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As used in this chapter, the following terms have the following meanings:
Consultative inspection. The term "consultative inspection" means an educational sanitary inspection of a food service establishment that shall not result in fines or a grade.
Critical violations. The term "critical violations" has the meaning it is given in section 23-01 of title 24 of the rules of the city of New York.
Food service establishment. The term "food service establishment" means any establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the health code of the city of New York.
Food service establishment inspector. The term "food service establishment inspector" means any individual employed by the department who as part of his or her duties conducts inspections of food service establishments pursuant to subdivision a of section 81.51 of the health code of the city of New York.
Food worker. The term "food worker" has the meaning it is given in section 81.03 of the health code of the city of New York.
General violations. The term "general violations" has the meaning it is given in section 23-01 of title 24 of the rules of the city of New York.
Grade card. The term "grade card" has the meaning it is given in section 23-01 of title 24 of the rules of the city of New York.
Grade pending card. The term "grade pending card" has the meaning it is given in section 23-01 of title 24 of the rules of the city of New York.
Imminent health hazard or public health hazard. The term "imminent health hazard or public health hazard" has the meaning it is given in section 81.03 of the health code of the city of New York.
Initial inspection. The term "initial inspection" means the first sanitary inspection within an inspection cycle.
Inspection cycle. The term "inspection cycle" means a series of related inspections of food service establishments consisting of at least an initial inspection and including, if triggered by the initial or any subsequent inspections within that cycle, a reinspection and any compliance inspections conducted by the department because of a previous inspection score in that cycle.
Notice of violation. The term "notice of violation" means a written notice issued by a food service establishment inspector alleging that there was a violation of law or regulation at the food service establishment on the day of the food service establishment inspection.
Sanitary inspection. The term "sanitary inspection" means any on-site review by the department of a food service establishment's physical facilities, food handling operations, equipment, sanitary condition, maintenance, and worker hygiene practices. The term may include, but shall not be limited to include, initial, reinspection, compliance and pre-permit inspections.
(Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022; Am. L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
a. The commissioner shall develop a code of conduct pertaining to sanitary inspections. The inspection code of conduct shall inform owners and operators of food service establishments of their rights as they relate to sanitary inspections.
b. The inspection code of conduct shall be in the form of a written document, drafted in plain language. The department shall distribute the inspection code of conduct to all food service establishment inspectors and food service establishments. Food service establishment inspectors shall also distribute the inspection code of conduct to food service establishment owners or operators prior to the beginning of each inspection. The department shall make the inspection code of conduct available on the department's website in the designated citywide languages, as defined in section 23-1101.
c. The code of conduct shall include, but not be limited to, the following requirements:
(1) the food service establishment inspector shall behave in a professional and courteous manner;
(2) upon arriving at the food service establishment to perform a sanitary inspection, the food service establishment inspector shall immediately identify himself or herself to the staff of the food service establishment, and note the type of inspection, in a manner that does not unreasonably interfere with the dining experience of patrons;
(3) the food service establishment inspector shall be as unobtrusive as possible during the inspection while conducting the inspection;
(4) the food service establishment inspector shall return any equipment he or she moved back to its original location, and reassemble any equipment he or she disassembled, during the course of the inspection;
(5) the food service establishment inspector shall have a sound knowledge of all relevant health code provisions and any other applicable laws and regulations.
(6) the food service establishment inspector shall meaningfully communicate with the food service establishment owner or operator, and if necessary, utilize language assistance services to facilitate meaningful communication;
(7) the food service establishment inspector shall answer reasonable questions relating to the inspection;
(8) the food service establishment inspector shall enforce agency rules in a fair and impartial manner;
(9) the food service establishment inspector shall, upon finding a violation, explain to the food service establishment owner or operator how to remedy such violation.
(10) the food service establishment inspector must provide information informing the food service establishment owner or operator how such owner or operator may contest a notice of violation before the relevant local tribunal, including information about the availability of language interpretation services at the relevant tribunal; and
(11) the food service establishment inspector shall provide information on how the food service establishment owner or operator may file a comment, compliment, or complaint about an inspector, including information about filing such comment, compliment, or complaint in a language other than English.
d. The commissioner shall regularly, but no less frequently than every two years, review and update the inspection code of conduct, as necessary.
e. Nothing in this section or in the inspection code of conduct shall be construed to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.
(Am. L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
a. There shall be an advisory board to advise the commissioner concerning matters related to the food service establishment sanitary inspection program and its effect on the restaurant industry, food safety and public health.
b. Such advisory board shall consist of twenty members as follows:
i. Ten members shall be appointed by the mayor, provided that two such members shall represent food service industry associations, two such members shall have advanced specialized training in food safety, two such members shall have advanced specialized training in nutrition, and four such members shall operate food service establishments;
ii. Nine members shall be appointed by the speaker of the council, provided that two such members shall represent food service industry associations, two such members shall have advanced specialized training in food safety, two such members shall have advanced specialized training in nutrition, and three such members shall operate a food service establishment;
iii. The commissioner of the department of health and mental hygiene shall serve ex officio.
c. At the invitation of the department, other individuals may participate in the discussions of the board.
d. Each member, other than the member serving in an ex officio capacity, shall serve for a term of two years, to commence upon the first meeting of the advisory board. Any vacancies in the membership of the advisory board shall be filled in the same manner as the original appointment. A person filling such vacancy shall serve for the unexpired portion of the term of the succeeded member.
e. No member of the advisory board shall be removed except for cause and upon notice and hearing by the appropriate appointing official.
f. Members of the advisory board shall serve without compensation and shall meet no less often than every three months.
g. The agendas for the first four meetings of the advisory board shall include, but not be limited to:
1. a review of current health code violations for which points are assigned, including those violations that do not bear directly on food safety and public health;
2. a review of the current food safety inspector training curriculum;
3. a review of the effect of letter grading on public health and food safety, including information on the top ten most commonly cited violations in the previous year and any change in the incidences of illness from food borne pathogens; and
4. a review of the relationship between the food service industry and the department.
h. On January 1, 2015, and every year thereafter on January first, the advisory board shall submit a report to the mayor, the commissioner, and the speaker of the council. Such report shall include, but not be limited to:
1. an assessment of the restaurant inspection program and its effect on the restaurant industry, public health and food safety, including information on the top ten most commonly cited violations in the previous year and any change in the incidences of illness from food borne pathogens; and
2. specific recommendations for changes and/or improvements to the restaurant inspection program and actions, if any, taken by the department in response to such recommendations.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/091.
a. The department shall implement a consultative inspection program for food service establishments.
b. Such consultative inspections shall be optional, and performed for educational and informational purposes only. A consultative inspection shall not result in a notice of violation being issued for general violations, critical violations, imminent health hazards or public health hazards. A consultative inspection shall not impact a food service establishment's inspection cycle.
c. Upon completion of a consultative inspection, the inspector shall review the results with the owner or operator of the food service establishment, and advise the owner or operator of potential violations and how to remedy such violations.
d. Nothing in this section shall prohibit the department from taking appropriate action if a food service establishment fails to remedy a public health hazard at the time of the consultative inspection.
e. The department may charge a fee which shall be set by rule promulgated by the commissioner.
f. The department may schedule the consultative inspection based on factors, set by rule promulgated by the commissioner, including but not limited to demand, prioritization according to inspection history, and the inspection cycle of the food service establishment.
g. Within the consultative inspection program for food service establishments, the department shall develop a system for newly licensed food service establishments whereby such establishments may schedule the consultative inspection prior to their first initial inspections for a nominal fee which shall be set by rule promulgated by the commissioner.
a. Office established. There is hereby established within the food safety program of the department a food service establishment inspections ombuds office.
b. Duties and responsibilities. The food service establishment inspections ombuds office shall have, but not be limited by, the following duties and responsibilities:
1. establishing a system to receive questions, comments, complaints, and compliments with respect to any food service establishment inspection, including but not limited to, the establishment, operation, and dissemination of a central telephone hotline and website to receive such questions, comments, complaints, and compliments;
2. investigating complaints received pursuant to paragraph one of this subdivision and taking any action it deems appropriate regarding such complaints, including but not limited to, withdrawing violations that concern the physical layout and/or major fixtures within a food service establishment where the department finds that such physical layout or fixture existed at the time of a prior inspection but was not the subject of a violation and the condition has not been altered since the time of such prior inspection, and identifying egregious inspection errors that ought to be rectified by the department in lieu of submission to the administrative tribunal;
3. issuing guidance letters providing informal advisory opinions on matters pertaining to food service establishment inspections, including but not limited to appropriate inspection methods and food handling techniques, either upon request or the department's own initiative. Any such guidance letter issued by the ombuds office shall be posted on the department's website upon issuance and, to the greatest extent practicable, distributed to all food service establishment operators;
4. monitoring inspection results for trends and inconsistencies, including but not limited to, the compilation and analysis on a quarterly basis of the type and number of violations issued by each inspector, the number of inspections conducted, and the number of inspections and other enforcement-related activities during which telephonic interpretation services were provided; and
5. making recommendations to the commissioner regarding improvements to the food service establishment inspection process.
c. Annual report. No later than July 1, 2014, and every July 1 thereafter, the ombuds office shall submit to the commissioner an annual report regarding its activities during the previous twelve months. The ombuds office shall forward a copy of such report to the mayor and the speaker of the council. Such report shall include, but not be limited to:
1. the number, nature, and resolution of questions, comments, complaints, and compliments received by the ombuds office;
2. the number and nature of guidance letter requested;
3. a copy of each guidance letter issued;
4. an analysis of trends and inconsistencies across inspection results;
5. an analysis of the existing language access tools and policies, including whether the ombuds office believes such tools and policies serve the needs of food service establishment operators; and
6. recommendations for improvements to the food service establishment inspection process in accordance with paragraph 5 of subdivision b of this section.
(Am. L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
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