assembly Bill A9128A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2012 print number 9128a
amend (t) and recommit to agriculture
Jan 25, 2012 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

A9128 - Bill Details

See Senate Version of this Bill:
S6101A
Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §§556, NYC Chart; amd §16, Ag & Mkts L

A9128 - Bill Texts

view 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9128

                          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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  granting concurrent jurisdiction to the city of New York
  department of health and mental hygiene over grocery stores and  farm-
  ers markets

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

  section 1. The administrative code of the city of New York is  amended
by adding a new section 17-198 to read as follows:
  S  17-198  JURISDICTION OVER GROCERY STORES AND FARMER'S MARKETS.  THE
DEPARTMENT IS AUTHORIZED TO EXERCISE ITS POWERS OVER GROCERY STORES  AND
FARMER'S  MARKETS  WITHIN  THE  GEOGRAPHICAL  LIMIT OF ITS JURISDICTION.
SUCH JURISDICTION SHALL BE EXERCISED  CONCURRENTLY  WITH  THE  NEW  YORK
STATE  DEPARTMENT  OF AGRICULTURE AND MARKETS. IN ADDITION TO THE POWERS
ENUMERATED IN THIS TITLE, THE DEPARTMENT, WITH RESPECT TO GROCERY STORES
AND FARMER'S MARKETS, SHALL EXERCISE THE FOLLOWING  POWERS  CONCURRENTLY
WITH THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS:
  A.  EXECUTE  AND CARRY INTO EFFECT THE LAWS OF THE STATE AND THE RULES
OF THE DEPARTMENT, RELATIVE TO AGRICULTURE, HORTICULTURE,  FARM,  FRUIT,
AND  DAIRY PRODUCTS, AQUACULTURE, AND THE PRODUCTION, PROCESSING, TRANS-
PORTATION, STORAGE, MARKETING AND  DISTRIBUTING  OF  FOOD;  ENFORCE  AND
CARRY  INTO  EFFECT  THE PROVISIONS OF THE LAWS OF THE STATE RELATIVE TO
HEALTH AND SAFETY.
  B.  INVESTIGATE  THE  SOURCES  OF  FOOD  SUPPLY  FOR  THE  STATE,  THE
PRODUCTION,  TRANSPORTATION, STORAGE, MARKETING AND DISTRIBUTION OF FOOD
SOLD, OFFERED FOR SALE, STORED OR HELD WITHIN THE  STATE,  THE  COST  OF
TRANSPORTATION  TO THE LEADING CENTERS OF POPULATION AND OF DISTRIBUTION
TO CONSUMERS.
  C. COLLECT AND DISSEMINATE ACCURATE DATA AND STATISTICS AS TO THE FOOD
PRODUCED, STORED OR HELD WITHIN THE STATE, THE QUANTITIES AVAILABLE FROM
TIME TO TIME AND THE LOCATION THEREOF, AND SO  FAR  AS  PRACTICABLE  AND
AVAILABLE COLLECT SUCH LIKE STATISTICS FROM WITHOUT THE STATE, AS ARE OF
VALUE TO PRODUCERS AND CONSUMERS WITHIN THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13672-01-1

A. 9128                             2

  D. INVESTIGATE DELAYS IN TRANSPORTATION, AND IN CASE FOOD IS LIKELY TO
SPOIL  FOR LACK OF READY MARKET, TAKE SUCH ACTION AS SEEMS ADVISABLE FOR
FACILITATING THE SALE THEREOF.
  E. ADVISE AND CO-OPERATE IN ESTABLISHING LOCAL MARKETS, AND WAREHOUSES
FOR  ASSEMBLING,  GRADING,  PACKING  AND  STORING FOOD OR FARM PRODUCTS,
WHENEVER IN THE  JUDGMENT  OF  THE  COMMISSIONER  THE  PUBLIC  INTERESTS
REQUIRE SUCH ESTABLISHMENT.
  F. CO-OPERATE WITH PRODUCERS IN THE CONDUCT OF EXPERIMENTS AND DISSEM-
INATE   INFORMATION  AS  TO  PRODUCING,  ASSEMBLING,  GRADING,  PACKING,
DISTRIBUTING AND SELLING FARM PRODUCTS, SO AS  TO  DEMONSTRATE  ECONOMIC
AND  EFFICIENT  METHODS,  AND TO STANDARDIZE THE GRADES OF SUCH PRODUCTS
AND DETERMINE THE COST OF SUCH PRODUCTION, ASSEMBLING, GRADING, PACKING,
DISTRIBUTION AND SALE.
  G. COLLECT AND PUBLISH  DATA  CONCERNING  THE  PURITY,  WHOLESOMENESS,
ECONOMIC  VALUE  AND  THE  NUTRITIOUS  AND  HYGIENIC  PROPERTIES OF FOOD
PRODUCED, SOLD OR AVAILABLE FOR SALE WITHIN  THE  STATE,  AND  FOR  SUCH
PURPOSE TO TAKE, EXAMINE AND ANALYZE SAMPLES OF SUCH FOOD.
  H.  INVESTIGATE  DECEPTIONS  IN  THE QUALITY, QUANTITY OR CHARACTER OF
FOODS PRODUCED, STORED, SOLD OR  OFFERED  FOR  SALE  WITHIN  THE  STATE,
INCLUDING THE ADULTERATION AND MISBRANDING THEREOF.
  I.  INSPECT  AND  DETERMINE THE GRADE OR CONDITION OF FARM PRODUCTS AT
SHIPPING POINTS AND RECEIVING CENTERS, AND PROVIDE FOR THE  ISSUANCE  OF
CERTIFICATES  OF  SUCH  INSPECTIONS AND ENTER INTO CO-OPERATIVE ARRANGE-
MENTS WITH STATE AND FEDERAL MARKETING AGENCIES FOR  JOINT  INSPECTIONS.
THE  COMMISSIONER SHALL REQUIRE AND RECEIVE THE PAYMENT OF FEES FOR SUCH
INSPECTION SERVICES IN AMOUNTS NOT EXCEEDING THE ESTIMATED COST  OF  THE
SERVICES.  THE COMMISSIONER SHALL REMIT TO THE STATE TREASURER SUCH FEES
RECEIVED MONTHLY.
  J. INSPECT AND DETERMINE THE GRADE  OR  CONDITION  OF  FARM  PRODUCTS,
ISSUE  CERTIFICATES  OF  SUCH  INSPECTIONS  AND  PROVIDE QUALITY CONTROL
SERVICES FOR GROWERS, CANNERS, PROCESSORS, PACKERS,  SHIPPERS,  SELLERS,
BUYERS, RETAILERS AND RECEIVERS UPON REQUEST THEREFOR; ENTER INTO  COOP-
ERATIVE  ARRANGEMENTS  WITH  STATE  AND  FEDERAL AGENCIES, OR PERSONS OR
ORGANIZATIONS AUTHORIZED BY A FEDERAL AGENCY TO  CONDUCT  FARM  PRODUCTS
INSPECTIONS, FOR JOINT INSPECTIONS; ENTER INTO CONTRACTS WITH APPLICANTS
FOR SUCH INSPECTIONS AND SERVICES, WHICH CONTRACTS SHALL REQUIRE PAYMENT
BY  APPLICANTS  OF  THE  FULL COSTS OF THE SERVICES PROVIDED. ALL MONEYS
RECEIVED BY THE COMMISSIONER PURSUANT TO SUCH CONTRACTS SHALL BE  DEPOS-
ITED  IN  AN  ACCOUNT  WITHIN THE MISCELLANEOUS SPECIAL REVENUE FUND AND
SHALL BE USED TO DEFRAY THE EXPENSES  INCIDENTAL  TO  CARRYING  OUT  THE
POWERS  AND DUTIES AUTHORIZED BY THIS SUBDIVISION. THE STATE'S FINANCIAL
CONTRIBUTION TO THE PEST CONTROL COMPACT ADOPTED PURSUANT TO SECTION ONE
HUNDRED FORTY-NINE OF THE AGRICULTURE AND MARKETS LAW MAY BE PAID OUT OF
THE PORTION OF SAID MONEYS RECEIVED BY THE COMMISSIONER  FOR  PHYTOSANI-
TARY  INSPECTIONS. ALL MONEYS SHALL BE PAID OUT OF SUCH FUND ON VOUCHERS
APPROVED BY THE COMMISSIONER, AFTER AUDIT BY THE COMPTROLLER.
  K. SEIZE, DESTROY OR DENATURE SO THAT IT CANNOT THEREAFTER BE USED FOR
FOOD, ANY UNWHOLESOME FOOD OR FOOD PRODUCTS SOLD OR EXPOSED FOR SALE  ON
THE  MARKETS  OF  THIS STATE, OR ANY FOOD OR FOOD PRODUCTS CONSISTING IN
WHOLE OR IN PART OF ANY FILTHY, DECOMPOSED OR PUTRID ANIMAL OR VEGETABLE
SUBSTANCE, OR ANY PORTION OF AN ANIMAL UNFIT FOR FOOD, WHETHER  MANUFAC-
TURED  OR  NOT, OR IF IT IS THE PRODUCT OF A DISEASED ANIMAL OR ONE THAT
HAS DIED OTHERWISE  THAN  BY  SLAUGHTER.  PROVIDED,  HOWEVER,  THAT  THE
COMMISSIONER  OF  AGRICULTURE  AND MARKETS AFTER SEIZURE AND BEFORE SUCH
DESTRUCTION, SHALL GIVE THE OWNER, PROPRIETOR OR CUSTODIAN OF SUCH  FOOD
TEN  DAYS  NOTICE IN WRITING, TO BE SERVED EITHER PERSONALLY OR BY MAIL,

A. 9128                             3

OF A HEARING FOR THE SAID OWNER, PROPRIETOR OR CUSTODIAN TO  SHOW  CAUSE
WHY SUCH FOOD SHOULD NOT BE DESTROYED.
  L.  INVESTIGATE,  INSPECT AND SUPERVISE THE SALE AND EXPOSURE FOR SALE
OF MEAT AND MEAT PREPARATIONS AND ENFORCE THE PROVISIONS OF SECTIONS TWO
HUNDRED ONE-A, TWO HUNDRED ONE-B AND TWO HUNDRED ONE-C OF  THE  AGRICUL-
TURE  AND  MARKETS  LAW  RELATING  THERETO, DESIGNATE AN EMPLOYEE OF THE
DEPARTMENT AS "DIRECTOR OF KOSHER LAW  ENFORCEMENT"  AND  TO  MAKE  SUCH
RULES   AND   REGULATIONS  IMPOSING  SUCH  ADDITIONAL  REQUIREMENTS  AND
RESTRICTIONS UPON SUCH SALE AND EXPOSURE  FOR  SALE  AS  MAY  BE  DEEMED
NECESSARY  IN CONNECTION WITH OR IN AID OF THE PROPER ADMINISTRATION AND
ENFORCEMENT OF SUCH PROVISIONS AND OF ANY OTHER APPLICABLE LAWS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

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A9128A (ACTIVE) - Bill Details

See Senate Version of this Bill:
S6101A
Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §§556, NYC Chart; amd §16, Ag & Mkts L

A9128A (ACTIVE) - Bill Texts

view 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.

view full text
download pdf
                    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.

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