Requires the department of health to post inspection results of public food service establishments on the department's website for the most recent three years; includes exemptions.
Ayes (60): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Ball, Montgomery
Excused (1): Sampson
TITLE OF BILL: An act to amend the public health law, in relation to requiring public food service establishment inspection results to be posted on the department of health's website
PURPOSE OR GENERAL IDEA OF BILL: To require the NYS Department of Health (DOH) to make available on its website all public food service establishment inspection results for the most recent three years and to require those local health departments that maintain a website to post a link to the DOH website where inspection results are available.
SUMMARY OF PROVISIONS: Section 1: Adds a new Public Health Law section 1352-d to require DOH to make available and prominently post on its website all public food service inspections results for the most recent three years. If a county department of health or local board of health maintains a website, it shall post a link to the department's website where the food service establishment inspection results are available.
This section also provides that New York City shall be exempted from the provisions of this section. This is because the City of New York already has a restaurant grading system regulation in place where each food service establishment's health standard and cleanliness grade is posted prominently in such eating establishment.
Section 2: This act shall take effect one year after it shall have become law so that there is sufficient time to implement this act.
JUSTIFICATION: DOH is charged with inspecting and supervising all public places in New York in which food is prepared, sold or served, including restaurants and cafeterias. Inspectors from local health departments conduct unannounced inspections of food service establishments to evaluate the safety and sanitation of the premises, and monitor food handling practices to ensure adequate compliance with state and local sanitary codes.
Posting the inspection results on the DOH website will provide easy access to the public and better enable individuals to make a well informed decision about where to eat. In addition, the fact that this information would be more easily accessible and publicized to the general public should help to encourage that all food service establishments will consistently practice safe and sanitary food handling, storage and preparation practices.
County health departments that maintain a website would be required to post a link on their website to direct visitors to the food service inspection results on the DOH website. Counties would continue to be able to make available the inspection results for the county on their own website should they choose to do so.
LEGISLATIVE HISTORY: Similar to A.8128C, of 2011 reported referred to codes and 2012 reported referred to ways and means. Same as S.5572 (Klein), of 2011 and 2012, referred to health.
FISCAL IMPLICATIONS; None.
EFFECTIVE DATE: This act shall take effect one year after it shall have become a law. The commissioner of health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 2375--B 2013-2014 Regular Sessions IN SENATE January 16, 2013 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to requiring public food service establishment inspection results to be posted on the department of health's website 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 INSPECTION RESULTS. 1. (A) THE DEPARTMENT SHALL MAKE AVAILABLE AND PROMINENTLY POST ON ITS WEBSITE ALL PUBLIC FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS FOR THE MOST RECENT THREE YEARS FOR WHICH DATA IS AVAILABLE, WHICH SHALL INCLUDE THE DETERMINATION CONCERNING ANY ALLEGED VIOLATION OF THIS TITLE. (B) AS USED IN THIS SECTION, "ITS WEBSITE" MEANS A WEBSITE OR A PORTION OF A WEBSITE MAINTAINED BY AN ENTITY OF STATE GOVERNMENT ON WHICH THE DEPARTMENT REGULARLY POSTS DEPARTMENTAL INFORMATION. (C) IF A COUNTY DEPARTMENT OF HEALTH OR LOCAL BOARD OF HEALTH MAIN- TAINS A WEBSITE, IT SHALL POST A LINK TO THE DEPARTMENT'S WEBSITE WHERE THE FOOD SERVICE ESTABLISHMENT INSPECTION RESULTS ARE AVAILABLE. 2. A CITY WITH A POPULATION OVER ONE MILLION SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS SECTION. S 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04910-09-3