Int. No. 1187
By Council Members Louis, Farías and Rivera
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. Section 20-563 of the administrative code of the city of New York, as added by local law number 100 for the year 2021, is amended by adding new definitions of “letter grade”, “menu” and “menu item” in alphabetical order to read as follows:
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 corresponding 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.
§ 2. Chapter 2 of title 20 of the administrative code of the city of New York, as amended by local law number 100 for the year 2021, is amended by adding new sections 20-563.14 and 20-563.15 to read as follows:
§ 20-563.14 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.
§ 20-563.15 Penalties. Notwithstanding the penalties, enforcement provision and private cause of action outlined in sections 20-563.10, 20-563.11 and 20-563.12, any person that violates any provision of section 20-563.14 or any rule promulgated pursuant to section 20-563.14 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 section 20-563.14 shall be considered a separate violation.
§ 3. 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.Session 12
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LS 7760
4/11/24 1:37 PM