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Assembly Bill A8538

2009-2010 Legislative Session

Requires retail food stores to keep shellfish separate from all other fish in the storage, display, maintenance and handling of such shellfish

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Archive: Last Bill Status - In Assembly Committee

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2009-A8538 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add Art 13-F ยง160-w, Ag & Mkts L

2009-A8538 (ACTIVE) - Summary

Requires retail food stores to keep shellfish separate from all other fish in the storage, display, maintenance and handling of such shellfish.

2009-A8538 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8538

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by  M. of A. FIELDS, DUPREY -- read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  requir-
  ing  retail food stores to keep shellfish separate from all other fish
  in the storage, display, maintenance and handling of such shellfish

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

  Section  1. The agriculture and markets law is amended by adding a new
article 13-F to read as follows:

                              ARTICLE 13-F
                                SHELLFISH

SECTION 160-W. STORAGE, DISPLAY, MAINTENANCE, OR HANDLING  OF  SHELLFISH
                 BY A RETAIL FOOD STORE.
  S  160-W. STORAGE, DISPLAY, MAINTENANCE, OR HANDLING OF SHELLFISH BY A
RETAIL FOOD STORE. 1. ALL RETAIL FOOD STORES SHALL STORE, DISPLAY, MAIN-
TAIN AND HANDLE SHELLFISH SEPARATE FROM ALL OTHER TYPES OF FISH SOLD  AT
SUCH STORE. IF FISH SOLD IS SUBJECT TO CONTACT WITH SHELLFISH, SUCH FISH
SHALL BE DISPOSED OF IMMEDIATELY.
  2.  A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISHABLE
BY A CIVIL PENALTY NOT TO EXCEED FIFTY DOLLARS FOR THE FIRST  VIOLATION,
NOT  LESS THAN FIFTY DOLLARS AND NOT MORE THAN TWO HUNDRED DOLLARS FOR A
SECOND VIOLATION, AND NOT LESS THAN TWO HUNDRED  DOLLARS  AND  NOT  MORE
THAN  FIVE  HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION WITHIN A
TWENTY-FOUR MONTH PERIOD.
  3. FOR PURPOSES OF THIS SECTION:
  A. "RETAIL FOOD STORE" MEANS ANY ESTABLISHMENT OR SECTION OF AN ESTAB-
LISHMENT WHERE FOOD AND FOOD PRODUCTS ARE OFFERED TO  THE  CONSUMER  AND
INTENDED  FOR OFF-PREMISES CONSUMPTION. THE TERM DOES NOT INCLUDE ESTAB-
LISHMENTS WHICH  HANDLE  ONLY  PRE-PACKAGED,  NON-POTENTIALLY  HAZARDOUS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11911-01-9

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