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Regular Session, 2012
SENATE BILL NO. 704
BY SENATOR GALLOT
SANITARY CODE. Provides for a sanitation grading system for restaurants. (See Act)
AN ACT1
To enact R.S. 40:5.5(H), relative to sanitary inspections of restaurants; to provide for a2
grading system; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 40:5.5(H) is hereby enacted to read as follows: 5
ยง5.5. Sanitary inspections of certain restaurants; food safety certificates ; grading6
* * *7
H.(1) Grading. The department shall establish and implement a system8
for grading and classifying inspection results for food service establishments9
using letters to identify and represent an establishment's degree of compliance10
with the sanitary code and other applicable laws that require such11
establishments to operate in a sanitary manner so as to protect public health.12
The letter "A" shall be the grade representing the highest degree of compliance13
with such laws. Subject to the provisions of this Subsection, the department14
shall provide each operating establishment that it inspects with a letter grade15
card indicating the establishment's inspection grade, except that no letter grade16
card shall be provided when the department orders an establishment closed17 SB NO. 704
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after an inspection.1
(2) Posting. Upon receipt, and except as provided in Paragraphs (3) and2
(5) of this Subsection, an establishment shall conspicuously post a letter grade3
card so that it is visible to the general public and to patrons prior to entering the4
establishment. The letter grade card shall not be defaced, marred,5
camouflaged, or hidden from public view.6
(3) Issuance of grade card. (a) "A" grades. For any establishment7
receiving an "A" grade, the department shall provide the establishment with a8
letter grade card at the conclusion of the inspection where such grade is9
determined. The grade card shall be posted immediately.10
(b) Other grades. For any food service establishment receiving a grade11
lower than an "A", the department shall advise the establishment of its12
inspection grade and the findings upon which it was based. The department13
shall conduct a subsequent inspection of the establishment no sooner than seven14
days after the first inspection. At the conclusion of the second inspection, the15
department shall provide the establishment with a letter grade card indicating16
the inspection grade that the establishment received on that inspection.17
(4) Adjudication. After any notice of violation issued at an inspection18
at which a letter grade card was provided to a food service establishment is19
heard and determined pursuant to the Administrative Procedure Act, the20
department shall re-grade the inspection results taking into account only the21
violations alleged in the notice that were either admitted by the establishment22
or sustained by a hearing examiner. If re-grading changes the inspection grade,23
the department shall issue the food service establishment a new letter grade24
card that the establishment shall immediately post instead of or in place of the25
letter grade card provided by the department at the conclusion of the inspection26
resulting in the issuance of this notice of violation.27
(5) Deferral of posting grade. (a) A food service establishment receiving28
a grade lower than an "A" at a second inspection conducted pursuant to29 SB NO. 704
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Paragraph (3) of this Subsection may defer posting the letter grade card1
provided by the department at the conclusion of that inspection until the2
hearing date scheduled by the department. If an establishment chooses to defer3
posting this letter grade card, the establishment shall remove any letter grade4
card that is currently posted, and instead post a sign provided by the5
department advising the public that the establishment's inspection result is6
under review and that the result of the inspection can be obtained from the7
department.8
(b) If an establishment does not appear on the date scheduled for9
hearing the notice of violation referred to in Paragraph (4) of this Subsection,10
the establishment shall immediately post the letter grade card issued by the11
department at the second inspection conducted pursuant to Paragraph (3) of12
this Subsection. If the establishment appears at the hearing on the scheduled13
date, but the hearing is unable to proceed for any reason, or if the establishment14
makes a timely request for an adjournment and such adjournment is granted,15
the establishment may continue to defer posting the letter grade card until the16
adjourned hearing date. In no event shall an establishment defer posting its17
letter grade card after the adjourned hearing date if the establishment is not18
able to proceed on such date.19
(6) Scope and applicability. This Subsection shall not apply to any20
mobile food vending unit, mobile food vending commissary, temporary food21
service establishment, food service establishment operated in or by a primary22
or secondary school, hospital-operated cafeteria, correctional facility, or23
charitable organization, including a soup kitchen or other prepared food24
distribution program, nor to any food service establishment operated by a not-25
for-profit membership organization for service to its members only.26
(7) No effect on other enforcement. Nothing in this Subsection shall27
affect the department's authority to take any other action necessary to protect28
the public health or to enforce the provisions of the sanitary code or any other29 SB NO. 704
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law or rule applicable to operation of a food service establishment.1
Section 2. The state health officer acting through the office of public health of the2
Department of Health and Hospitals shall prepare, promulgate, and enforce rules and3
regulations to implement Section 1 of this Act in accordance with the Administrative4
Procedure Act.5
Section 3.A. Section 1 of this Act shall become effective on January 1, 2013.6
B. Section 2 of this Act shall become effective upon signature by the governor or,7
if not signed by the governor, upon expiration of the time for bills to become law without8
signature by the governor, as provided by Article III, Section 18 of the Constitution of9
Louisiana. If vetoed by the governor and subsequently approved by the legislature, Section10
2 of this Act shall become effective on the day following such approval.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Present law, relative to the sanitary inspection of restaurants by the state health officer of the
office of public health in DHH, defines "food service establishment" as an establishment
which prepares food for human consumption, either for individual service or for a group of
people, whether consumption is on or off the premises and regardless if there is a charge for
the food.
Provides that "food service establishment" does not include:
1. Private homes where food is prepared or served for individual family consumption,
private clubs where food is prepared and served exclusively for member
consumption, religious or charitable food sales, any establishment that heats or
prepares boudin or sausage for personal consumption, a bar or lounge that serves
beverages only, temporary and seasonal establishments, and bed and breakfast
operations.
2. Nursing facilities.
3. Public, private, or parochial schools.
Proposed law retains present law.
Proposed law requires that DHH establish and implement a system for grading and
classifying inspection results for food service establishments using letters to identify and
represent an establishment's degree of compliance with the sanitary code and other
applicable laws that require such establishments to operate in a sanitary manner so as to
protect public health. Provides that the letter "A" shall be the grade representing the highest
degree of compliance with such laws. Subject to proposed law, DHH shall provide each
operating establishment that it inspects with a letter grade card indicating the establishment's
inspection grade, except that no letter grade card shall be provided when DHH orders an
establishment closed after an inspection. SB NO. 704
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Provides that except as otherwise provided in proposed law, an establishment shall
conspicuously post a letter grade card so that it is visible to the general public and to patrons
prior to entering the establishment. The letter grade card shall not be defaced, marred,
camouflaged, or hidden from public view.
Provides that for any establishment receiving an "A" grade, DHH shall provide the
establishment with a letter grade card at the conclusion of the inspection where such grade
is determined and the grade card shall be posted immediately.
Provides that for any food service establishment receiving a grade lower than an "A", DHH
shall advise the establishment of its inspection grade and the findings upon which it was
based. DHH shall conduct a subsequent inspection of the establishment no sooner than
seven days after the first inspection. At the conclusion of the second inspection, DHH shall
provide the establishment with a letter grade card indicating the inspection grade that the
establishment received on that inspection.
Provides that after any notice of violation issued at an inspection at which a letter grade card
was provided to a food service establishment is heard and determined pursuant to the APA,
DHH shall re-grade the inspection results taking into account only the violations alleged in
the notice that were either admitted by the establishment or sustained by a hearing examiner.
If re-grading changes the inspection grade, DHH shall issue the food service establishment
a new letter grade card that the establishment shall immediately post instead of or in place
of the letter grade card provided by DHH at the conclusion of the inspection resulting in the
issuance of this notice of violation.
Provides that a food service establishment receiving a grade lower than an "A" at a second
inspection may defer posting the letter grade card provided by DHH at the conclusion of that
inspection until the hearing date scheduled by DHH. If an establishment chooses to defer
posting this letter grade card, the establishment shall remove any letter grade card that is
currently posted, and instead post a sign provided by DHH advising the public that the
establishment's inspection result is under review and that the result of the inspection can be
obtained from DHH.
Provides that if an establishment does not appear on the date scheduled for hearing the notice
of violation, the establishment shall immediately post the letter grade card issued by DHH
at the second inspection. If the establishment appears at the hearing on the scheduled date,
but the hearing is unable to proceed for any reason, or if the establishment makes a timely
request for an adjournment and such adjournment is granted, the establishment may continue
to defer posting the letter grade card until the adjourned hearing date. In no event shall an
establishment defer posting its letter grade card after the adjourned hearing date if the
establishment is not able to proceed on such date.
Provides that proposed law shall not apply to any mobile food vending unit, mobile food
vending commissary, temporary food service establishment, food service establishment
operated in or by a primary or secondary school, hospital-operated cafeteria, correctional
facility, or charitable organization, including a soup kitchen or other prepared food
distribution program, nor to any food service establishment operated by a not-for-profit
membership organization for service to its members only.
Provides that nothing in proposed law shall affect DHH's authority to take any other action
necessary to protect the public health or to enforce the sanitary code or any other law or rule
applicable to operation of a food service establishment.
Proposed law requires that the state health officer acting through the office of public health
of DHH prepare, promulgate, and enforce rules and regulations to implement proposed law
in accordance with the APA. This provision becomes effective upon signature of the
governor or lapse of time for gubernatorial action. SB NO. 704
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The remainder of the Act becomes effective January 1, 2013.
(Adds R.S. 40:5.5(H))