A04686 Summary:

BILL NOA04686A
 
SAME ASSAME AS S01311-A
 
SPONSORMoya
 
COSPNSR
 
MLTSPNSR
 
Add §1352-f, Pub Health L
 
Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a mobile public food service establishment or pushcart in cities with a population of two million or more; 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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A04686 Actions:

BILL NOA04686A
 
02/05/2015referred to health
01/06/2016referred to health
01/21/2016amend and recommit to health
01/21/2016print number 4686a
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A04686 Committee Votes:

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A04686 Floor Votes:

There are no votes for this bill in this legislative session.
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A04686 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4686--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2015
                                       ___________
 
        Introduced  by  M. of A. MOYA -- read once and referred to the Committee
          on Health -- recommitted to the Committee on Health in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, in relation to the  establishment
          of  a  letter  grading system to classify inspection results for push-
          carts in cities having a population of two million or more
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  1352-f to read as follows:
     3    § 1352-f. Food pushcart service grading system; cities of two  million
     4  or  more.  1.    The  commissioner  shall establish a system for grading
     5  inspection results for mobile food service establishments and  pushcarts
     6  as  defined  in the state sanitary code, operated in cities with a popu-
     7  lation of two million or more.
     8    2.  Such system shall use and post letters A, B or C to  identify  and
     9  represent  such  grading  and classification with all other lower grades
    10  being deemed to be failing grades. In establishing such system of  grad-
    11  ing,  the  commissioner  shall  take into account the provisions of this
    12  title and the provisions of the sanitary code  to  establish  a  grading
    13  system  that reflects the safety and sanitation of the premises and food
    14  handling practices to ensure compliance  with  state  and  local  health
    15  laws.
    16    3.    Each  such  mobile  food service establishment or pushcart shall
    17  conspicuously post at the point of sale the letter grade identifying and
    18  representing the result  of  such  establishment's  or  pushcart's  most
    19  recently  graded  inspection  by  the local health officer or the entity
    20  responsible for such inspection. Such posting shall be done  in  accord-
    21  ance  with  rules  and regulations promulgated by the commissioner.  For
    22  any mobile public food service establishment  or  pushcart  receiving  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00151-03-6

        A. 4686--A                          2
 
     1  grade  lower than "A", the local health officer or the entity performing
     2  the inspection shall advise the establishment or pushcart of  its  grade
     3  and  the findings upon which such grade is based. The local health offi-
     4  cer or the entity which performed the initial inspection shall conduct a
     5  subsequent  inspection  of such mobile public food service establishment
     6  or pushcart no sooner than seven days, nor later  than  twenty-one  days
     7  after  the inspection at which the grade was given.  In the interim, the
     8  previous letter grade shall remain posted.  Upon the conclusion  of  the
     9  subsequent inspection, the local health officer or the entity performing
    10  the  inspection  shall  deliver for posting a letter grade to the mobile
    11  public food service establishment or pushcart which indicates the  grade
    12  for  such inspection.  In addition to a letter grade, such establishment
    13  or pushcart shall receive the findings upon which such grade  is  based.
    14  The mobile public food service establishment or pushcart may appeal such
    15  subsequent  assignment of a letter grade designation to the commissioner
    16  for review within thirty days of such assignment. While any such  appeal
    17  is pending, a mobile public food service establishment or pushcart shall
    18  post the letter grade that is being appealed.
    19    4.  The  suggested interval between regularly scheduled inspections of
    20  mobile public food  service  establishments  and  pushcarts  may  be  as
    21  follows:
    22    (a)  for  establishments  and  pushcarts with a grade of "A", at least
    23  once every year;
    24    (b) for establishments and pushcarts with a grade  of  "B",  at  least
    25  once every nine months; and
    26    (c)  for  establishments  and  pushcarts with a grade of "C", at least
    27  once every three months.
    28    A mobile public food service establishment or pushcart that requests a
    29  reinspection from the local health officer or the entity responsible for
    30  such inspections, shall pay the department a fee of up  to  two  hundred
    31  fifty  dollars.  Provided, however, that the provisions of this subdivi-
    32  sion shall not negate the ability of any local  health  officer  or  the
    33  entity  responsible  for  such  inspections to inspect any mobile public
    34  food service establishment or pushcart on the basis of a complaint  from
    35  a member of the public.
    36    5.  The  provisions  of  this section shall not apply to mobile public
    37  food service establishments or pushcarts which are sponsored by a chari-
    38  table organization to operate a  soup kitchen or other food distribution
    39  program for the elderly, low income  individuals  and  families  or  the
    40  infirm.
    41    6.  No provision of this section shall be deemed to diminish or other-
    42  wise change any power or duty of any state agency or authority.
    43    § 2. This act shall take effect one year after it shall have become  a
    44  law.  Provided, however, that effective immediately, any rules and regu-
    45  lations necessary to implement the provisions of this act on its  effec-
    46  tive  date are authorized and directed to be completed on or before such
    47  date.
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