S T A T E   O F   N E W   Y O R K
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                                 1311--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens. PERALTA, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  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-f to read as follows:
  S  1352-F. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00151-02-6
              

S. 1311--A                          2

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.