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

Section 1: Amends Public Health Law section 1352-d to authorize DOH to establish and implement a uniform letter grading system to classify inspection results for places that serve food to the general public. The bill requires establishments engaged in the preparation and sale of food to the general public to have posted on the Department's website the health and sanitary inspection results based on a letter grade (A, B, or C)received on its most recent inspection.

Such grades shall be based on objective criteria that accurately reflects the safety and sanitation of the establishment and its food handling practices. DOH, in establishing criteria for awarding a restau- rant'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. During the pendency of this first re-in- spection, the letter grade of the food service establishment shall remain the same. Upon such re-inspection, the local inspector shall assign a letter grade for posting on the Department's website so that it is made available to the general public.

Pursuant to the State Administrative Procedure Act and the State Sani- tary Code, after the second inspection, each public food service estab- lishment 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 on the Department's website.

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 establish- ments.

-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 facul- ties.

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

-mobile food vending units.

Justification

DOH, along with local county health departments, is charged with inspecting and supervising the cleanliness of public places in New York in which food is prepared, sold or served, including restau- rants 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 prac- tices to ensure adequate compliance with state and local laws.

A clear, concise system of letter grades of public health inspection results that is made available to the general public and placed on the Department's website would make it easier for consumers to make an informed dining decision. Further, such grading system that is posted on the Department's website would encourage all restaurants to be more vigilant in their food preparation practices and help to 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 because local restaurants would be deemed to be clean.

In Los Angeles, a similar restaurant grading program (which mandated the posting of grades at the food service establishment instead of on the internet) 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 Zagat Survey in 2010 reported that 83% of all respondents wanted the health inspection grades posted related to food service

establishments. A similar program of arriving at letter grades to evalu- ate the cleanliness of food service establishments was instituted by the New York City Health Department and by the County of Albany within the past three years. In addition, the county health departments of Chemung, Columbia, Monroe and Suffolk have placed on their websites information about the health inspection results of their sanitary inspections. Further, based on Chapter 529 of the Laws of 2013, DOH is now required by statute to post its inspection results of food service establishments on its website.

Legislative history

A similar, but more aggressive bill was introduced in the Senate: 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 2011 - 2012 - S. 1030 / A. 84

Fiscal implications

None.

Effective date

This act shall take effect 18 months after it shall have become a law. The commissioner of health is authorized to promul- gate any and all rules and regulations and take any other measures necessary to implement this act. on or before its effective.