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.