Establishes a public food vending business grading system for cities with a population of one million or more

Summary of provisions

Section 1: Definitions

Section 2: Adds a new Public Health Law Section 1352-d to authorize DOH to establish and implement a uniform letter grading system to classify inspection results for food vendors that serve food to the general public. The bill requires food vendors engaged in the preparation, sale or service of food for the general public to display the letter grade (A, B, or C) received on its most recent inspection in a conspicuous manner.

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 vending business related to its food handling practices and the general sanitary condition.

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 health 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 vendor 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 food vendor's pushcart or vehicle.

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

- those food vendors located outside of New York City

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.

Since July of 2010, New York City has been issuing letter grades for restaurants. These grades are based off of how the restaurant fares in its inspection and sends a clear message to consumers on how sanitary the conditions are and safely food is being tended to.

In New York City there is a large population that is served by mobile vendors operating out of pushcarts and vehicles and this customer base should be able to have the same means of ascertaining how the premises and food are kept as they currently are able to do with traditional restaurants. Given that food vendors operate in a manner in which both the implements and ingredients can be exposed to the elements and therefore compromised in a number of ways, it is vital that these vendors be subject to the same oversight and scrutiny.

Legislative history

2011-12: S.3583 Referred to Health

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.