senate Bill S449

2013-2014 Legislative Session

Grants concurrent jurisdiction to the city of New York department of health and mental hygiene over grocery stores and farmers markets

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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 08, 2014 referred to cities
Jan 09, 2013 referred to cities

S449 - Bill Details

See Assembly Version of this Bill:
A274
Current Committee:
Senate Cities
Law Section:
New York City Charter
Laws Affected:
Amd §556, NYC Chart; amd §16, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
A9128, S6101A, A9128A

S449 - Bill Texts

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Grants concurrent jurisdiction to department of agriculture and markets and the city of New York department of health and mental hygiene over grocery stores and farmers' markets.

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BILL NUMBER:S449

TITLE OF BILL:

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

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 556 of the New York city charter
by adding a new subdivision f granting the city of New York
department of health and mental hygiene concurrent jurisdiction with
the New York state department of agriculture and markets to conduct
inspection of retail food stores and farmers' markets within
geographical limits of its jurisdiction to determine compliance with
all provisions of the agriculture and markets law and the regulations
that apply to retail food stores and farmers' markets. This section
also states that the results of such inspections will be forwarded to
the New York state department of agriculture and markets for
appropriate enforcement proceedings. In addition, if the state
imposes any monetary penalty for violations as a result of
inspections by the city, fifty percent of the revenue resulting from
the penalty shall be paid to the city to be deposited in the general
fund of the city.

Section 2 of the bill amends Section 16 of the agriculture and markets
law by adding a new subdivision 47 granting city of New York
department of health and mental hygiene concurrent jurisdiction with
the New York state department of agriculture and markets to conduct
inspection of retail food stores and farmers' markets. The section
states that the Commissioner of the state department of agriculture
and markets may promulgate rules and regulations to effectuate the
exercise of concurrent jurisdiction. This section also states that
the results of such inspections will be forwarded to the New York
state department of agriculture and markets for appropriate
enforcement proceedings. In addition, if the state imposes any
monetary penalty for violations as a result of inspections by the
city, fifty percent of the revenue resulting from the penalty shall
be paid to the city to be deposited in the general fund of the city.

Section 3 provides for this act to take effect on the ninetieth day
after it shall have become a law; and shall expire and be deemed
repealed two years after such date.

JUSTIFICATION:

Currently the New York State Department of Agriculture and Markets has
sole jurisdiction over retail food stores (as defined in Section 500
of the agriculture and markets law) and farmer's markets (as defined
by Sections 260.1 and 282.4 of the agriculture and markets law)
throughout the state.


According to the New York State Department of Agriculture and Markets
there are slightly less than 100 "food inspectors" that are
responsible for all sanitary food inspection duties at retail food
stores, farmers' markets, as well as food processing facilities
throughout the state. Furthermore, these state inspectors are not
available for inspections during the nighttime hours. Unfortunately,
this presents significant challenges to the State's ability to
adequately enforce its food safety laws.

Although the New York City Department of Health and Mental Hygiene has
jurisdiction over "food service establishments" (as defined in
Section 16-452 d. of the administrative code) which are places where
the
primary business is providing food for individual portion service
directly to the consumer, whether or not consumption is on or off the
premises, the city has no jurisdiction over establishments that fall
outside that definition including retail food stores as defined by
state law.

In an effort to ease some of the difficulties in addressing dangerous
conditions that may arise in the thousands of retail food stores and
the dozens of farmers' markets within the city of New York, this
bill seeks only to grant concurrent jurisdiction to the New York City
Department of Health and Mental Hygiene for the purpose of conducting
inspections of retail food stores and farmers' markets to determine
compliance with all provisions of the state's agriculture and markets
law and the state regulations that apply to retail food stores and
farmers' markets.

While additional funding for the Department of Agriculture and Markets
is certainly warranted to hire additional food inspectors, this
legislation is also necessary to ease the burden upon the state and
ensure that retail food resources are being protected for New York
City residents.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.6101/A.9128-A (Braunstein)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law; and shall expire and be deemed repealed two years after
such date.

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

                                   449

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

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

S. 449                              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.

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