OpenPublica

Accountability starts with access.

© 2026 · Filed for the public record

Use casesAboutAPIPrivacyTermsLinkedIn
Home/New York City, New York/City Council
OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

NYC Council Committee on Health: Food Service Inspection Oversight and Legislation – October 19, 2026

City Council — Monday, October 19, 2026
BodyNew York City, New York
SessionCity Council
DateMonday, October 19, 2026
StatusFILED
Video Record
0:00 / 2:02:47

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:16

Good morning and welcome to today's New York City Council Hammer for the Committee on Health.

0:20

Ladies and gentlemen, at this time, we please ask you to silence all electronic devices if you would like to fellow assembly slip and please see one of the sergeant arm officers.

0:30

Moving forward at no point in time must anyone to approach the front day.

0:34

Chair, you may begin.

Speaker 2

0:38

Good morning, everyone, and welcome to today's hearing of the New York City Council Committee on Health.

0:43

I'm Councilmember Lynn Shulman, Chair of the Committee.

0:46

I want to thank my colleagues and the representatives from the Department of Health and Mental Hygiene for joining us today to discuss food service establishment inspections in New York City.

0:55

We've been joined today by Councilmembers Marte, De La Rosa, Wilson, and Ariola on Zoom.

1:04

At its core, public health is about protecting New Yorkers in their everyday lives.

1:08

It means making sure the food we eat is safe, that the businesses serving our communities meet clear and consistent standards, and that New Yorkers have access to information that supports their health and well-being.

1:19

Today, the committee will examine DOHMH's oversight of food service establishment inspections and consider a range of legislation addressing food safety, restaurant accountability, tobacco regulation, disease prevention, and children's nutrition.

1:34

The council's analysis of DOHMH data in preparation for this hearing highlights the current challenges facing the city's restaurant inspection program.

2:08

Recently, there are encouraging signs of increased inspection activity.

2:12

The average number of monthly inspections rose from approximately 1,400 in the final quarter of 2023 to nearly 2200 by June 2024, reaching just under 2700 by August 2026.

2:27

However, the department's entry-level public health sanitarian workforce has not returned to its pre-COVID levels, and inspection trends reflect this reality.

2:36

These data raise questions about staffing, inspection capacity, and the department's ability to provide consistent oversight across the city's food service establishments.

2:46

The council's analysis also found that facility and equipment maintenance and pest presence and prevention account for nearly half of all violations across inspections.

2:57

These findings underscore why routine inspections, accurate documentation, and timely corrective action are essential to protecting New Yorkers from unsafe and unsanitary conditions.

3:08

We want to understand how DOHMH is addressing inspection capacity, prioritizing inspections and follow-up visits, and ensuring that violations are identified, documented, and corrected.

3:19

We look forward to DOHMH's engagement with these topics.

3:23

In addition, the committee will consider six introductions and one resolution.

3:27

These three proposals today focus on restaurant operations, food safety, and accountability.

3:32

Proposed intro 189A, sponsored by Councilmember Fire Farius, would require photographs of video documenting each cited violation when a restaurant inspection results in 14 or more points.

3:45

Intro 908, sponsored by Councilmember Santuso, would establish a digital system for verifying food protection certificates and prevent a restaurant from being penalized solely because a physical certificate is not present, provided the required certification can be verified as valid digitally.

4:04

An intro 1124, sponsored by myself, would require individuals managing or supervising food service establishments to renew their food protection course certification every five years.

4:16

We will also hear proposed intro 405A and intro 947, both sponsored by Councilmember Riley.

4:22

Healthy eating habits begin early, and the food and beverages children consume can have lasting implications for their health and development.

4:30

Proposed intro 405A would establish nutrition standards for children's meals served at chain restaurants.

4:36

Intro 947 concerns tobacco bars.

4:39

The bill would allow a qualifying tobacco bar experiencing financial hardship to seek a one time transfer of its registration and a one time transfer of its tobacco retail dealer license to a new location, subject to specified conditions.

Unassigned speaker

5:00

We look forward to hearing DOHMH's perspective on the public health implications of the proposal and how the existing registration and licensing framework for tobacco bars and tobacco retail dealers operates.

Speaker 2

5:07

As a follow-up to our hearing on Legionnaire's disease this past September, we will also consider my legislation introduction 1094 requiring building owners to report Legionella test results of at least 10 colony forming units per milliliter to DOHMH.

5:23

Timely reporting of test results can be a critical component of identifying potential health risks and giving DOHMH access to more testing data could help the agency take a more proactive approach.

5:35

The metric I am proposing in this bill was implemented in jurisdictions in Canada and has been a successful tool in proactively addressing Legionnaire's disease.

5:43

We want to understand how the proposed requirement would fit into DOHMH's existing practices and whether the agency sees a benefit to changing this reporting threshold.

5:53

Finally, we will hear resolution 152, sponsored by Councilmember Stevens, supporting state legislation addressing certain food additives as well as color additives in food sold in schools.

6:05

In closing, I want to thank my colleagues for bringing these proposals forward.

6:08

I want to thank Deputy Commissioner Corinne Schiff

Unassigned speaker

6:10

and

Speaker 2

6:10

DOHMH for appearing before the committee today.

6:13

I look forward to a substantive discussion about how we can strengthen restaurant inspection and enforcement practices, promote food safety, which we all know is really important these days.

6:22

Address, and I want to thank the DOHMH, who's been really on top of this issue.

6:27

So addressing emerging foodborne illness concerns and how we can collaborate to ensure that inspection rates rebound.

6:34

Together we can work to improve these processes for restaurants, for the inspectors, and for the public.

6:40

With that, I would like to read a brief statement by Councilmember San Tantusoso on her legislation.

Unassigned speaker

6:47

I

Speaker 2

6:48

would like to thank Councilmember Shulman for including intro 908 onto today's agenda and the legislative staff, especially Christopher Pepe, for their work drafting this bill.

6:56

Intro 908 would close a bureaucratic loophole that is hurting beloved restaurants across our city.

7:02

Currently, any restaurant that is open for business must have at least one person on site who holds a food protection certificate.

7:09

This is an important regulation that helps keep restaurants safe for patrons.

7:13

However, when DOHMH conducts an inspection, the certified worker must

Unassigned speaker

7:17

have

Speaker 2

7:17

a physical copy of the certificate on hand, otherwise, the restaurant could receive a serious violation and hefty fine, despite DOHMH presumably having a database that shows who is certified.

7:28

So if a worker forgot to bring their certificate to work that day, the restaurant is penalized, despite the fact that this worker is duly is a duly certified food protection worker.

7:37

This legislation is very simple.

7:39

It would require DOHMH to create and maintain a digital database of food protection certificate holders and to consult that database during inspections if a worker does not have their certificate on hand.

7:50

This would not eliminate DOHMH's ability to enforce the underlying rule requiring certification in the first place and does not change food safety requirements.

7:59

It simply recognizes that we are in an increasingly digital world and that checking a database is often a more efficient system than requiring a worker to remember a physical card every day.

8:10

Passing this legislation would demonstrate to the hospital industry that the city supports them and wants to make it easier for them to continue serving our neighborhoods for years to

Unassigned speaker

8:19

come.

Discussion Breakdown — Share of Meeting
Public Health█████████████████████████████████████████████60%
Food Safety██████████13%
Procedural████████10%
Public Engagement█████7%
Public Safety███4%
Personnel Matters██2%
Environmental Protection█1%
Child Care█1%
Tobacco Control█1%
Summary of Proceedings

NYC Council Committee on Health: Food Service Inspection Oversight and Legislation – October 19, 2026

The New York City Council Committee on Health, chaired by Councilmember Lynn C. Schulman, convened at 10:00 AM in Hearing Room 2 at 250 Broadway on Monday, October 19, 2026, for an oversight hearing on food service establishment inspections in New York City and to consider six introductions and one resolution. Members present: Schulman, Ariola, De La Rosa, Epstein, Marte, Narcisse, and Wilson; Councilmember Gennaro was absent and Councilmember Felder was excused for medical reasons. Deputy Commissioner Corinne Schiff testified for the Department of Health and Mental Hygiene (DOHMH), joined by Assistant Commissioner Kim Kessler, Dr. Achala Talati (Director of Tobacco Policy and Programs), and Vasuda Reddy (Deputy Director, Bureau of Communicable Diseases). All legislation considered was laid over by the committee without final action.

Oversight: Food Service Establishment Inspections

Chair Schulman reported that council analysis of DOHMH data showed average monthly inspections rose from approximately 1,400 in the final quarter of 2023 to nearly 2,200 by June 2024, reaching just under 2,700 by August 2026. She noted the entry-level public health sanitarian workforce has not returned to pre-COVID levels, and that facility/equipment maintenance and pest presence/prevention account for nearly half of all violations.

DOHMH testimony and Q&A highlights:

  • About 90% of restaurants post an A grade, up from 85% in FY12; the program celebrated its 15th anniversary in July 2025.
  • DOHMH regulates about 40,000 food service establishments, roughly 30,000 of which are restaurants; inspections are unannounced and randomized.
  • Inspections totaled just over 20,000 in FY24, almost 21,000 in FY25, and nearly 21,400 in FY26 (just over 16,000 initial inspections, almost 6,000 re-inspections, and just over 250 compliance inspections).
  • Per the Fiscal 2026 Mayor's Management Report, DOHMH inspected 71% of restaurants, below the 100% target; about 8,800 restaurants were not inspected in FY26, and just under 500 had gone two or more years without an inspection.
  • The food safety bureau budget is about $25 million, about $20 million for personnel; DOHMH stated hiring, not funding, is the main barrier to full staffing.
  • DOHMH trains about 35,000 food protection certificate (FPC) holders per year; the in-person course costs $114, the online course is free, and the review course and exam cost $24. In FY26 it issued about 2,800 violations for no FPC holder on site and just over 870 grade-posting violations.
  • DOHMH maintains an ombudsperson and customer service office for restaurant owners and agreed to share outreach materials with council members.

Legislation Considered

  • Int. 0189-2026-A (photo/video documentation of violations): Would require notices of violation issued during food service inspections to include photographs or video recordings of each cited violation when an inspection results in 14 or more points (the cutoff for an A grade). DOHMH expressed concern that photographing and video-recording violations would lengthen inspections and require significant data storage and record retention resources. Local 768 called the mandate impractical, redundant, and a risk to inspector safety. The committee amended the bill and laid it over.

  • Int. 0405-2026-A (children's meal nutrition standards): Would set nutrition standards and beverage options for children's meals served in chain restaurants, including at least one non-juice fruit serving, one serving of non-deep-fried vegetables, reduced juice serving sizes, and limits on calories, sodium, and saturated fat. DOHMH expressed support, noting whole milk is appropriate for children ages 1–2 and flagging concerns about added sugars in flavored milk. The American Heart Association supported the bill but objected to whole milk and flavored milk being included as options, arguing this would weaken the existing default beverage standard. The committee amended the bill and laid it over. (Note: the transcript once refers to this bill as "504A"; the agenda and minutes identify it as Int. 0405-2026.)

  • Int. 0908-2026 (digital FPC verification): Would require DOHMH to create and maintain a digital database of food protection certificate holders and consult it during inspections before penalizing a restaurant for lacking a physical certificate. Sponsor Councilmember Santuso said the bill closes a bureaucratic loophole hurting restaurants. DOHMH supports the intent but cited operational hurdles, including records currently deleted after 10 years and the scale of maintaining decades of records for about 35,000 new certificate holders per year. Laid over.

  • Int. 0947-2026 (tobacco bar transfers): Would allow a qualifying tobacco bar experiencing financial hardship to seek a one-time transfer of its registration and tobacco retail dealer license to a new location. DOHMH opposed the bill, stating it would undermine the attrition purpose of the Smoke Free Air Act; it testified that five tobacco bars currently operate in the city, down from eight when the law was enacted. The American Cancer Society Cancer Action Network also opposed it. Christina Danson testified in support, arguing the government should regulate rather than ban lawful businesses. Laid over.

  • Int. 1094-2026 (Legionella reporting): Would require building owners to report Legionella test results of at least 10 colony forming units per milliliter (CFU/mL) to DOHMH. Chair Schulman noted the 10 CFU/mL metric has been used successfully in Canadian jurisdictions. DOHMH said its corrective-action requirements already begin at the same low level and looked forward to discussing the reporting requirement. Laid over.

  • Int. 1124-2026 (FPC recertification): Would require individuals managing or supervising food service establishments to renew their food protection course certification every five years. DOHMH said it supports the intent and would work with the council on implementation. Laid over.

  • Res. 0152-2026 (state food additives legislation): Would call on the New York State Legislature to pass, and the Governor to sign, S.1239A/A.1556A, prohibiting certain food additives, prohibiting the sale of food containing certain color additives at schools, and restricting substances "Generally Recognized as Safe" unless reporting requirements are met. Laid over.

Public Comments & Testimony

  • Carmen Deleon, President, Local 768: Representing public health sanitarians, cited a shortage of sanitarians and salary concerns and said Intro 189 is impractical and redundant with existing processes.
  • Charlton Smith, Executive Vice President, Local 768: With 24 years of DOHMH service, raised serious concerns about Intro 189, including administrative burden, privacy risks, inspector safety, and data storage demands, and urged the council to reconsider the mandate.
  • Michael Divoli, American Cancer Society Cancer Action Network: Opposed Int. 947 as undermining the Smoke Free Air Act, noting more than 12,000 New Yorkers die annually from tobacco-related illness and that the city has more than 6,000 licensed tobacco retailers; he said the market now has six tobacco bars (a figure that differs from DOHMH's count of five). He also expressed support for the school food additives resolution.
  • American Heart Association representative: Supported Int. 405-A, citing that nearly 40% of New York City public school children in grades K–8 are overweight or obese and fewer than one in five children ages 5–13 consume recommended fruit and vegetable servings per day; raised concerns about whole milk and flavored milk in the bill and opposed Int. 947.
  • Christina Danson: Testified in favor of Int. 947, citing the 1942 New York State Supreme Court decision Good Humor v. City of New York holding that the city cannot ban a lawful licensed business where regulation would suffice.
  • Virginia Villa, Deputy Research Director, Hotel and Gaming Trades Council: Supported Int. 1094, describing a hotel where Legionella levels below the 1,000 CFU/mL reporting threshold went unreported; a later test showed density increased fourfold to over 700 CFU/mL, and workers and guests learned of the risk only after the union became involved and arbitration secured remediation.
  • Philip Stewart White, independent consultant and former co-designer of Vancouver's cooling tower registry: Supported Int. 1094 and suggested requiring every monthly test result to be reported, not only those at or above 10 CFU; he reported that Vancouver reduced elevated results from repeat systems by 86% in four years through targeted follow-up.
  • Ian Horn, President, Cooling Technology Institute: Opposed lowering the reporting threshold to 10 CFU/mL, stating that no single Legionella concentration has been demonstrated to reliably predict human illness and that the focus should remain on comprehensive water management programs; he offered CTI as a technical resource.

Key Outcomes

  • The oversight item (T2026-2545) was filed by the committee.
  • All six introductions and the one resolution had hearings held and were laid over; Int. 0189-2026-A and Int. 0405-2026-A were amended by the committee before being laid over.
  • DOHMH committed to provide follow-up data, including a list of regulated establishment types, inspector job descriptions, data on takeout vs. sit-down restaurant inspections, salary comparisons with other jurisdictions, FPC fee revenue, and record retention periods.
  • Written testimony may be submitted to testimony@council.nyc.gov within 72 hours of adjournment.

Meeting Transcript

Good morning and welcome to today's New York City Council Hammer for the Committee on Health. Ladies and gentlemen, at this time, we please ask you to silence all electronic devices if you would like to fellow assembly slip and please see one of the sergeant arm officers. Moving forward at no point in time must anyone to approach the front day. Chair, you may begin. Good morning, everyone, and welcome to today's hearing of the New York City Council Committee on Health. I'm Councilmember Lynn Shulman, Chair of the Committee. I want to thank my colleagues and the representatives from the Department of Health and Mental Hygiene for joining us today to discuss food service establishment inspections in New York City. We've been joined today by Councilmembers Marte, De La Rosa, Wilson, and Ariola on Zoom. At its core, public health is about protecting New Yorkers in their everyday lives. It means making sure the food we eat is safe, that the businesses serving our communities meet clear and consistent standards, and that New Yorkers have access to information that supports their health and well-being. Today, the committee will examine DOHMH's oversight of food service establishment inspections and consider a range of legislation addressing food safety, restaurant accountability, tobacco regulation, disease prevention, and children's nutrition. The council's analysis of DOHMH data in preparation for this hearing highlights the current challenges facing the city's restaurant inspection program. Recently, there are encouraging signs of increased inspection activity. The average number of monthly inspections rose from approximately 1,400 in the final quarter of 2023 to nearly 2200 by June 2024, reaching just under 2700 by August 2026. However, the department's entry-level public health sanitarian workforce has not returned to its pre-COVID levels, and inspection trends reflect this reality. These data raise questions about staffing, inspection capacity, and the department's ability to provide consistent oversight across the city's food service establishments. The council's analysis also found that facility and equipment maintenance and pest presence and prevention account for nearly half of all violations across inspections. These findings underscore why routine inspections, accurate documentation, and timely corrective action are essential to protecting New Yorkers from unsafe and unsanitary conditions. We want to understand how DOHMH is addressing inspection capacity, prioritizing inspections and follow-up visits, and ensuring that violations are identified, documented, and corrected. We look forward to DOHMH's engagement with these topics. In addition, the committee will consider six introductions and one resolution. These three proposals today focus on restaurant operations, food safety, and accountability. Proposed intro 189A, sponsored by Councilmember Fire Farius, would require photographs of video documenting each cited violation when a restaurant inspection results in 14 or more points. Intro 908, sponsored by Councilmember Santuso, would establish a digital system for verifying food protection certificates and prevent a restaurant from being penalized solely because a physical certificate is not present, provided the required certification can be verified as valid digitally. An intro 1124, sponsored by myself, would require individuals managing or supervising food service establishments to renew their food protection course certification every five years. We will also hear proposed intro 405A and intro 947, both sponsored by Councilmember Riley. Healthy eating habits begin early, and the food and beverages children consume can have lasting implications for their health and development. Proposed intro 405A would establish nutrition standards for children's meals served at chain restaurants. Intro 947 concerns tobacco bars. The bill would allow a qualifying tobacco bar experiencing financial hardship to seek a one time transfer of its registration and a one time transfer of its tobacco retail dealer license to a new location, subject to specified conditions. We look forward to hearing DOHMH's perspective on the public health implications of the proposal and how the existing registration and licensing framework for tobacco bars and tobacco retail dealers operates. As a follow-up to our hearing on Legionnaire's disease this past September, we will also consider my legislation introduction 1094 requiring building owners to report Legionella test results of at least 10 colony forming units per milliliter to DOHMH. Timely reporting of test results can be a critical component of identifying potential health risks and giving DOHMH access to more testing data could help the agency take a more proactive approach. The metric I am proposing in this bill was implemented in jurisdictions in Canada and has been a successful tool in proactively addressing Legionnaire's disease. We want to understand how the proposed requirement would fit into DOHMH's existing practices and whether the agency sees a benefit to changing this reporting threshold. Finally, we will hear resolution 152, sponsored by Councilmember Stevens, supporting state legislation addressing certain food additives as well as color additives in food sold in schools. In closing, I want to thank my colleagues for bringing these proposals forward. I want to thank Deputy Commissioner Corinne Schiff and DOHMH for appearing before the committee today. I look forward to a substantive discussion about how we can strengthen restaurant inspection and enforcement practices, promote food safety, which we all know is really important these days. Address, and I want to thank the DOHMH, who's been really on top of this issue. So addressing emerging foodborne illness concerns and how we can collaborate to ensure that inspection rates rebound. Together we can work to improve these processes for restaurants, for the inspectors, and for the public. With that, I would like to read a brief statement by Councilmember San Tantusoso on her legislation. I would like to thank Councilmember Shulman for including intro 908 onto today's agenda and the legislative staff, especially Christopher Pepe, for their work drafting this bill. Intro 908 would close a bureaucratic loophole that is hurting beloved restaurants across our city. Currently, any restaurant that is open for business must have at least one person on site who holds a food protection certificate. This is an important regulation that helps keep restaurants safe for patrons.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com