NY State Senate Bill 2013-S2375B

Senate Bill S2375B

Signed By Governor

2013-2014 Legislative Session

Requires the department of health to post inspection results of public food service establishments on the website

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2013	signed chap.529
Dec 06, 2013	delivered to governor
Jun 18, 2013	returned to senate passed assembly ordered to third reading cal.384 substituted for a2116c referred to codes delivered to assembly passed senate ordered to third reading cal.1427 committee discharged and committed to rules
May 29, 2013	print number 2375b
May 29, 2013	amend and recommit to health
May 01, 2013	print number 2375a
May 01, 2013	amend (t) and recommit to health
Jan 16, 2013	referred to health

Votes

- Jun 18, 2013 - Floor Vote
  S2375B
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2013
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (2)
      
      Ball
      
      Montgomery
      
      excused (1)
      
      Sampson
  Jun 18, 2013 - Rules Committee Vote
  S2375B
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2013
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Montgomery
      
      Perkins
      
      abstained (1)
      
      Hannon

Bill Amendments

Original

B (Active)

2013-S2375 - Details

See Assembly Version of this Bill:: A2116
Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S5572, A8128

2013-S2375 - Summary

Requires the department of health to post inspection results of public food service establishments on the department's website for the most recent three years; includes exemptions.

2013-S2375 - Sponsor Memo

                                BILL NUMBER:S2375

TITLE OF BILL:  An act to amend the public health law, in relation to
requiring public food service establishment inspection results to be
posted on the department of health's website and authorizing the
establishment of a letter grading system to classify inspection
results

PURPOSE OR GENERAL IDEA OF BILL:  To require the NYS Department of
Health (DOH) to make available on its website all public food service
establishment inspection results for the most recent three years and
to establish a system for granting the inspection results.

SUMMARY OF PROVISIONS:

Section 1: Amends the Public Health Law to require the DOH to make
available on its website all public food service inspection results
for the most recent three years. If a county department of health or
local board of health maintains a website, it shall post a link to the
department's website where the food service establishment inspection
results are available.

This section further provides that the commissioner shall establish a
system for grading inspection results fox public food service
establishments, which uses the letters A, B, C or D. The department
may make available on its website the corresponding letter

identification for all public food service establishment inspections.

A city with a population over one million, with its own health or
sanitary code, that establishes, enforces and maintains its own system
of scoring and grading inspections of food service establishments
within its jurisdiction shall be exempted from the provisions of this
section. It is understood, that this bill, if enacted into law, does
not curtail the ability of a county health department to establish its
own restaurant grading system.

Section two provides the effective date.

JUSTIFICATION:  The 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.

Inspection results are currently available online in only a small
number of counties, on the county department of health's website. For
citizens in the rest of the state, the only way they would likely be
able to access an inspection report is if they specifically requested
it from the county. Posting the inspection results on the DOH website
will provide easy access to the public and better enable individuals
to make a well-informed decision about where to eat. In addition, the
fact that this information would be more easily accessible and
publicized would encourage restaurants to ensure safe and sanitary
practices are followed.


County health departments that maintain a website would be required to
post a link on their website to direct visitors to the food service
inspection results on the DOH website. Counties would continue to be
able to make available the inspection results for the county on their
own website should they choose to do so.

Additionally, this bill directs the commissioner to establish a system
fox grading inspection results, which may then be included on its
website with the inspection results. The grading system will use the
letters A, B, C or D, making it easy for people to identify the
restaurant's performance. It also addresses the fact that county-level
enforcement can result in evaluation criteria and grading systems that
vary widely between jurisdictions. Creating a uniform statewide
grading system will provide much-needed uniformity throughout the
state, and further encourage restaurants to increase their sanitation
standards in order to achieve a higher letter grade.

LEGISLATIVE HISTORY:  2012 - S. 5572 - Referred to Health

FISCAL IMPLICATIONS:  It may have some fiscal implications.

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.

2013-S2375 - Bill Text download pdf

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

                                  2375

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  requiring  public
  food  service  establishment  inspection  results  to be posted on the
  department of health's website and authorizing the establishment of  a
  letter grading system to classify inspection results

  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 INSPECTION RESULTS. 1.
(A) THE DEPARTMENT SHALL MAKE AVAILABLE ON ITS WEBSITE ALL  PUBLIC  FOOD
SERVICE  ESTABLISHMENT  INSPECTION  RESULTS  FOR  THE  MOST RECENT THREE
YEARS.
  (B) IF A COUNTY DEPARTMENT OF HEALTH OR LOCAL BOARD  OF  HEALTH  MAIN-
TAINS  A WEBSITE, IT SHALL POST A LINK TO THE DEPARTMENT'S WEBSITE WHERE
THE FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS ARE AVAILABLE.
  2.  (A)  THE  COMMISSIONER  SHALL  ESTABLISH  A  SYSTEM  FOR   GRADING
INSPECTION  RESULTS FOR PUBLIC FOOD SERVICE ESTABLISHMENTS.  SUCH SYSTEM
SHALL USE LETTERS A, B, C OR D TO IDENTIFY AND REPRESENT  SUCH  GRADING.
IN ESTABLISHING SUCH SYSTEM OF GRADING, 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  SANITA-
TION  OF  THE  PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
WITH STATE AND LOCAL HEALTH LAWS.
  (B) THE DEPARTMENT MAY MAKE AVAILABLE ON ITS WEBSITE THE CORRESPONDING
LETTER IDENTIFICATION FOR EACH PUBLIC FOOD SERVICE ESTABLISHMENT.
  (C) A CITY WITH A POPULATION OVER ONE MILLION,  WITH  ITS  OWN  HEALTH
CODE  OR SANITARY CODE, THAT ESTABLISHES, ENFORCES AND MAINTAINS ITS OWN
SYSTEM OF SCORING AND GRADING INSPECTIONS OF FOOD SERVICE ESTABLISHMENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04910-01-3

S. 2375                             2

WITHIN ITS JURISDICTION SHALL BE EXEMPTED FROM THE  PROVISIONS  OF  THIS
SECTION.
  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.

2013-S2375A - Details

See Assembly Version of this Bill:: A2116
Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S5572, A8128

2013-S2375A - Summary

Requires the department of health to post inspection results of public food service establishments on the department's website for the most recent three years; includes exemptions.

2013-S2375A - Sponsor Memo

                                BILL NUMBER:S2375A

TITLE OF BILL:  An act to amend the public health law, in relation to
requiring public food service establishment inspection results to be
posted on the department of health's website

PURPOSE OR GENERAL IDEA OF BILL: To require the NYS Department of
Health (DOH) to make available on its website all public food service
establishment inspection results for the most recent three years and
to require those local health departments that maintain a website to
post a link to the DOH website where inspection results are available.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Public Health Law section 1352-d to require DOH
to make available and prominently post on its website all public food
service inspections results for the most recent three years. If a
county department of health or local board of health maintains a
website, it shall post a link to the department a website where the
food service establishment inspection results are available.

This section also provides that New York City shall be exempted from
the provisions of this section. This is because the City of New York
already has a restaurant grading system regulation in place where each
food service establishment's health standard and cleanliness grade is
posted prominently in such eating establishment.

Section 2: This act shall take effect one year after it shall have
become law so that there is sufficient time to implement this act.

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 sanitary codes.

Posting the inspection results on the DOH website will provide easy
access to the public and better enable individuals to make a well
informed decision about where to eat. In addition, the fact that this
information would be more easily accessible and publicized to the
general public should help to encourage that all food service
establishments will consistently practice safe and sanitary food
handling, storage and preparation practices.

County health departments that maintain a website would be required to
post a link on their website to direct visitors to the food service
inspection results on the DOH website. Counties would continue to be
able to make available the inspection results for the county on their
own website should they choose to do so.

LEGISLATIVE HISTORY: Similar. to A.8128C, of 2011 reported referred to
codes and 2012 reported referred to ways and means. Same as S.5572
(Klein), of 2011 and 2012, referred to health.

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.

2013-S2375A - Bill Text download pdf

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

                                 2375--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to requiring public
  food service establishment inspection results  to  be  posted  on  the
  department of health's website

  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 INSPECTION RESULTS. 1.
(A) THE DEPARTMENT SHALL MAKE AVAILABLE  AND  PROMINENTLY  POST  ON  ITS
WEBSITE ALL PUBLIC FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS FOR THE
MOST RECENT THREE YEARS.
  (B)  IF  A  COUNTY DEPARTMENT OF HEALTH OR LOCAL BOARD OF HEALTH MAIN-
TAINS A WEBSITE, IT SHALL POST A LINK TO THE DEPARTMENT'S WEBSITE  WHERE
THE FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS ARE AVAILABLE.
  2.  A  CITY  WITH A POPULATION OVER ONE MILLION SHALL BE EXEMPTED FROM
THE PROVISIONS OF THIS SECTION.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04910-05-3

2013-S2375B (ACTIVE) - Details

See Assembly Version of this Bill:: A2116
Law Section:: Public Health Law
Laws Affected:: Add §1352-d, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S5572, A8128

2013-S2375B (ACTIVE) - Summary

Requires the department of health to post inspection results of public food service establishments on the department's website for the most recent three years; includes exemptions.

2013-S2375B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2375B

TITLE OF BILL:  An act to amend the public health law, in relation to
requiring public food service establishment inspection results to be
posted on the department of health's website

PURPOSE OR GENERAL IDEA OF BILL:  To require the NYS Department of
Health (DOH) to make available on its website all public food service
establishment inspection results for the most recent three years and to
require those local health departments that maintain a website to post a
link to the DOH website where inspection results are available.

SUMMARY OF PROVISIONS:  Section 1: Adds a new Public Health Law section
1352-d to require DOH to make available and prominently post on its
website all public food service inspections results for the most recent
three years. If a county department of health or local board of health
maintains a website, it shall post a link to the department's website
where the food service establishment inspection results are available.

This section also provides that New York City shall be exempted from the
provisions of this section. This is because the City of New York already
has a restaurant grading system regulation in place where each food
service establishment's health standard and cleanliness grade is posted
prominently in such eating establishment.

Section 2: This act shall take effect one year after it shall have

become law so that there is sufficient time to implement this act.

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 establish-
ments to evaluate the safety and sanitation of the premises, and monitor
food handling practices to ensure adequate compliance with state and
local sanitary codes.

Posting the inspection results on the DOH website will provide easy
access to the public and better enable individuals to make a well
informed decision about where to eat. In addition, the fact that this
information would be more easily accessible and publicized to the gener-
al public should help to encourage that all food service establishments
will consistently practice safe and sanitary food handling, storage and
preparation practices.

County health departments that maintain a website would be required to
post a link on their website to direct visitors to the food service
inspection results on the DOH website. Counties would continue to be
able to make available the inspection results for the county on their
own website should they choose to do so.

LEGISLATIVE HISTORY:  Similar to A.8128C, of 2011 reported referred to
codes and 2012 reported referred to ways and means. Same as S.5572
(Klein), of 2011 and 2012, referred to health.

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.

2013-S2375B (ACTIVE) - Bill Text download pdf

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

                                 2375--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to  requiring  public
  food  service  establishment  inspection  results  to be posted on the
  department of health's website

  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  INSPECTION  RESULTS.  1.
(A)  THE  DEPARTMENT  SHALL  MAKE  AVAILABLE AND PROMINENTLY POST ON ITS
WEBSITE ALL PUBLIC FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS FOR THE
MOST RECENT THREE YEARS FOR WHICH DATA IS AVAILABLE, WHICH SHALL INCLUDE
THE DETERMINATION CONCERNING ANY ALLEGED VIOLATION OF THIS TITLE.
  (B) AS USED IN THIS SECTION,  "ITS  WEBSITE"  MEANS  A  WEBSITE  OR  A
PORTION  OF  A  WEBSITE  MAINTAINED  BY AN ENTITY OF STATE GOVERNMENT ON
WHICH THE DEPARTMENT REGULARLY POSTS DEPARTMENTAL INFORMATION.
  (C) IF A COUNTY DEPARTMENT OF HEALTH OR LOCAL BOARD  OF  HEALTH  MAIN-
TAINS  A WEBSITE, IT SHALL POST A LINK TO THE DEPARTMENT'S WEBSITE WHERE
THE FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS ARE AVAILABLE.
  2. A CITY WITH A POPULATION OVER ONE MILLION SHALL  BE  EXEMPTED  FROM
THE PROVISIONS OF THIS SECTION.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04910-09-3

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Senate Bill S2375B

Share this bill

Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2013-S2375 - Details

2013-S2375 - Summary

2013-S2375 - Sponsor Memo

2013-S2375 - Bill Text download pdf

2013-S2375A - Details

2013-S2375A - Summary

2013-S2375A - Sponsor Memo

2013-S2375A - Bill Text download pdf

2013-S2375B (ACTIVE) - Details

2013-S2375B (ACTIVE) - Summary

2013-S2375B (ACTIVE) - Sponsor Memo

2013-S2375B (ACTIVE) - Bill Text download pdf

Comments