S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4146
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04995-01-7

 A. 4146                             2
 
 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.
   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.
   § 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.