Directs commissioner of health to establish a uniform letter grading system to classify the result of an inspection of a public food service establishment

Summary of specific provisions

This bill requires food service establishments, temporary food service establishments, mobile food service establishments, pushcarts schools, hospitals, and places of entertainment, including privately or publicly owned and operated facilities 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 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 re-inspection, 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;

- food service establishments that do not engage in the retail sale of food for on-premises or off premises consumption from such establishment;

- food service establishments that are located in a city having a population of one million or more with a local food establishment grading system to the extent such local law is inconsistent with this section;

- food service establishments that are operated in or by a correctional facility; or

- food service establishments that are sponsored by a charitable organization to operate a soup kitchen or other food distribution program for the elderly, low income individuals and families or the infirm.

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, including restaurants and cafeterias 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 will provide consumers an easy way to decide if he or she wishes to eat from a particular food establishment. Such system will provide encouragement to keep food establishments sanitary.

New York City, starting July 2010, requires certain food service establishments to post letter grades that correspond with its sanitary inspection score. Most restaurants, coffee shops, bars, nightclubs, cafeterias, retail bakeries, and fixed-site food stands will be displaying its inspection score. Additionally, in 1998, the Los Angeles county Board of Supervisors adopted Ordinance 97-0071 requiring retail food establishments to post its grade/score issued by the health inspector.

Prior legislative history

New bill

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.