S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6656--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 19, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  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 securing of
   grease traps  and interceptors by food establishments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Bryce's law".
   § 2. The public health law is amended by adding a new  section  1352-f
 to read as follows:
   § 1352-F. SECURING OF GREASE TRAPS AND INTERCEPTORS BY FOOD ESTABLISH-
 MENTS.  1.   FOR THE PURPOSES OF THIS SECTION "FOOD ESTABLISHMENT" SHALL
 MEAN ANY BUSINESS OR ORGANIZATION ENGAGED IN THE  PREPARATION,  SALE  OR
 SERVICE OF FOOD.
   2. A FOOD ESTABLISHMENT WITH A GREASE TRAP OR INTERCEPTOR MANHOLE THAT
 IS  LOCATED  OUTDOORS  OR  ACCESSIBLE TO THE GENERAL PUBLIC SHALL ENSURE
 THAT SUCH MANHOLE IS DESIGNED TO WITHSTAND EXPECTED  LOADS  AND  PREVENT
 ACCESS  BY  CHILDREN.  THE  MANHOLE  COVER SHALL BE SECURED BY A BOLT OR
 LOCKING MECHANISM OR BE  CONSTRUCTED  OF  ROUND  CAST  IRON  OR  SIMILAR
 CONSTRUCTION  RATED  FOR  HEAVY  ROAD  TRAFFIC WITH SUFFICIENT WEIGHT TO
 PREVENT UNAUTHORIZED ACCESS. SUCH GREASE  TRAP  OR  INTERCEPTOR  MANHOLE
 SHALL  INCLUDE  A  SECONDARY PROTECTION DEVICE CONSISTING OF A SCREEN OR
 NETTING SUFFICIENT TO PREVENT A PERSON FROM FALLING INTO  SUCH  TRAP  OR
 INTERCEPTOR. A PUBLIC WATER OR SEWER AUTHORITY MAY SPECIFY EITHER MANNER
 OF  MANHOLE ACCESS EXCLUSIVELY, PROVIDED IT CONFORMS TO THIS SUBDIVISION
 AND PREVENTS UNAUTHORIZED ACCESS.
   3. (A) A FOOD ESTABLISHMENT WITH A GREASE TRAP OR INTERCEPTOR  MANHOLE
 THAT  IS  LOCATED  OUTDOORS  OR  ACCESSIBLE  TO THE GENERAL PUBLIC SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13511-09-9
              

 S. 6656--A                          2
 
 ENSURE THAT SUCH GREASE TRAP OR INTERCEPTOR MANHOLE IS SECURED OR LOCKED
 AT ALL TIMES.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, A FOOD ESTAB-
 LISHMENT MAY UNSECURE OR UNLOCK A GREASE TRAP OR INTERCEPTOR MANHOLE FOR
 THE PURPOSE OF CLEANING, MAINTENANCE OR INSPECTION,  PROVIDED,  HOWEVER,
 THAT  NO  FOOD  ESTABLISHMENT SHALL ALLOW OR CAUSE SUCH MANHOLE TO BE OR
 REMAIN UNATTENDED WHILE UNSECURED OR UNLOCKED.
   4. A FOOD ESTABLISHMENT WITH A  GREASE  TRAP  OR  INTERCEPTOR  MANHOLE
 SHALL  CONSPICUOUSLY  DISPLAY  A  WARNING  SIGN  AT THE LOCATION OF SUCH
 MANHOLE. THE FORM AND CONTENT OF SUCH SIGN SHALL BE PROMULGATED  BY  THE
 COMMISSIONER.
   5.  (A)  THE  COMMISSIONER,  OR  HIS  OR  HER DULY AUTHORIZED AGENT OR
 EMPLOYEE, SHALL CONDUCT AN ANNUAL INSPECTION OF THE COMPLIANCE  OF  EACH
 FOOD ESTABLISHMENT WITH THE PROVISIONS OF THIS SECTION.
   (B)  EVERY  OWNER, OPERATOR, LESSOR, LESSEE OR PERSON IN CHARGE OF ANY
 FOOD ESTABLISHMENT SHALL PERMIT THE COMMISSIONER, OR  HIS  OR  HER  DULY
 AUTHORIZED  AGENTS  OR EMPLOYEES, TO HAVE ACCESS TO ALL PARTS OF ANY AND
 ALL OF SUCH FOOD ESTABLISHMENT FOR THE PURPOSE OF  ASCERTAINING  WHETHER
 THE PROVISIONS OF THIS SECTION ARE BEING OBSERVED.
   §  3.  This  act shall take effect on the thirtieth day 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  to be made and
 completed on or before such effective date.