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

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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.