NY State Senate Bill 2019-S850

Senate Bill S850

2019-2020 Legislative Session

Directs commissioner of health to establish a uniform letter grading system in certain cities to classify results of inspections of entertainment venue food service establishments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jan 09, 2019	referred to health

2019-S850 (ACTIVE) - Details

See Assembly Version of this Bill:: A2375
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8458
2011-2012: S4840
2013-2014: S39
2015-2016: S1350
2017-2018: S477, A5978
2021-2022: S608, A3091

2019-S850 (ACTIVE) - Summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of an entertainment food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A".

2019-S850 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S850

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the public health law, in relation to the establishment
in cities having a population of one million or more of a letter grading
system to classify inspection results for entertainment venue food
service establishments

 
PURPOSE:

Directs commissioner of health to establish a uniform letter grading
system in certain cities to classify results of inspections of enter-
tainment venue food service establishments

 
SUMMARY OF PROVISIONS:

This bill requires the establishment of a system for grading the
inspection results of food service establishments located within or
otherwise owned operated or controlled by places of entertainment,

including privately or publicly owned and operated facilities such as a
theatre, stadium, arena, race-track, museum, amusement park, or other
place where performances, concerts, exhibits, athletic games or contests
are held for which a donation is recommended or required or an entry fee
is charged to post the letter grade representing the result of the most
recent health inspection.

Due process safeguards are part of this bill. If a letter grade of "A"
is not received, the establishment will receive the inspection findings,
and can request a re-inspection that will occur within 7 to 21 days.
After the re-inspection, a letter grade will again be assigned. if the
re- inspection, that finding can be appealed and a review shall occur
within 30 days. This system shall not apply to:

- premises licensed for on-premise consumption of alcoholic beverages
pursuant to the.alcoholic beverage control law when less than ten
percent of the gross sales of such establishment is derived from the
retail sale of food for on-premises consumption; or

- food service establishments that do not engage in the retail sale of
food for on-premises or off premises consumption from such establish-
ment; or

-establishments located outside of a city of one million or more.

 
EXISTING LAW:

Current law does not require posting of clear simply understood ratings
for food safety at food service establishments at entertainment venues.

 
JUSTIFICATION:

A report by ESPN "Outside the Lines" highlighted findings of health
department inspection reports for food and beverage outlets at all 107
North American arenas and stadiums that were home to MLB, NFL, NBA and
NHL teams in 2009. From the 107 venues, 30 (28 percent) had been cited
for at least one "critical" or "major" health violation. A "critical" or
"major" health violation is one that poses a risk for food borne
illnesses that can cause an ailment or in extreme cases possible fatali-
ties.

The New York State Department of Health is responsible for the
inspection of public places where food is prepared, sold or served in
New York. Local health department inspectors conduct surprise
inspections to check compliance with state and local laws. A uniform
statewide system of inspection and grading entertainment venue food
service establishments will provide consumers an easy way to decide if
they wish to eat from a particular food establishment. Such system will
provide encouragement to keep food establishments sanitary.

 
LEGISLATIVE HISTORY:

2017-18: S.477/A.5978

2015-2016: S.1350/A

2013-2014 S.39

2011-12: S.4840-A

2010: S.8458

 
FISCAL IMPLICATIONS:

Minimal. In some localities, state DOH officials already conduct food
service inspections.

 
LOCAL FISCAL IMPLICATIONS:

Minimal. Local boards of health already perform food safety inspections.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Provided, however, that effective immediately, any rules and regulations
necessary to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such date.

2019-S850 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    850
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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 the  establishment
   in cities having a population of one million or more of a letter grad-
   ing system to classify inspection results for entertainment venue food
   service establishments
 
   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:
   §  1352-F.  ENTERTAINMENT  VENUE  FOOD SERVICE GRADING SYSTEM. 1.  THE
 COMMISSIONER SHALL ESTABLISH, FOR CITIES  HAVING  A  POPULATION  OF  ONE
 MILLION  OR  MORE,  A  SYSTEM  FOR  GRADING  INSPECTION RESULTS FOR FOOD
 SERVICE ESTABLISHMENTS, TEMPORARY FOOD  SERVICE  ESTABLISHMENTS,  MOBILE
 FOOD  SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED IN THE STATE SANI-
 TARY CODE, THAT ARE LOCATED  WITHIN  OR  OTHERWISE  OWNED,  OPERATED  OR
 CONTROLLED  BY  A  PLACE  OF  ENTERTAINMENT,  INCLUDING ANY PRIVATELY OR
 PUBLICLY OWNED AND OPERATED FACILITY SUCH AS A THEATRE, STADIUM,  ARENA,
 RACETRACK,  MUSEUM,  AMUSEMENT  PARK  OR OTHER PLACE WHERE PERFORMANCES,
 CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS  ARE  HELD  FOR  WHICH  A
 DONATION IS RECOMMENDED OR REQUIRED, OR AN ENTRY FEE IS CHARGED.
   2. THE COMMISSIONER SHALL ESTABLISH, FOR CITIES HAVING A POPULATION OF
 ONE  MILLION  OR MORE, A SYSTEM FOR GRADING INSPECTION RESULTS FOR PLACE
 OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS. SUCH SYSTEM SHALL USE  AND
 POST  LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLAS-
 SIFICATION 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 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 COMPLI-
 ANCE WITH STATE AND LOCAL HEALTH LAWS.
   3. SUCH  PLACE  OF  ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENT  SHALL
 CONSPICUOUSLY  POST  NEAR  THE ENTRANCE TO SUCH ESTABLISHMENT, OR AT THE
 POINT OF SALE, THE LETTER GRADE IDENTIFYING AND REPRESENTING THE  RESULT

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03815-01-9

 S. 850                              2

 OF  SUCH  ESTABLISHMENT'S  MOST  RECENTLY GRADED INSPECTION BY THE LOCAL
 HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTION. SUCH POST-
 ING SHALL BE DONE IN ACCORDANCE WITH RULES AND  REGULATIONS  PROMULGATED
 BY THE COMMISSIONER.  FOR ANY PLACE OF ENTERTAINMENT FOOD SERVICE ESTAB-
 LISHMENT  RECEIVING  A GRADE LOWER THAN "A", THE LOCAL HEALTH OFFICER OR
 THE ENTITY PERFORMING THE INSPECTION SHALL ADVISE THE  ESTABLISHMENT  OF
 ITS  GRADE  AND  THE  FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL
 HEALTH OFFICER OR THE ENTITY  WHICH  PERFORMED  THE  INITIAL  INSPECTION
 SHALL  CONDUCT  A  SUBSEQUENT  INSPECTION OF SUCH PLACE OF ENTERTAINMENT
 FOOD SERVICE ESTABLISHMENT 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 PLACE OF ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENT  WHICH
 INDICATES THE GRADE FOR SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE,
 SUCH  ESTABLISHMENT  SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS
 BASED.  THE PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT MAY APPEAL
 SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE  COMMIS-
 SIONER  FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY SUCH
 APPEAL IS PENDING, A PLACE OF ENTERTAINMENT FOOD  SERVICE  ESTABLISHMENT
 SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
   4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
 PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
   (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
   (B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE  EVERY  NINE
 MONTHS; AND
   (C)  FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST ONCE EVERY THREE
 MONTHS.
   A PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT  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 PLACE  OF  ENTER-
 TAINMENT  FOOD  SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM A
 MEMBER OF THE PUBLIC.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PLACE  OF  ENTER-
 TAINMENT FOOD SERVICE ESTABLISHMENTS WHICH:
   (A)  ARE  PREMISES  LICENSED  FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC
 BEVERAGES PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS  THAN
 TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
 RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION;
   (B)  DO  NOT ENGAGE IN THE RETAIL SALE OF FOOD FOR ON-PREMISES OR OFF-
 PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT; OR
   (C) IS NOT LOCATED IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE.
   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.
   § 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.

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