HLS 10RS-1757 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1192
BY REPRESENTATIVE RICHMOND
PUBLIC HEALTH: Implements a new grading system for inspection results of food service
establishments and requires that the grades be posted in certain establishments
AN ACT1
To enact R.S. 40:5.5.4, relative to restaurant inspections; to provide for a system of grading2
and classifying inspection results for food service establishments; to provide for3
posting requirements for food establishments in cities with certain population levels;4
to provide for procedures for issuing grade cards; to provide for the Department of5
Health and Hospitals to create an adjudicative procedure; to establish subsequent6
requirements; to provide that proposed law shall not conflict with existing authority7
for the department to protect public health; to provide for authority for the8
department to promulgate rules and regulations; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:5.5.4 is hereby enacted to read as follows: 11
ยง5.5.4. Grading of inspection results in food service establishments12
A. The Department of Health and Hospitals shall establish and implement13
a system for grading and classifying inspection results for food service14
establishments, both fixed and mobile, using letters to identify and represent an15
establishment's compliance with the provisions of the state's sanitary code. The16
letter "A" shall be the grade representing the highest degree of compliance with the17
sanitary code. The department shall provide each operating establishment that it18
inspects with a letter grade card indicating the establishment's inspection grade,19 HLS 10RS-1757 ORIGINAL
HB NO. 1192
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except that no grade card shall be provided when the department orders an1
establishment closed after an inspection.2
B. Upon receipt, food establishments in cities with populations of at least3
two hundred thousand people shall conspicuously post a letter grade card so that it4
is visible to the general public and to patrons prior to entering the establishment.5
The letter grade card shall not be defaced, marred, camouflaged or hidden from6
public view.7
C. For any food service establishment receiving an "A" grade, the8
department shall provide the establishment with a letter grade card at the conclusion9
of the inspection where such grade is determined. The grade card shall be posted10
immediately.11
D. For any food service establishment receiving a grade lower than an "A",12
the department shall advise the establishment of its inspection grade and the findings13
upon which it was based. The department shall conduct a subsequent inspection of14
the establishment no sooner than seven days after the first inspection. At the15
conclusion of the second inspection, the department shall provide the establishment16
with a letter grade card indicating the inspection grade that the establishment17
received on that inspection.18
E. The department shall promulgate rules and regulations to establish an19
adjucative procedure, including an opportunity for a hearing, for any food service20
establishment wishing to contest a grade given after the second inspection. Any food21
service establishment receiving a grade lower than an "A" at a second inspection22
conducted pursuant to Subsection D of this Section may defer posting the letter grade23
card provided by the department until the hearing date established under the24
adjudicative procedure pursuant to this Subsection. If an establishment does not25
appear at the hearing, the establishment shall immediately post the letter grade card26
issued by the department at the second inspection conducted pursuant to Subsection27
D of this Section. If the establishment appears at the proceeding and the hearing is28
unable to proceed for any reason, or if the establishment makes a timely request for29 HLS 10RS-1757 ORIGINAL
HB NO. 1192
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adjournment and such adjournment is granted, the establishment may continue to1
defer posting the letter grade card until the adjourned hearing date. In no event shall2
an establishment defer posting the letter grade card after the adjourned hearing date3
if the establishment is not able to proceed on such date.4
F. Nothing in this Section shall affect the department's authority to take any5
other action necessary to protect the public health or to enforce the provisions of the6
sanitary code or any other law or rule applicable to the operation of a food service7
establishment.8
G. The department shall promulgate rules and regulations according to the9
Administrative Procedure Act as necessary to implement the provisions of this10
Section.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Richmond HB No. 1192
Abstract: Provides for the Dept. of Health and Hospitals (DHH) to establish and implement
a system for grading and classifying inspection results for food service
establishments. Provides that establishments in cities with populations of at least
two hundred thousand people shall conspicuously post a letter grade card so that it
is visible to the general public and to patrons before entering the establishment.
Provides for DHH to create an adjudicative procedure for food service
establishments wishing to contest a grade and for requirements after the adjudicative
hearing. Provides for DHH to promulgate other necessary rules and regulations to
implement the new grading system.
Proposed law provides for DHH to establish and implement a system for grading and
classifying inspection results for food service establishments.
Proposed law provides that establishments in cities with populations of at least 200,000
people shall conspicuously post a letter grade card so that it is visible to the general public
and to patrons before entering the establishment.
Proposed law provides that any food service establishment that receives a grade of "A" shall
post the grade card immediately upon receipt.
Proposed law provides that for any food service establishment that receives a grade lower
than an "A", DHH shall conduct a second inspection no earlier than seven days after the first
inspection. The food service establishment shall receive another grade card at the end of the
second inspection.
Proposed law provides for DHH to create an adjudicative procedure for food service
establishments wishing to contest a grade after the second inspection and provides that the HLS 10RS-1757 ORIGINAL
HB NO. 1192
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establishment may defer posting the grade card until after the hearing date. Proposed law
further provides for rules and exceptions to posting the grade card after the hearing date.
Proposed law provides that nothing in proposed law shall affect DHH's authority to take
other action necessary to protect public health as it pertains to the sanitary code.
Proposed law provides for DHH to promulgate other necessary rules and regulations to
implement the new grading system.
(Adds R.S. 40:5.5.4)