This bill has been amended

Bill S39-2013

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

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".

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  • Jan 8, 2014: REFERRED TO HEALTH
  • Jan 9, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S39

TITLE OF BILL: An act to amend the public health law, in relation to the establishment of a letter grading system to classify inspection results for entertainment venue food service establishments

PURPOSE OR GENERAL IDEA OF BILL: Directs commissioner of health to establish a uniform letter grading system to classify results inspections of entertainment venue food service establishments.

SUMMARY OF SPECIFIC 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 reinspection, 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 establishment.

JUSTIFICATION: A recent 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 fatalities.

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.

PRIOR LEGISLATIVE HISTORY: 2011-12: S.4840-A 2010: S.8458

FISCAL IMPLICATIONS: To be determined.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 39 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PERALTA -- 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 of a letter grading system to classify inspection results for enter- tainment 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-d to read as follows: S 1352-D. ENTERTAINMENT VENUE FOOD SERVICE GRADING SYSTEM. 1. THE COMMISSIONER SHALL ESTABLISH 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 SANITARY 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 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 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 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 COMPLIANCE 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 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; OR (B) DO NOT ENGAGE IN THE RETAIL SALE OF FOOD FOR ON-PREMISES OR OFF-PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT. 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. 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.

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