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

Such grades shall be based on objective criteria that reflects the safety and sanitation of the establishment and its food handling practices. 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.

The bill provides safeguards to ensure that an accurate inspection is conducted that truly reflects the cleanliness of such establishment. Under this bill, if a food service establishment does not receive a letter grade "A", the restaurant owner will receive the findings upon which the grade is based. Further, the establishment can ask for a re-inspection to receive a higher grade. Such re-inspection must be conducted within 7 to 21 days. Upon such re-inspection, the local inspector shall assign a letter grade for posting.

Pursuant to the State Administrative Procedure Act and the State Sanitary Code, after the second inspection, each public food service establishment may appeal, on an expedited basis, the letter grade assigned to it and petition for a different letter grade. During the pendency of this appeal the second letter grade awarded shall be posted at such food service establishment.

The letter grade program shall not apply to the following food service establishments:

- those located in New York City because the NYC Health Department has already adopted a similar program of letter grading of these establishments.

- bars and taverns that derive less than 10 percent of their gross sales revenue from the sale of food as opposed to alcoholic beverages.

- that do not engage in the retail sale of food for on or off premises consumption (i.e. food processing establishments that deliver food to other food service establishments that will have a posted grade)

- operated in or by primary and secondary schools or correctional faculties.

operated by charitable organizations, including soup kitchens or other prepared food distribution programs.

mobile food vending units.

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 evaluate the safety and sanitation of the premises, and monitor food handling practices to ensure adequate compliance with state and local laws.

An 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 quality or some lower level with regard to sanitation and general cleanliness. A clear, concise system of letter grades would make it easier for consumers to make an informed dining decision and allow for more meaningful comparisons across jurisdictions. Further, such grading system will encourage all restaurants to more vigilantly upgrade their cleanliness and sanitation standards.

The concept and bill are supported by prominent restaurant evaluators such as Tim Zagat, who in the New York Times (3/24/10) endorsed the idea of issuing restaurant grades as a way to encourage restaurants to clean up their act. In fact, Mr. Zagat maintains that this bill may encourage more tourism and patron. age of restaurants because they are cleaner.

In Los Angeles, a similar restaurant grading program was instituted over 10 years ago. In Los Angeles, those restaurants that received an "A" increased from 40% to over 80% in 2007. This indicates that restaurants take these grades seriously and will beef-up their sanitation and food handling practices to receive a higher rating. In Los Angeles, 92% of all local diners favor the grade posting law. In New York, a recent Zagat Survey reported that 83% of all respondents wanted the health inspection grades posted.

Legislative history

2004: A.2702 - Referred to the Health Committee 2006: S.2696 - Referred to Health 2008: S.2243 - Referred to Health 2009: A similar bill S.4589 - Passed in the Senate 2010: S.8171 - Referred to Rules - Passed 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.