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

                                  8733

                          I N  A S S E M B L Y

                            February 7, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing  a  grading system for retail food stores, food service estab-
  lishments and food warehouses

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

  Section 1. Article 28 of the agriculture and markets law is renumbered
article  26-C,  section  500 is renumbered section 420 and a new section
421 is added to read as follows:
  S 421. RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT  AND  FOOD  WARE-
HOUSE  GRADING  SYSTEM. 1. THE COMMISSIONER SHALL ESTABLISH A SYSTEM FOR
GRADING INSPECTION RESULTS FOR RETAIL FOOD STORES, FOOD  SERVICE  ESTAB-
LISHMENTS AND FOOD WAREHOUSES, AS DEFINED IN SECTION FOUR HUNDRED TWENTY
OF  THIS  ARTICLE.  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  GRADING,  THE  COMMISSIONER  SHALL  TAKE  INTO  ACCOUNT  THE
PROVISIONS  OF  TITLE EIGHT OF ARTICLE THIRTEEN OF THE PUBLIC HEALTH LAW
AND THE PROVISIONS OF THE SANITARY CODE TO ESTABLISH  A  GRADING  SYSTEM
THAT  REFLECTS THE SAFETY AND SANITATION OF THE PREMISES AND FOOD HANDL-
ING PRACTICES TO ENSURE COMPLIANCE WITH STATE AND LOCAL LAWS.
  2. SUCH RETAIL FOOD STORES, FOOD SERVICE ESTABLISHMENTS AND FOOD WARE-
HOUSES SHALL CONSPICUOUSLY POST NEAR THE ENTRANCE TO SUCH  ESTABLISHMENT
THE  LETTER GRADE IDENTIFYING AND REPRESENTING THE RESULT OF SUCH ESTAB-
LISHMENT'S MOST RECENTLY GRADED INSPECTION BY THE DEPARTMENT. SUCH POST-
ING SHALL BE DONE IN ACCORDANCE WITH RULES AND  REGULATIONS  PROMULGATED
BY  THE COMMISSIONER.  IN ADDITION TO A LETTER GRADE, SUCH ESTABLISHMENT
SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS  BASED.  THE  RETAIL
FOOD STORE, FOOD SERVICE ESTABLISHMENT OR FOOD WAREHOUSE 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,  THE  RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT OR FOOD
WAREHOUSE SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.

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

                                                           LBD10396-04-4

A. 8733                             2

  3. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
RETAIL  FOOD STORES, FOOD SERVICE ESTABLISHMENTS AND FOOD WAREHOUSES 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.
  4.  A  RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT OR FOOD WAREHOUSE
THAT REQUESTS A REINSPECTION FROM THE DEPARTMENT, SHALL PAY THE  DEPART-
MENT A FEE OF UP TO TWO HUNDRED FIFTY DOLLARS. PROVIDED HOWEVER THAT THE
PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT  NEGATE THE ABILITY OF ANY
DEPARTMENT TO INSPECT A RETAIL FOOD STORE, FOOD SERVICE ESTABLISHMENT OR
FOOD WAREHOUSE ON THE BASIS OF A COMPLAINT FROM A MEMBER OF THE PUBLIC.
  S 2. This act shall take effect two years after it shall have become a
law.  Effective immediately, the addition, amendment  and/or  repeal  of
any  rule  or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.