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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2012 print number 9128a
amend (t) and recommit to agriculture
Jan 25, 2012 referred to agriculture

A9128 - 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 - 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.

A9128 - Bill 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.

Co-Sponsors

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Multi-Sponsors

A9128A (ACTIVE) - 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) - 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.

A9128A (ACTIVE) - Bill 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.

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