S T A T E O F N E W Y O R K
________________________________________________________________________
274
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. BRAUNSTEIN, CASTRO, MONTESANO, WEPRIN, ROBERTS,
TITONE, ROSENTHAL -- Multi-Sponsored by -- M. of A. BOYLAND, GIBSON,
MARKEY -- read once and referred to the Committee on Agriculture
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03381-01-3
A. 274 2
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:
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.