Assembly Bill A11528

2009-2010 Legislative Session

Directs commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a food service establishment

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2009-A11528 (ACTIVE) - Details

See Senate Version of this Bill:
S8171
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1352-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A84, S1032
2013-2014: A4157, S2853

2009-A11528 (ACTIVE) - Summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a 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"; provisions do not apply to food establishments in cities having a population of one million or more.

2009-A11528 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11528

                          I N  A S S E M B L Y

                              June 22, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
  read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to the  establishment
  of  a  letter grading system to classify inspection results for public
  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-d to read as follows:
  S 1352-D. PUBLIC FOOD SERVICE ESTABLISHMENT  GRADING  SYSTEM.  1.  THE
COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
PUBLIC  FOOD  SERVICE  ESTABLISHMENTS,  AS DEFINED IN THE STATE SANITARY
CODE, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS, DINING  ROOMS,  DELIS,
BAKERIES  OR  ANY OTHER PLACE WHERE FOOD IS PREPARED, SOLD OR SERVED FOR
CONSUMPTION BY THE GENERAL  PUBLIC.  SUCH  SYSTEM  SHALL  USE  AND  POST
LETTERS A, B OR C TO IDENTIFY AND REPRESENT SUCH GRADING AND CLASSIFICA-
TION  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  SANITA-
TION  OF  THE  PREMISES AND FOOD HANDLING PRACTICES TO ENSURE COMPLIANCE
WITH STATE AND LOCAL HEALTH LAWS.
  2. SUCH PUBLIC FOOD SERVICE  ESTABLISHMENT  SHALL  CONSPICUOUSLY  POST
NEAR THE ENTRANCE TO SUCH ESTABLISHMENT THE LETTER GRADE IDENTIFYING AND
REPRESENTING  THE  RESULT  OF  SUCH ESTABLISHMENT'S MOST RECENTLY GRADED
INSPECTION BY THE LOCAL HEALTH OFFICER. SUCH POSTING SHALL  BE  DONE  IN
ACCORDANCE  WITH  RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
FOR ANY FOOD SERVICE ESTABLISHMENT RECEIVING A GRADE LOWER THAN "A", THE
LOCAL HEALTH OFFICER SHALL ADVISE THE ESTABLISHMENT OF ITS GRADE AND THE
FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL HEALTH OFFICER  SHALL
CONDUCT  A  SUBSEQUENT  INSPECTION OF SUCH 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

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

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