What's happening
This bill requires that restaurants be given written notice and a 60-day grace period before new or amended health regulations are enforced.
Why it matters
Gives restaurants more time to comply with new health rules, potentially reducing surprise fines or penalties that could harm small businesses and their employees.
Improves transparency and communication between regulatory agencies and restaurant owners, helping operators understand and adapt to regulatory changes more effectively.
May lead to better compliance rates and safer dining environments, as restaurants are given time to train staff and update procedures before enforcement begins.
Could slow the implementation of urgent health or safety regulations, as agencies must wait at least 60 days before enforcing new rules, which may be a concern during public health emergencies.
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Who cares
Headline styles
Notify Restaurants of Rule Changes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
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.
Notify Restaurants of Rule Changes
In Assembly Committee · Health · Sponsor Aravella Simotas
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
709
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, the labor law and the administrative code of the city of New York, in relation to providing notice to restaurants of any regulation changes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1351 of the public health law is amended to read as follows:
§ 1351. Food places; duty to permit inspections; notice of regulation changes. 1. Every owner, operator, lessor, lessee or person in charge of any hotel, restaurant, dining room, dining car, drug store, soda fountain, steamboat or other place engaged in the preparation, sale or service of food for and to the general public, and every officer or other person in charge of any public, penal or charitable institution in this state, shall permit the commissioner or his duly authorized agents or employees to have access to all parts of any and all of such places herein mentioned wherein food is stored, prepared or served for the purpose of ascertaining whether the provisions of sections thirteen hundred fifty to thirteen hundred fifty-two, inclusive, of this [chapter] title, and the provisions of the sanitary code and provisions of local ordinances or regulations are being observed.
2. Any state, city or local regulatory body, including the department, responsible for setting and/or enforcing health standards for restaurants and/or other eating establishments shall:
(a) notify such establishments in writing of any new or amended rules and regulations affecting such establishments; and
(b) provide at least sixty days after the notice described in paragraph (a) of this subdivision is rendered before enforcing such new or amended regulations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04142-01-7
S. 709 2
§ 2. The labor law is amended by adding a new section 383 to read as follows:
§ 383. Restaurant notification of new or amended regulations. Any state, city or local regulatory body, including the department responsible for setting and/or enforcing health standards for restaurants and/or other eating establishments shall:
1. notify such establishments in writing of any new or amended rules and regulations affecting such establishments; and
2. provide at least sixty days after the notice described in subdivision one of this section is rendered before enforcing such new or amended regulations.
§ 3. The administrative code of the city of New York is amended by adding a new section 17-324.1 to read as follows:
§ 17-324.1 Restaurant notification of new or amended regulations. Any state, city or local regulatory body, responsible for setting and/or enforcing health standards for restaurants and/or other eating establishments shall:
1. notify such establishments in writing of any new or amended rules and regulations affecting such establishments; and
2. provide at least sixty days after the notice described in subdivision one of this section is rendered before enforcing such new or amended regulations.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, the labor law and the administrative code of the city of New York, in relation to providing notice to restaurants of any regulation changes
Purpose or general idea of bill
To give restaurants sufficient notice to make changes when public health regulations are amended
Summary of specific provisions
Section 1- amends section 1352 of public health law to add-
2. That any regulatory body that creates or enforces public health law will-
a. notify establishments in writing of changes
b. give 60 days after the notices is sent before enforcing changes
Section 2. Also adds these regulations to labor law by adding section 383
Section 3. Also adds these regulations to the New York city administrative code by adding section 17-324.1
Justification
Under current law, state, city and local regulatory bodies have the ability to impose and enforce new regulations on eating establishments without providing sufficient notice of the changes to said establishments and allowing adequate time for compliance. While maintaining proper standards to protect public health is and should be a top priority for government, this can be accomplished without exposing small businesses to unfair, arbitrary fines aimed solely at generating revenue. This bill allows regulatory agencies to hold eating establishments accountable for the health and well-being of their customers while protecting the establishments from being unwittingly subjected to costly fines that infringe on their ability to conduct business.
Prior legislative history
S.4764/A.4635 of 2015-2016; Referred to Health
Fiscal implications
To be determined
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.