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