What's happening
This bill requires large cities to create independent oversight for health inspectors and allows restaurants to reschedule inspections for a fee.
Why it matters
Creates an independent oversight body. in major cities to handle anonymous complaints from restaurant owners or employees about health inspectors, aiming to increase accountability and reduce potential abuse or misconduct by inspectors.
Mandates public transparency. by requiring annual summary reports of complaints and investigation findings, giving both the restaurant industry and the public insight into the oversight process and health inspection practices.
Ensures language accessibility. for whistleblower complaints by providing hotlines and online platforms in multiple major languages, potentially empowering more diverse restaurant owners and workers to report inspector misconduct without language barriers.
Introduces a limited, paid rescheduling option. for restaurant inspections, which may help businesses better prepare for inspections but could also raise concerns about fairness or the potential for wealthier establishments to delay inspections more easily.
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Who cares
Restaurant and food establishment owners
In cities with at least one million residents, they could submit anonymous complaints about health inspectors and reschedule inspections up to three times for fees of $75, $150 and $250.
Restaurant employees
They could anonymously report health inspectors to an independent oversight body through a hotline and website offering nine specified languages.
City health inspectors and investigative agencies
The oversight body would investigate consistent reports about inspectors and refer those cases to the city's investigative agency.
Restaurant associations
They would receive annual summaries of restaurant owners' complaints, including total complaints, leading complaint types and investigative findings.
Headline styles
Protect Restaurant Whistleblowers
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 40
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Restaurant Inspector Oversight Reform
In Senate Committee · Health · Sponsor José Peralta
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4472 A. 5817
2017-2018 Regular Sessions
SENATE - ASSEMBLY
February 15, 2017
IN SENATE -- Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
IN ASSEMBLY -- Introduced by M. of A. KIM, NIOU, ORTIZ, SEPULVEDA, ABBATE, McDONOUGH, HARRIS, JONES, COLTON, VANEL, PHEFFER AMATO -- read once and referred to the Committee on Health
AN ACT to direct cities with a population of one million or more which employ health inspectors to oversee the compliance of restaurants and food establishments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known as and may be cited as the "restaurant owner whistleblower protection act".
§ 2. a. All cities with a population of one million or more which employ health inspectors to oversee the compliance of restaurants and food establishments with local health regulations shall establish an independent oversight body to receive anonymous complaints about health inspectors from restaurant owners or employees.
b. Such independent oversight body shall investigate any consistent reporting about health inspectors from restaurant owners or employees and shall refer such cases to the city's investigative agency.
c. Such independent oversight body shall provide:
i. a hotline number and website to intake complaints provided in the following languages: Arabic; Bengali; Chinese; French; Haitian-Creole; Korean; Russian; Spanish and Urdu; and
ii. an annual summary report to the restaurant associations and the public of complaints by restaurant owners, that includes how many total complaints, top type of complaints, and investigative findings.
§ 3. All cities with a population of one million or more which employ health inspectors to oversee the compliance of restaurants and food establishments with local health regulations shall establish a process
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09282-02-7
S. 4472 2 A. 5817
by which restaurants and food establishments can refuse to participate in an inspection by paying a fee to reschedule the inspection visit, up to three times. The fees to be imposed shall be:
a. seventy-five dollars paid by the restaurant or food establishment to the agency employing the health inspector for the first time rescheduling;
b. one hundred fifty dollars paid by the restaurant or food establishment to the agency employing the health inspector for a second rescheduling; and
c. two hundred fifty dollars paid by the restaurant or food establishment to the agency employing the health inspector for a third rescheduling.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.