Senate Bill S1890

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

                                  1890

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sens.  KLEIN,  DILAN, ONORATO, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture

AN  ACT to amend the agriculture and markets law, in relation to requir-
  ing the registration of food warehouses

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

  Section  1.  Declaration  of policy and purpose. The legislature finds
there is a need to assure food security by requiring the registration of
food establishments located within the state and requiring the operators
of such establishments to take preventative  measures  to  minimize  the
risk  of food under their control being subjected to tampering or crimi-
nal or terrorist actions.
  S 2. The article heading  of  article  20-C  of  the  agriculture  and
markets  law, as added by chapter 863 of the laws of 1972, is amended to
read as follows:
               LICENSING AND REGISTRATION OF FOOD PROCESSING
                       AND STORAGE ESTABLISHMENTS
  S 3. Section 251-z-2 of the agriculture and markets law is amended  by
adding two new subdivisions 5 and 6 to read as follows:
  5.  THE  TERM "FOOD ESTABLISHMENT" SHALL MEAN ANY FACILITY WITHIN THIS
STATE IN WHICH FOOD IS STORED,  PACKED,  LABELED  OR  RELABELED,  TRANS-
PORTED, SOLD, OFFERED OR EXPOSED FOR SALE, OR SERVED.
  6.  THE  TERM  "FOOD  WAREHOUSE"  SHALL MEAN ANY FOOD ESTABLISHMENT IN
WHICH FOOD IS HELD FOR COMMERCIAL DISTRIBUTION.
  S 4. The agriculture and markets  law  is  amended  by  adding  a  new
section 251-z-3-a to read as follows:
  S  251-Z-3-A.  REGISTRATION.  1. NO PERSON SHALL MAINTAIN OR OPERATE A
FOOD ESTABLISHMENT UNLESS SUCH ESTABLISHMENT IS REGISTERED  PURSUANT  TO
THE  PROVISIONS  OF THIS SECTION, PROVIDED, HOWEVER, THAT ESTABLISHMENTS
REGISTERED, PERMITTED OR LICENSED BY THE DEPARTMENT  PURSUANT  TO  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02640-01-9
              

S. 1890                             2

PROVISIONS  OF  THIS  CHAPTER,  UNDER PERMIT AND INSPECTION BY THE STATE
DEPARTMENT OF HEALTH OR BY A  LOCAL  HEALTH  AGENCY  WHICH  MAINTAINS  A
PROGRAM  CERTIFIED  AND APPROVED BY THE STATE COMMISSIONER OF HEALTH, OR
SUBJECT  TO  INSPECTION  BY  THE UNITED STATES DEPARTMENT OF AGRICULTURE
PURSUANT TO THE FEDERAL MEAT, POULTRY OR EGG INSPECTION PROGRAMS,  SHALL
BE  EXEMPT  FROM REGISTRATION UNDER THIS ARTICLE. APPLICATION FOR REGIS-
TRATION OF A FOOD ESTABLISHMENT SHALL BE MADE, UPON A FORM PRESCRIBED BY
THE COMMISSIONER ON OR BEFORE DECEMBER FIRST OF EVERY OTHER YEAR FOR THE
REGISTRATION PERIOD BEGINNING THE FIRST  OF  JANUARY  OF  THE  FOLLOWING
YEAR.  UPON  SUBMISSION  OF  A  COMPLETED  APPLICATION, TOGETHER WITH AN
APPLICABLE REGISTRATION FEE, THE COMMISSIONER SHALL  REGISTER  THE  FOOD
ESTABLISHMENT DESCRIBED IN THE APPLICATION FOR TWO YEARS FROM THE APPLI-
CABLE  REGISTRATION  COMMENCEMENT PERIOD SET FORTH IN THIS SECTION.  THE
REGISTRATION FEE FOR FOOD WAREHOUSES SHALL BE TWO HUNDRED DOLLARS.   THE
COMMISSIONER SHALL PRORATE THE REGISTRATION FEE FOR ANY PERSON REGISTER-
ING AFTER THE COMMENCEMENT OF THE REGISTRATION PERIOD.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER IS HEREBY AUTHORIZED AND  DIRECTED  TO  DEPOSIT  ALL  MONEY
RECEIVED PURSUANT TO THIS SECTION IN AN ACCOUNT WITHIN THE MISCELLANEOUS
SPECIAL REVENUE FUND.
  S  5.  Section 251-z-4 of the agriculture and markets law, as added by
chapter 863 of the laws of 1972, is amended to read as follows:
  S 251-z-4. Exemptions. In addition  to  the  exemptions  specified  in
subdivision  three  of  section  two  hundred  fifty-one-z-two  OF  THIS
ARTICLE, the  commissioner  may,  if  he  OR  SHE  determines  that  the
protection of the consumers of the state as a whole will not be impaired
by  such  action,  provide by regulation for exemption from licensing of
small food processing establishments AND SMALL FOOD ESTABLISHMENTS  when
he  OR SHE finds that such exemptions would avoid unnecessary regulation
and assist in the administration of this article without  impairing  its
purposes.  Regulations  defining  such  exemptions may classify exempted
establishments with respect to the volume and types of food handled, the
types of processing involved, THE TYPES OF FOOD STORED, or with  respect
to  any  other  factor  or  combination  thereof which bear a reasonable
relation to the purposes of this article. Such exemptions may be  condi-
tioned  upon  requirements  relating  to  sanitation, record keeping and
reporting as the commissioner may require.
  S 6. Section 251-z-13 of the agriculture and markets  law,  as  renum-
bered by chapter 665 of the laws of 2005, is renumbered section 251-z-14
and a new section 251-z-13 is added to read as follows:
  S 251-Z-13. FOOD ESTABLISHMENT PREVENTATIVE MEASURES. EACH OPERATOR OF
A  FOOD  ESTABLISHMENT  SHALL  TAKE  SUCH  PREVENTATIVE  MEASURES AS THE
COMMISSIONER MAY REQUIRE, PURSUANT TO PROMULGATED RULES AND REGULATIONS,
TO MINIMIZE THE  RISK  OF  FOOD  UNDER  SUCH  OPERATOR'S  CONTROL  BEING
SUBJECTED TO TAMPERING OR CRIMINAL OR TERRORIST ACTIONS.
  S 7. Section 251-z-9 of the agriculture and markets law, as amended by
chapter 665 of the laws of 2005, is amended to read as follows:
  S 251-z-9. Rules  and  regulations. The commissioner is hereby author-
ized, after public hearing, to adopt, amend, promulgate and issue  rules
and  regulations,  including, but not limited to regulations prescribing
good manufacturing  practices,  GOOD  STORAGE  PRACTICES  and  requiring
records  relating  to  processing  OR STORAGE data and food distribution
patterns, ESTABLISHING PREVENTATIVE MEASURES TO  MINIMIZE  THE  RISK  OF
FOOD BEING SUBJECTED TO TAMPERING OR CRIMINAL OR TERRORIST ACTIONS, food
safety  education  programs and requirements, and such other regulations
as he or she may deem necessary to supplement and give  full  force  and

S. 1890                             3

effect to the provisions of this article. A proposal to adopt applicable
federal regulations pursuant to the federal food, drug and cosmetic act,
relating to commercially processed OR STORED foods for human consumption
may be adopted without public hearing.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such effective date.