Int. No. 1156
By Council Members Won, Farías, Aldebol, P. Sanchez, Cabán, Epstein, Hudson and Hanif
A Local Law to amend the administrative code of the city of New York, in relation to the creation of a watch list for food vendors serving shelters and senior centers
Be it enacted by the Council as follows:
Section 1. Chapter 3 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-335 to read as follows:
§ 21-335 Contracted food vendor watch list. a. Definitions. For purposes of this section, the term “contracted food vendor” means any vendor under contract with the city, or subcontracting with a vendor contracted with the city, to provide food prepared in advance by the vendor, to a shelter for persons experiencing homelessness or a senior center as such term is defined in section 21-201.
b. Publication of watch list. No later than January 1 of each year, the commissioner, in collaboration with the commissioner for the aging, shall publish on the department’s website a contracted food vendor watch list. Such watch list shall include, at minimum, any contracted food vendor who:
1. Within the preceding 2 years, has been, pursuant to a food quality test or inspection performed by the department, the department for the aging, or the department of health and mental hygiene, found to have served a meal that
(a) is non-compliant with city agency food standards issued by the commissioner of health and the director of the office of food policy pursuant to executive order number 8, dated February 10, 2022, or any successor set of standards, no fewer than 3 times,
(b) varies from a menu approved by the commissioner or the commissioner for the aging no fewer than 3 times, or
(c) an inspector has ordered to be discarded because of food safety concerns on no fewer than three occasions;
2. Within the preceding 2 years, has been issued no fewer than 3 corrective action plans; or
3. Within the preceding 3 years, has engaged in a pattern of behavior that in the opinion of the commissioner is consistent with repeated systemic or intentional failure to provide quality food. The commissioner shall, in collaboration with the commissioner for the aging, base such opinion on any information the commissioner deems relevant, including any information collected by any agency. In reaching such opinion, the commissioner shall consider the following information:
(a) The number and severity of complaints filed with any agency regarding the contracted food vendor;
(b) The number of complaints regarding failure of the contracted food vendor to provide meals relevant to dietary restrictions, including, but not limited to, failure to provide halal or kosher meals or failure to provide meals that meet any requirements for reasonable accommodations approved by the commissioner or commissioner for the aging;
(c) The feedback in any client satisfaction survey or other survey required by law to be undertaken; and
(d) Any criteria specified by the commissioner by rule.
c. Required information. For each contracted food vendor included on the contracted food vendor watch list, the watch list shall provide the following information:
1. The name of the contracted food vendor;
2. The number of shelters or senior centers the contracted food vendor serves;
3. The total value of the contracted food vendor’s contracts with the city in United States dollars;
4. The length of time, if any, the contracted food vendor has been on a corrective action plan;
5. The number of complaints regarding or related to the contracted food vendor received from council members within the preceding 3 years;
6. The number of complaints or grievances regarding or related to the contracted food vendor lodged by a shelter resident to the department of social services ombudsman within the preceding 3 years;
7. The number of complaints regarding or related to the contracted food vendor lodged with 311 within the preceding 3 years;
8. The number of complaints regarding or related to the contracted food vendor lodged with the office of food policy within the preceding 3 years;
9. The number of any complaints, recalls, or other similar information regarding or related to the contracted food vendor published by the food safety and inspection service within the United States department of agriculture within the preceding 10 years; and
10. Any other information deemed relevant by the commissioner.
d. Removal from watch list. No contracted food vendor shall be removed from the watch list until:
1. Such vendor has successfully participated in 6 consecutive monthly meetings with officials designated by the commissioner, in collaboration with the commissioner for the aging, regarding food quality, compliance with city agency food standards issued by the commissioner of health and the director of the office of food policy pursuant to executive order number 8, dated February 10, 2022, or any successor set of standards, and any additional nutritional policies set by the commissioner or the commissioner for the aging. Each meeting shall address specific issues the contracted food vendor has with food quality based on its presence on the watch list. The official shall provide guidance on how to improve food quality and compliance with any food standards and policies, and the contracted food vendor shall provide information on its progress in the amelioration of food quality issues as noted on the watch list; and
2. After the completion of the meetings contemplated in paragraph 1 of this subdivision, such vendor has passed a food quality inspection by an inspector designated by the commissioner in collaboration with the commissioner for the aging, the director of the office of food policy, and the commissioner of health and mental hygiene.
e. Promulgation of rules for inclusion and removal from watch list. 1. The commissioner shall promulgate rules further specifying the criteria for inclusion on the food vendor watch list.
2. The commissioner may also promulgate rules specifying additional criteria for removal of a food vendor from the food vendor watch list where, in the commissioner’s opinion, the contracted food vendor’s behavior is no longer consistent with a systemic or intentional failure to provide quality food, comply with city agency food standards issued by the commissioner of health and the director of the office of food policy pursuant to executive order number 8, dated February 10, 2022, or any successor set of standards, or adhere to any additional nutritional policies set by the commissioner or the commissioner for the aging.
3. The commissioner shall make publicly available on the department’s website any criteria for inclusion on or removal from the food vendor watch list promulgated under this subdivision prior to publication of the watch list and shall ensure that such criteria are restated on the watch list.
f. Cross-agency cooperation. Upon request of the commissioner, all agencies shall cooperate with the department and furnish the department with such information, reports, and assistance as the commissioner may require to implement this section.
g. Non-agency cooperation. The commissioner, in collaboration with the commissioner for the aging, shall, at least twice per year, request from members of the council and any court-appointed or city-appointed monitor of the shelter system information on any complaints, and any investigations into such complaints, such member of the council or monitor has received regarding food quality of contracted food vendors.
§ 2. Chapter 3 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-336 to read as follows:
§ 21-336 Food subcontract approvals. a. Definitions. For purposes of this section, the following terms have the following meanings:
Agency chief contracting officer. The term “agency chief contracting officer” means the department of social services officer in charge of reviewing proposals for and approving subcontracts with vendors contracted with the department or the department for the aging officer in charge of reviewing proposals for and approving subcontracts with vendors contracted with the department for the aging, as applicable.
Prime vendor. The term “prime vendor” means a vendor contracted with a subcontracting vendor when such vendor is either contracted with the city or subcontracted to provide services for a vendor contracted with the city.
Subcontracting vendor. The term “subcontracting vendor” means any vendor party to a subcontract where such vendor must provide food prepared in advance by the vendor to a shelter for persons experiencing homelessness or a senior center as such term is defined in section 21-201.
Watch list. The term “watch list” means the watch list described in section 21-335.
b. Subcontract approval requirement. In addition to any rules promulgated or policies instituted by the commissioner of social services or the commissioner for the aging, the agency chief contracting officer shall not approve subcontracts that involve subcontracting vendors currently on the watch list published on January 1 of the year such approval would be given.
c. Rescission of approval. 1. Thirty days after publication of the watch list, the agency chief contracting officer shall rescind the approval of a subcontract involving any subcontracting vendor remaining on the watch list.
2. The commissioner shall provide notice to a prime vendor contracted with the department and subcontracting vendor with a subcontract subject to rescission of approval under paragraph 1 of this subdivision of such rescission. The commissioner for the aging shall provide notice to a prime vendor contracted with the department of the aging and subcontracting vendor with a subcontract subject to rescission of approval under paragraph 1 of this subdivision of such rescission.
3. The rescission of approval for a subcontract pursuant to this subdivision shall not form the sole basis of any responsibility determination required under section 313 of the charter.
d. Notice requirements. Any notice required by subdivision c of this section shall be sent to the recipient within 5 days of the publication of the watch list. A notice sent to a subcontracting vendor shall also include a description of the process for removal from the watch list as well as the process for requesting a hearing.
e. Hearings. 1. A subcontracting vendor who believes that approval for their subcontract is improperly subject to rescission under subdivision c of this section may appeal such decision to the commissioner or commissioner for the aging, as applicable based on whether the subcontract is related to a shelter for persons experiencing homelessness or senior center. The commissioner or the commissioner for the aging, as applicable, shall, prior to the end of the 30-day period described in paragraph 1 of subdivision c, issue a determination either affirming or reversing the rescission.
2. A subcontracting vendor may appeal a determination affirming the rescission of approval by the commissioner or commissioner for the aging to the office of administrative trials and hearings, which shall take final action regarding the matter.
3. A decision by the commissioner, the commissioner for the aging, or by an administrative law judge from the office of administrative trials and hearings reversing the rescission of approval shall remove a subcontracting vendor from the watch list.
§ 3. This local law takes effect 120 days after it becomes law.
JMF
LS #19112
9/16/2025 12:36 PM