in
this state, shall permit the commissioner or his duly authorized  agents
or  employees  to have access to all parts of any and all of such places
herein mentioned wherein food is stored,  prepared  or  served  for  the
purpose  of  ascertaining  whether  the  provisions of sections thirteen
hundred fifty to thirteen hundred fifty-two, inclusive, of  this  [chap-
ter]  TITLE,  and  the provisions of the sanitary code and provisions of
local ordinances or regulations are being observed.
  2. ANY STATE, CITY OR LOCAL REGULATORY BODY, INCLUDING THE DEPARTMENT,
RESPONSIBLE FOR SETTING AND/OR ENFORCING HEALTH  STANDARDS  FOR  RESTAU-
RANTS AND/OR OTHER EATING ESTABLISHMENTS SHALL:
  (A)  NOTIFY SUCH ESTABLISHMENTS IN WRITING OF ANY NEW OR AMENDED RULES
AND REGULATIONS AFFECTING SUCH ESTABLISHMENTS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02738-01-3

A. 2650                             2
              

  (B) PROVIDE AT LEAST SIXTY DAYS AFTER THE NOTICE  DESCRIBED  IN  PARA-
GRAPH  (A)  OF THIS SUBDIVISION IS RENDERED BEFORE ENFORCING SUCH NEW OR
AMENDED REGULATIONS.
  S  2.  The labor law is amended by adding a new section 383 to read as
follows:
  S 383. RESTAURANT NOTIFICATION OF NEW OR  AMENDED  REGULATIONS.    ANY
STATE, CITY OR LOCAL REGULATORY BODY, INCLUDING THE DEPARTMENT RESPONSI-
BLE FOR SETTING AND/OR ENFORCING HEALTH STANDARDS FOR RESTAURANTS AND/OR
OTHER EATING ESTABLISHMENTS SHALL:
  1.  NOTIFY  SUCH ESTABLISHMENTS IN WRITING OF ANY NEW OR AMENDED RULES
AND REGULATIONS AFFECTING SUCH ESTABLISHMENTS; AND
  2. PROVIDE AT LEAST SIXTY DAYS AFTER THE NOTICE DESCRIBED IN  SUBDIVI-
SION  ONE  OF  THIS  SECTION  IS  RENDERED  BEFORE ENFORCING SUCH NEW OR
AMENDED REGULATIONS.
  S 3. The administrative code of the city of New  York  is  amended  by
adding a new section 17-324.1 to read as follows:
  S 17-324.1 RESTAURANT NOTIFICATION OF NEW OR AMENDED REGULATIONS.  ANY
STATE,  CITY  OR  LOCAL  REGULATORY BODY, RESPONSIBLE FOR SETTING AND/OR
ENFORCING HEALTH STANDARDS FOR RESTAURANTS AND/OR  OTHER  EATING  ESTAB-
LISHMENTS SHALL:
  1.  NOTIFY  SUCH ESTABLISHMENTS IN WRITING OF ANY NEW OR AMENDED RULES
AND REGULATIONS AFFECTING SUCH ESTABLISHMENTS; AND
  2. PROVIDE AT LEAST SIXTY DAYS AFTER THE NOTICE DESCRIBED IN  SUBDIVI-
SION  ONE  OF  THIS  SECTION  IS  RENDERED  BEFORE ENFORCING SUCH NEW OR
AMENDED REGULATIONS.
  S 4. This act shall take effect immediately.