Provides that the department of agriculture and markets must order a retail food store failing three consecutive sanitary inspections to cease retail operations or suspend or revoke its license until it passes inspection; also provides for a five hundred dollar fine for stores failing to post inspection reports or make copies available to the public upon request.
BILL NUMBER:A9956
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to sanctions for violations of retail food store sanitary
inspection provisions
PURPOSE OR GENERAL IDEA OF BILL: Provides that the department of agri-
culture and markets must order a retail food store failing inspection to
cease operations or suspend or revoke its license.
SUMMARY OF SPECIFIC PROVISIONS: Amends subdivision 2 of section 500 of
the agriculture and markets law, as added by chapter 278 of the laws of
2000 to provide that any retail food store failing to post the date and
results of its most recent sanitary inspection shall be subject to a
penalty of five hundred dollars for each day of violation. Also amends
subdivision 4 of section 500 of the agriculture and markets law, as
added by chapter 278 of the laws of 2000 to provide that the department
of agriculture and markets shall order any retail food store that fails
three consecutive inspections to cease all retail operation until it
passes inspection or suspend or revoke any license issued to such estab-
lishment pursuant to article 20-c.
JUSTIFICATION: New York passed a supermarket safety law in 2000 requir-
ing every supermarket and retail food store in the state to be inspected
at least annually and to post the date and result of its most recent
inspection. That law also mandated more frequent inspections for trou-
S T A T E O F N E W Y O R K
________________________________________________________________________
9956
I N A S S E M B L Y
February 19, 2010
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to sanc-
tions for violations of retail food store sanitary inspection
provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 4 of section 500 of the agriculture and
markets law, as amended by section 8 of part I1 of chapter 62 of the
laws of 2003, are amended to read as follows:
2. Each retail food store shall post a copy of the date and results of
its most recent sanitary inspection by the department in a conspicuous
location near each public entrance, as prescribed by the commissioner.
Such copies shall also be made available to the public upon request.
ANY RETAIL STORE THAT VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL
BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS FOR EACH DAY OF
VIOLATION.
4. The department shall inspect each retail food store at least once
in every twelve month period. Any store that fails two consecutive
inspections shall be inspected at least once in every six month period
until it has passed two consecutive inspections. In the event that a
retail food store fails three consecutive inspections, the department
[may, in its discretion,] SHALL order such establishment to cease all
retail operation until it passes inspection or suspend or revoke any
license issued to such establishment pursuant to article twenty-C of
this chapter.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately the commissioner of
agriculture and markets is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement this
act on its effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02641-01-9
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