S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1525
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. SIMON
   -- 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. The agriculture and markets law is amended by adding a  new
 section 501 to read as follows:
   §  501.  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  FIVE  HUNDRED  OF
 THIS  ARTICLE. SUCH SYSTEM SHALL USE AND POST LETTERS A, B OR C TO IDEN-
 TIFY 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  HANDLING
 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
 FOR  REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY SUCH APPEAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04441-01-5
              

 A. 1525                             2
 
 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 to be made and completed on or  before
 such effective date.