assembly Bill A9128A

Grants concurrent jurisdiction to the city of New York department of health and mental hygiene over grocery stores and farmers markets

download pdf

Sponsor

BRAUNSTEIN

Co-Sponsors

view all co-sponsors

Multi-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 25 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 01 / Mar / 2012
    • AMEND (T) AND RECOMMIT TO AGRICULTURE
  • 01 / Mar / 2012
    • PRINT NUMBER 9128A

Summary

Grants concurrent jurisdiction to the department of agriculture and markets and the city of New York department of health and mental hygiene over grocery stores and farmers' markets.

do you support this bill?

Bill Details

See Senate Version of this Bill:
S6101A
Versions:
A9128
A9128A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Agriculture
Law Section:
New York City Charter
Laws Affected:
Amd §§556, NYC Chart; amd §16, Ag & Mkts L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9128--A

                          I N  A S S E M B L Y

                            January 25, 2012
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
  Committee  on  Agriculture  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  New  York  city charter and the agriculture and
  markets law, in relation to granting concurrent  jurisdiction  to  the
  city  of  New  York department of health and mental hygiene to conduct
  inspections of retail food stores and farmers' markets; and  providing
  for the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 556 of the New York  city  charter  is  amended  by
adding a new subdivision f to read as follows:
  F.  JURISDICTION  OVER  RETAIL  FOOD STORES AND FARMERS' MARKETS.  (1)
EXERCISE, CONCURRENTLY WITH THE NEW YORK STATE DEPARTMENT OF AGRICULTURE
AND MARKETS, JURISDICTION TO CONDUCT INSPECTIONS OF RETAIL  FOOD  STORES
AND  FARMERS'  MARKETS WITHIN THE GEOGRAPHICAL LIMIT OF ITS JURISDICTION
TO DETERMINE COMPLIANCE WITH  ALL  PROVISIONS  OF  THE  AGRICULTURE  AND
MARKETS  LAW  AND THE REGULATIONS PROMULGATED THEREUNDER, WHICH APPLY TO
RETAIL FOOD STORES AND FARMERS'  MARKETS.  THE  RESULTS  OF  INSPECTIONS
CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL BE REFERRED TO THE NEW YORK
STATE  DEPARTMENT OF AGRICULTURE AND MARKETS FOR APPROPRIATE ENFORCEMENT
PROCEEDINGS; PROVIDED THAT IF THE NEW YORK STATE DEPARTMENT OF  AGRICUL-
TURE  AND  MARKETS  IMPOSES  ANY MONETARY PENALTY FOR A VIOLATION OF THE
AGRICULTURE AND MARKETS LAW AND THE REGULATIONS  PROMULGATED  THEREUNDER
AS  A  RESULT  OF  AN INSPECTION CONDUCTED PURSUANT TO THIS SUBDIVISION,
FIFTY PERCENT OF THE REVENUE RESULTING FROM SUCH PENALTY SHALL  BE  PAID
TO THE DEPARTMENT FOR DEPOSIT IN THE GENERAL FUND OF THE CITY; AND
  (2)  COORDINATE  AND  COOPERATE  WITH THE NEW YORK STATE DEPARTMENT OF
AGRICULTURE AND MARKETS IN ALL MATTERS RELATED TO THE DEPARTMENT'S EXER-
CISE OF JURISDICTION PURSUANT TO THIS SUBDIVISION, SO THAT  THERE  IS  A
CONTINUITY OF REGULATORY CONTROL AND ENFORCEMENT ACTIONS AMONG THE ENTI-
TIES.
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 47 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13672-05-2

A. 9128--A                          2

  47. EXERCISE, CONCURRENTLY WITH THE NEW YORK CITY DEPARTMENT OF HEALTH
AND MENTAL HYGIENE, JURISDICTION TO CONDUCT INSPECTIONS OF  RETAIL  FOOD
STORES AND FARMERS' MARKETS WITHIN THE CITY OF NEW YORK. THE COMMISSION-
ER  SHALL  COORDINATE AND COOPERATE WITH THE NEW YORK CITY DEPARTMENT OF
HEALTH  AND  MENTAL  HYGIENE WITH RESPECT TO SUCH CONCURRENT EXERCISE OF
JURISDICTION. THE COMMISSIONER MAY PROMULGATE RULES AND  REGULATIONS  TO
EFFECTUATE  SUCH CONCURRENT EXERCISE OF JURISDICTION. UPON IMPOSITION OF
ANY MONETARY PENALTY FOR A VIOLATION OF THIS CHAPTER AND THE REGULATIONS
PROMULGATED THEREUNDER, WHICH IS IMPOSED AS A RESULT  OF  AN  INSPECTION
CONDUCTED  BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE,
THE COMMISSIONER SHALL CAUSE FIFTY PERCENT OF THE REVENUE RESULTING FROM
SUCH PENALTY TO BE PAID TO THE NEW YORK CITY DEPARTMENT  OF  HEALTH  AND
MENTAL HYGIENE FOR DEPOSIT IN THE GENERAL FUND OF THE CITY.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed 2 years  after
such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.