Requires restaurants that offer online delivery services via the internet or mobile application to post on their website or mobile application a hyperlink to view recent sanitary inspection grades on their website.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A28C
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to requiring internet-based food delivery service providers to
post the hyperlink to the city of New York's health department food
lookup tool to view recent sanitary inspections; and to amend the gener-
al municipal law, in relation to requiring internet-based food delivery
service providers to post the hyperlink to the municipal or state health
department food service establishment inspection data to view recent
sanitary inspections
PURPOSE::
This bill would provide customers who order food online or via a mobile
app the ability to more easily view the food service establishment's
sanitary inspection grade.
SUMMARY OF SPECIFIC PROVISIONS::
Section one amends the administrative code of the city of New York by a
new section 17-195.1.
Section two amends the general municipal law by adding a new section
139-e.
Section three sets forth the effective date.
JUSTIFICATION::
A number of counties in New York State require restaurants and food
service establishments to conspicuously post their most recent health
department inspection grade. These grades give consumers an easy way of
knowing which establishments are deemed to be clean and follow rules set
forth by the health department on food handling, the temperature of
food, personal hygiene of employees and vermin control. Third-party
deliver platforms can better empower consumers by providing a hyperlink
on their ordering platform directly to the inspection grades database
maintained by the locality. Consumers have a right to this information,
and it should be readily available to them whether they choose to do
business with the establishment in person or order online.
LEGISLATIVE HISTORY::
2021-22: A.640-Referred to Ways and Means; S.6239 - Passed Senate
2019-20: A.666-Referred to Cities; S.1206 - Referred to Cities
2017-18: A.8855-E- Advanced to Third Reading; S.8729-C - Referred to
Health
FISCAL IMPLICATIONS::
None to the State.
EFFECTIVE DATE::
This bill shall take effect in 120 days.
STATE OF NEW YORK
________________________________________________________________________
28--C
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Cities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Cities in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- reported and referred to the
Committee on Codes -- reported and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to requiring internet-based food delivery service providers
to post the hyperlink to the city of New York's health department food
lookup tool to view recent sanitary inspections; and to amend the
general municipal law, in relation to requiring internet-based food
delivery service providers to post the hyperlink to the municipal or
state health department food service establishment inspection data to
view recent sanitary inspections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 17-195.1 to read as follows:
3 § 17-195.1 Posting of sanitary inspection grade. a. Definition.
4 "Internet-based food delivery service provider" shall mean any food
5 service establishment as defined in section 81.03 of the health code of
6 the city of New York that accepts food orders for delivery from custom-
7 ers via the internet or mobile application, or any third-party website
8 or mobile application that accepts food orders for delivery from custom-
9 ers via the internet.
10 b. Every internet-based food delivery service provider shall conspicu-
11 ously post on their website or mobile application a hyperlink to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01286-08-4
A. 28--C 2
1 city of New York's health department food establishments lookup tool,
2 which lists the most current sanitary inspection letter grade of any
3 food service establishment, pursuant to section 81.51 of the health code
4 of the city of New York, for which food delivery services are provided
5 to customers.
6 c. Any internet-based food delivery service provider that violates
7 subdivision b of this section or any of the rules promulgated thereunder
8 shall be liable for a civil penalty not to exceed one hundred dollars
9 for each violation.
10 § 2. The general municipal law is amended by adding a new section
11 139-e to read as follows:
12 § 139-e. Posting of sanitary inspection grade. 1. As used in this
13 section "internet-based food delivery service provider" shall mean any
14 food service establishment that accepts food orders for delivery from
15 customers via the internet or mobile application, or any third party
16 website that accepts food orders for delivery from customers via the
17 internet or mobile application.
18 2. In any municipal corporation that has adopted a local law or rule
19 requiring the posting of sanitary inspection results, every internet-
20 based food delivery service provider shall conspicuously post on their
21 website or mobile application a hyperlink to the municipal or state
22 health department food establishments lookup tool, which lists the most
23 current sanitary inspection results of any food service establishment
24 located in such municipal corporation for which food delivery services
25 are provided to customers.
26 § 3. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law.
