senate Bill S540

2011-2012 Legislative Session

Provides that the department of agriculture and markets must order a retail food store failing inspection to cease operations or suspend or revoke its license

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
Jan 05, 2011 referred to agriculture

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S540 - Bill Details

See Assembly Version of this Bill:
A4922
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §500, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S1826, A9956

S540 - Bill Texts

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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.

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BILL NUMBER:S540

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:
Provides that the department of agriculture and markets must order a
retail food store failing inspection to cease operations or suspend or
revoke its license.

SUMMARY OF 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
establishment pursuant to article 20-c.

JUSTIFICATION:
New York passed a supermarket safety law in 2000 requiring 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
troubled supermarkets and gave the state department of agriculture and
markets the power to close or revoke the license of any establishment
that fails three consecutive sanitary inspections.

Since 2000, the department has hired additional inspectors and is
inspecting supermarkets more frequently, but far too many stores are
still being allowed to fail four or more inspections before being
closed down. From January 1, 2001 to March 29, 2002, my office found
725 NYC supermarkets and food stores that failed three or more
inspections in a row, but only 38 licenses that were revoked during
the same period. I also found widespread non-compliance around New
York State with the new posting requirement, possibly due to the fact
that failure to post is currently only a general violation and,
therefore, cannot result in a failing inspection grade or any other
penalties.

LEGISLATIVE HISTORY:

2002 - A.11520 - Passed Assembly
2004 - A.4167 - Referred to Agriculture
2006 - S.3298 - Referred to Consumer Protection
2007 - S.2224 - Referred to Consumer Protection
2009 - S.1826 - Referred to Consumer Protection

FISCAL IMPLICATIONS:
None to the state.


EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that 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 on or before such date.

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

                                   540

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, DILAN, KRUEGER, PARKER, 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 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 UP TO 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 eightieth day after
it  shall  have  become a law. Effective immediately the commissioner of
agriculture and markets is authorized  to  promulgate  rules  and  regu-
lations  necessary to implement the provisions of this act on its effec-
tive date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04226-01-1

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