New York City Council Header
File #: Int 1921-2020    Version: * Name: Requiring third-party food delivery services and food service establishments to display sanitary inspection letter grades online.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Small Business
On agenda: 4/22/2020
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services and food service establishments to display sanitary inspection letter grades online
Sponsors: Mark Gjonaj , Farah N. Louis, Keith Powers , Andrew Cohen, Diana Ayala , Brad S. Lander, Karen Koslowitz
Council Member Sponsors: 7
Summary: The Department of Health and Mental Hygiene inspects food service establishments for compliance with food safety rules at least once a year. These inspections result in the Department issuing a score, which corresponds to a letter grade. Food service establishments are required to post these grades in an area visible to passersby. However, consumers who purchase food or beverages online do not have access to such letter grades. This bill requires food service establishments and third-party food delivery services (such as Seamless or Grubhub) to post sanitary inspection grades on their websites or other online platforms.
Attachments: 1. Summary of Int. No. 1921, 2. Int. No. 1921, 3. April 22, 2020 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 4-22-20, 5. Committee Report 4/29/20, 6. Hearing Testimony 4/29/20, 7. Hearing Testimony 4/29/20 (Con't), 8. Hearing Transcript 4/29/20

Int. No. 1921

 

By Council Members Gjonaj, Louis, Powers, Cohen, Ayala, Lander and Koslowitz

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services and food service establishments to display sanitary inspection letter grades online

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 5 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 22 to read as follows:

Subchapter 22

THIRD-PARTY FOOD DELIVERY SERVICES

§ 20-845 Definitions. For the purposes of this subchapter, the following terms have the following meanings:

Food service establishment. The term “food service establishment” has the same meaning as provided in subdivision s of section 81.03 of the health code of the city of New York.

Letter grade. The term “letter grade” means the sanitary inspection grade issued by the department of health and mental hygiene pursuant to section 81.51 of the health code of the city of New York.

Menu. The term “menu” means a written list of the names or images of a food item or items and the prices of such items, that is the primary writing of a food service establishment from which a person makes an order selection.

Menu item. The term “menu item” means any food item that a customer may select for purchase from a food service establishment.

Online order. The term “online order” means an order placed by a customer through a platform provided by a third-party food delivery service or a food service establishment.

Third-party food delivery service. The term “third-party food delivery service” means any website, mobile application or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, no fewer than 20 separately owned and operated food service establishments.

§ 20-846 Display of letter grades required. a. Every third-party food delivery service shall display the letter grade assigned to each food service establishment in a conspicuous manner to persons using such service. Such letter grade shall be displayed adjacent to the name of each food service establishment whenever such name appears on a list of food service establishments that can be selected by a person to make an online order. Such letter grade shall also be displayed conspicuously whenever the menu or menu items of a food service establishment are displayed for selection by persons using such service.

b. Every food service establishment that operates a website, mobile application or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from such food service establishment, shall conspicuously and prominently post its letter grade on such website, mobile application or other internet service.

c. The department may establish by rule additional requirements relating to the display of such letter grades.

§ 20-847 Penalties. Any person that violates any provision of this subchapter or any rule promulgated pursuant to this subchapter shall be subject to a civil penalty of not less than $100 per violation. A proceeding to recover any civil penalty authorized pursuant to this subchapter may be brought in any tribunal established within the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings. For the purposes of this section, each failure to display a letter grade assigned to a food service establishment in violation of this subchapter shall be considered a separate violation.

§ 2. This local law takes effect 1 year after it becomes law, except that the commissioner of consumer affairs shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.