NY State Senate Bill 2017-S4173

Senate Bill S4173

Signed By Governor

2017-2018 Legislative Session

Directs the department of education of the city of New York to provide information to the public relating to inspections of school kitchens and cafeterias

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
Sep 13, 2017	signed chap.313
Sep 01, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly
Jun 19, 2017	ordered to third reading rules cal.446 substituted for a7684
May 24, 2017	referred to education delivered to assembly passed senate
May 01, 2017	amended on third reading (t) 4173a
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.396
Feb 06, 2017	referred to cities

Votes

- May 24, 2017 - Floor Vote
  S4173
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2017
      
      aye (60)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Montgomery
      
      excused (1)
      
      Addabbo Jr.
  Mar 7, 2017 - Committee Vote
  S4173
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 7, 2017
      
      aye (6)
      
      Akshar
      
      Avella
      
      Felder
      
      Funke
      
      Jacobs
      
      Serrano
      
      aye wr (1)
      
      Persaud

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4173 - Details

Law Section:: New York City Administrative Code
Laws Affected:: Add §23-702, NYC Ad Cd

2017-S4173 - Summary

Directs the department of education of the city of New York to provide information to the public relating to inspections of school kitchens and cafeterias.

2017-S4173 - Sponsor Memo

                                 BILL NUMBER:  S4173

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to creating a public school cafeteria and
school kitchen grading system

 PURPOSE OR GENERAL IDEA OF BILL :

Directs the department of health and mental hygiene of the city of New
York to inspect and grade school cafeterias and kitchens in the city
and such grades shall be posted in the school as well as notified to
interested community members

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Adds section 23-702 to the administrative code of the City
of New York to require the Department of Health and Mental Hygiene in
the City of New York to issue letter grades subsequent to sanitary
inspections of a kitchen and cafeteria operated within a school
operated by the city school district. Such letter grades shall be
posted in the school as well as notified to interested community
members. The letter grades will not be considered in promotion or
discipline proceedings for any cafeteria or kitchen employee. Any
school who receives any letter grade of "B" or "C" shall include in
the notification a description of The violations and its plan for
remediation.

Section 2: Directs the Commissioner of the Department of Health and
Mental Hygiene of the City of New York to amend the New York City
health code to allow food service establishments operated in or by
secondary schools in New York City to be graded and have such grade
posted.

 JUSTIFICATION :

In November 2016, the Independent Democratic Conference published a
report titled "School Lunch Flunks, An Investigation into the Dirtiest
New York City Public School Cafeterias" analyzing data provided by the
department of health and mental hygiene from 2013-2016. In 2015-2016
alone, inspectors found 442 mice related violations in 320 different
school cafeterias; 155 violations for flies in 136 schools and rat
activity in 4 schools. The number of violations has increased by 17%
between 2013-2014 and 2015-2016, and while New York City restaurants
are subject to a grading system to encourage clean and safe dining,
New York City public schools do not have the same transparency. This
legislation will provide this transparency to parents of over a
million students within the New York City school system who rely on
school cafeterias for meals every day, and promote cleanliness and a
sanitary environment for these students.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S4173 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4173
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  creating  a  public  school cafeteria and school kitchen
   grading system

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 23-702 to read as follows:
   § 23-702 SCHOOL CAFETERIA AND KITCHEN INSPECTION DATA. A. FOR SO  LONG
 AS  THE  DEPARTMENT  OF  HEALTH  AND  MENTAL  HYGIENE  OPERATES SANITARY
 INSPECTIONS, AS PROVIDED IN SECTIONS  14-1.190,  14-1.191,  14-1.194  OF
 TITLE 10 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS, AND SECTION
 81.05  OF THE CITY HEALTH CODE, SUCH DEPARTMENT SHALL SUBSEQUENTLY ISSUE
 A LETTER GRADE OF EITHER "A", "B" OR "C" TO EACH CAFETERIA  AND  KITCHEN
 WITHIN  A  SCHOOL  OPERATED  BY  THE CITY SCHOOL DISTRICT FOR THAT CYCLE
 AFTER ANY HEARING OR DISPUTE REGARDING SUCH SCORING  IS  RESOLVED.  SUCH
 INSPECTION  DATA  IS ONLY VALID IF THE APPROPRIATE SUPERVISOR IS PRESENT
 THROUGHOUT THE INSPECTION. INSPECTION SCORES  PROVIDED  TO  SUCH  SCHOOL
 CAFETERIAS  AND  KITCHENS SHALL BE CONVERTED TO LETTER GRADES AND POSTED
 CONSPICUOUSLY IN COMPLIANCE WITH SUBDIVISIONS (A)  AND  (B)  OF  SECTION
 81.51 OF THE CITY HEALTH CODE. SUCH LETTER GRADES SHALL BE POSTED IN THE
 APPROPRIATE  SCHOOL,  AS WELL AS NOTICE PROVIDED TO INTERESTED COMMUNITY
 MEMBERS, SUCH AS PARENTS, ON  PUBLIC  SCHOOL  WEBSITES,  SCHOOL  QUALITY
 REPORTS  AND/OR  THE CITY'S DEPARTMENT OF EDUCATION WEBSITE. SUCH LETTER
 GRADE SHALL NOT BE CONSIDERED IN PROMOTION OR DISCIPLINE PROCEEDINGS FOR
 ANY CAFETERIA OR KITCHEN EMPLOYEE.
   B. THE DEPARTMENT SHALL ISSUE LETTER GRADES TO EACH  SCHOOL  CAFETERIA
 AND KITCHEN SUBSEQUENT TO ANY INSPECTION CYCLE AS FOLLOWS:
   (I)  A  LETTER  GRADE OF "A" SHALL BE GIVEN TO ANY SCHOOL CAFETERIA OR
 KITCHEN THAT RECEIVES FEWER THAN 14 POINTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09236-03-7

 S. 4173                             2
 
   (II) A LETTER GRADE OF "B" SHALL BE GIVEN TO ANY SCHOOL  CAFETERIA  OR
 KITCHEN THAT RECEIVES 14 TO 27 POINTS; AND
   (III)  A LETTER GRADE OF "C" SHALL BE GIVEN TO ANY SCHOOL CAFETERIA OR
 KITCHEN THAT RECEIVES 28 OR MORE POINTS.
   C. POINTS ACCUMULATED AND CONVERTED INTO A LETTER GRADE SHALL BE BASED
 WITHIN THE SCOPE OF THE WORK SCHEDULES OF THE SCHOOL CAFETERIA OR KITCH-
 EN WORKERS AS DEFINED BY THE RELEVANT COLLECTIVE BARGAINING AGREEMENT.
   D. ANY SCHOOL WHO RECEIVES A LETTER GRADE OF "B" OR "C" SHALL  INCLUDE
 IN THE NOTICE REQUIRED BY SUBDIVISION A OF THIS SECTION A DESCRIPTION OF
 ITS  VIOLATIONS AND ITS PLAN FOR REMEDIATION PRIOR TO THE NEXT SCHEDULED
 INSPECTION. SUCH SCHOOL SHALL INCLUDE IN ITS PLAN FOR REMEDIATION HOW IT
 PROPOSES TO ADDRESS ITS VIOLATIONS AND ASSIST CAFETERIA  AND/OR  KITCHEN
 EMPLOYEES IN IMPROVING ITS CAFETERIA'S AND/OR KITCHEN'S CONDITIONS. THIS
 NOTIFICATION  SHALL  BE WRITTEN WITHIN THE SCOPE OF THE WORK SCHEDULE OF
 THE SCHOOL CAFETERIA OR KITCHEN  WORKERS  AS  DEFINED  BY  THE  RELEVANT
 COLLECTIVE BARGAINING AGREEMENT.
   E.  THE  SCHOOL  CAFETERIA  AND/OR KITCHEN SHALL POST ITS LETTER GRADE
 UNTIL THE DEPARTMENT ISSUES IT A NEW LETTER GRADE CARD OR UNTIL A "GRADE
 PENDING" CARD IS REQUIRED TO BE POSTED IN THE SCHOOL CAFETERIA'S  AND/OR
 KITCHEN'S NEXT INSPECTION CYCLE.
   §  2.  The commissioner of the department of health and mental hygiene
 of the city of New York is directed to amend the New  York  city  health
 code to allow food services establishments operated in or by the schools
 of the city school district of the city of New York to be graded by such
 department and have such grade posted.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2017-S4173A (ACTIVE) - Details

Law Section:: New York City Administrative Code
Laws Affected:: Add §23-702, NYC Ad Cd

2017-S4173A (ACTIVE) - Summary

Directs the department of education of the city of New York to provide information to the public relating to inspections of school kitchens and cafeterias.

2017-S4173A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4173A

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to public school cafeteria and school kitchen
inspection data

 PURPOSE OR GENERAL IDEA OF BILL :

Directs the department of education of the city of New York to provide
information to the public relating to inspections of school kitchens
and cafeterias.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Adds section 23-702 to the administrative code of the City
of New York to require the Department of Education in the City of New
York to post, on its website, information relating to cafeteria or
school kitchen inspections. The City school district must provide the
following information: date of the inspection or reinspection; the
name and address of the school where the cafeteria or kitchen is
located; the facts established relating to any violations and the
severity level of such violations; citations to the laws, regulations
or rules for observed violations; and any corrective actions taken in
response to such inspections. Inspection results must be searchable by
the school name and address. Also requires each school to annually
notify parents and guardians that such information is available on

DOE's website.

Section 2: Effective date.

 JUSTIFICATION :

In November 2016, the Independent Democratic Conference published a
report titled "School Lunch Flunks, An Investigation into the Dirtiest
New York City Public School Cafeterias" analyzing data provided by the
department of health and mental hygiene from 2013-2016. In 2015-2016
alone, inspectors found 442 mice related violations in 320 different
school cafeterias; 155 violations for flies in 136 schools and rat
activity in 4 schools. The number of violations has increased by 17%
between 2013-2014 and 2015-2016, yet many families do not know that
their school cafeterias are inspected or the results of such
inspections.  This legislation will provide transparency to parents of
over a million students within the New York City school system who
rely on school cafeterias for meals every day, and will encourage
cleanliness and a sanitary environment for these students.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S4173A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4173--A
     Cal. No. 396
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Cities -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to public school cafeteria and school kitchen inspection data
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 23-702 to read as follows:
   § 23-702 SCHOOL CAFETERIA AND KITCHEN INSPECTION DATA. A. WHENEVER ANY
 CAFETERIA  OR  KITCHEN  IN  A  SCHOOL  OF  THE  CITY  SCHOOL DISTRICT IS
 INSPECTED BY THE DEPARTMENT OF  HEALTH  AND  MENTAL  HYGIENE,  THE  CITY
 SCHOOL DISTRICT SHALL POST THE FOLLOWING INFORMATION ON ITS WEBSITE:
   1. THE DATE OF THE INSPECTION OR REINSPECTION;
   2. THE NAME AND ADDRESS OF THE SCHOOL WHERE THE INSPECTED CAFETERIA OR
 KITCHEN IS LOCATED;
   3.  THE  FACTS  ESTABLISHED  OBSERVED  VIOLATIONS, IF ANY, DURING SUCH
 INSPECTION AND THE SEVERITY LEVEL OF SUCH VIOLATIONS;
   4. CITATIONS TO THE LAWS, REGULATIONS  OR  RULES  FOR  ANY  VIOLATIONS
 OBSERVED DURING SUCH INSPECTION; AND
   5. ANY CORRECTIVE ACTIONS TAKEN IN RESPONSE TO SUCH INSPECTION.
   B. INSPECTION RESULTS POSTED ON THE WEBSITE FOR THE CITY DEPARTMENT OF
 EDUCATION  PURSUANT  TO  THIS  SECTION SHALL BE SEARCHABLE BY THE SCHOOL
 NAME AND ADDRESS.
   C. AT LEAST ONCE EVERY SCHOOL YEAR, THE PRINCIPAL OF EVERY  SCHOOL  OF
 THE CITY SCHOOL DISTRICT WHERE STUDENTS USE A CAFETERIA OR KITCHEN SHALL
 INFORM  THE PARENT OR LEGAL GUARDIAN OF EACH STUDENT OF SUCH SCHOOL THAT
 THE INFORMATION REQUIRED BY THIS SECTION IS AVAILABLE ON THE WEBSITE  OF
 THE CITY DEPARTMENT OF EDUCATION. THE PRINCIPAL SHALL INFORM SUCH PARENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09236-04-7

 S. 4173--A                          2
 
 OR  LEGAL  GUARDIAN  THAT  SUCH  INFORMATION  IS  AVAILABLE  IN A MANNER
 CONSISTENT WITH HOW OTHER INFORMATION IS COMMUNICATED TO SUCH PARENT  OR
 LEGAL GUARDIAN, INCLUDING, BUT NOT LIMITED TO, EMAIL, MAIL, PARENT NEWS-
 LETTER OR NOTICE TO STUDENTS TO SHOW THEIR PARENT OR LEGAL GUARDIAN.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S4173

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Tony Avella

2017-S4173 - Details

2017-S4173 - Summary

2017-S4173 - Sponsor Memo

2017-S4173 - Bill Text download pdf

co-Sponsors

Tony Avella

2017-S4173A (ACTIVE) - Details

2017-S4173A (ACTIVE) - Summary

2017-S4173A (ACTIVE) - Sponsor Memo

2017-S4173A (ACTIVE) - Bill Text download pdf

Comments