Relates to the establishment of a letter grading system for supermarkets.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the establishment of a letter grading system for supermarkets
PURPOSE OR GENERAL IDEA OF BILL
This legislation will impose a letter grading system for inspections of establishments engaged in the retail sale of food for on-premises or off-premises consumption.
SUMMARY OF SPECIFIC PROVISIONS
Section 1 of the bill amends the agriculture and markets law by adding a new section 501 that calls on the commissioner to create a system for grading inspection results for supermarkets. *The system will use and post letters A, B and C to identify and represent such grading and classification with all other lower grades being deemed to be failing grades. The grading system will take into account the provisions of the state sanitary coed to establish the grading system that reflects the safety and sanitation of the premises and food handling practices to ensure compliance with state and local health law. *Supermarkets will be required to "conspicuously post" the letter grade of the most recently graded inspection. *For any supermarket receiving below an "A" grade, a subsequent inspection is required not sooner than 7 nor later than 21 days from the date of the inspection at which the grade was given. *Supermarkets may appeal the subsequent assignment of a letter grade designation to the commissioner for review within 30 days of such assignment. *Suggested intervals between regularly scheduled inspections of supermarkets may be as follows: establishments with a grade of "A" at least once per year, with a grade of "13" at least once every 9 months, with a grade "C" at least once every six months. *Supermarkets may request a reinspection from the local health officer and shall pay the department of fee of up to $250. *This section shall not apply to establishments operated in college or university campuses or correctional facilities or sponsored by a charitable organization.
Section 2 of the bill sets forth an effective date one year after it shall have become law; provided, however, that effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized to be made on or before such date.
Supermarkets should be subject to the same letter grading system for inspections of safety, sanitation and food handling practices that have been successfully implemented in the city of New York.
These letter grading systems lend necessary transparency to the inspection process and ensure that the public is fully aware of any potential safety hazards. In this way the public can be a better
educated consumer and supermarkets will be encouraged to seek the highest standards of sanitation and food handling practices.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect one year after it shall have become law; provided, however, that effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized to be made on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 6216 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the agriculture and markets law, in relation to the establishment of a letter grading system for supermarkets 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: S 501. SUPERMARKET GRADING SYSTEM. 1. FOR PURPOSES OF THIS SECTION, "SUPERMARKET" SHALL MEAN ANY ESTABLISHMENT THAT PREDOMINATELY ENGAGES IN THE SALE OF GROCERIES. 2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR SUPERMARKETS. 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 THE STATE 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 LAW. 3. ANY SUPERMARKET 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 SUPERMARKET RECEIV- ING 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 SUPERMARKET 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 SHALL DELIVER FOR POSTING A LETTER TO THE SUPERMARKET WHICH INDICATES THE GRADE FOR SUCH INSPECTION. IN ADDITION TO A LETTER GRADE, SUCH ESTABLISHMENT SHALLEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13348-01-3 S. 6216 2
RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS BASED. THE SUPERMARKET MAY APPEAL SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE COMMISSIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY APPEAL IS PENDING, A SUPERMARKET SHALL POST THE LETTER GRADE THAT IS BEING APPEALED. 4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF SUPERMARKETS 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 SIX MONTHS. 5. AFTER AN INSPECTION IS CONDUCTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, A SUPERMARKET MAY REQUEST A REINSPECTION FROM THE LOCAL HEALTH OFFICER, AND SHALL PAY THE DEPARTMENT A FEE OF UP TO TWO HUNDRED FIFTY DOLLARS. PROVIDED HOWEVER THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL HEALTH OFFICER TO INSPECT ANY RETAIL SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM A MEMBER OF THE PUBLIC. 6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ESTABLISHMENTS: (A) OPERATED IN COLLEGE OR UNIVERSITY CAMPUSES OR CORRECTIONAL FACILI- TIES; OR (B) SPONSORED BY A CHARITABLE ORGANIZATION. S 2. This act shall take effect one year after it shall have become 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 to be made on or before such date.