Directs the commissioner of health to establish and implement a uniform letter grading system to classify health inspection results

BILL NUMBER:A8008C

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 certain public food service establishments

Purpose or general idea of bill

The Commissioner of Health shall estab- lish and implement a uniform grading system consisting of letters A, B, AND C to classify inspection results for public food service establish- ments. Such inspection grades shall be posted in a conspicuous location near the entrance of each food service establishment. Such letter grades and the criteria for designating such letter grades shall be established by Rule and shall be set by the Department of Health (DOH) based on objective criteria that evaluates each public food service establish- ment's sanitation and food handling practices.

Summary of specific provisions

Section 1: Adds a new Public Health Law Section 1352-d that directs DOH to establish and implement a uniform letter grading system to classify inspection results for places that serve food to the general public. Requires establishments engaged in the preparation, sale or service of food for the general public to display the letter grade received on its most recent inspection in a conspicuous location. Under the general provisions of the Public Health Law and the State Sanitary Code, such program and the criteria for establishing such a program should be implemented pursuant to rules promulgated by DOH. Pursuant to the State Administrative Procedure Act and the State Sani- tary Code, each public food service establishment may appeal, on an expedited basis, the letter grade assigned to it and petition for a different letter grade. DOH, in establishing criteria for awarding a restaurant's letter grade, shall consider only the conditions of a food service establishment related to its food handling practices and the general sanitary condition of such premises.

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 evalu- ate the safety and sanitation of the premises, and monitor food handling practices to ensure adequate compliance with state and local laws. Am unfortunate effect of county-level enforcement is that the evaluation criteria and grading systems can vary widely between; jurisdictions, making it difficult for consumers reading an inspection report to know whether an establishment's sanitary conditions are of the highest quali- ty or some lower level with regard to sanitation and general cleanli- ness. A clear, concise system of letter grades would make it easier for consumers to make an informed dining decision and allow for more mean- ingful comparisons across jurisdictions. Further, such grading system will encourage all restaurants to more vigilantly upgrade their cleanli- ness and sanitation standards.

Prior legislative history

2004: A.2702 - Referred to the Health Committee 2006: S.2696 - Referred to Health 2008: S.2243 - Referred to Health 2009: S.4589 - Passed the Senate

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.