S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5387
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 creating
   an advisory board on food safety protection and inspection programs in
   the department of agriculture and markets

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 26-a to read as follows:
   § 26-A. ADVISORY  BOARD  ON  DEPARTMENT  FOOD  SAFETY  PROTECTION  AND
 INSPECTION  PROGRAMS.  1.  THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT
 AN ADVISORY BOARD ON FOOD SAFETY PROTECTION AND INSPECTION  WHICH  SHALL
 CONSIST  OF  THIRTEEN MEMBERS.   SEVEN MEMBERS SHALL BE APPOINTED BY THE
 GOVERNOR, INCLUDING AT LEAST TWO REPRESENTATIVES, WITH EXPERTISE IN FOOD
 SAFETY, FROM NEW YORK STATE RESEARCH UNIVERSITIES, ONE REPRESENTATIVE OF
 THE RETAIL FOOD INDUSTRY, ONE REPRESENTATIVE OF THE  FOOD  MANUFACTURING
 OR PROCESSING INDUSTRY, AND ONE FARMER.  THE SPEAKER OF THE ASSEMBLY AND
 THE  TEMPORARY PRESIDENT OF THE SENATE SHALL EACH HAVE TWO APPOINTMENTS.
 EACH SHALL APPOINT A MEMBER WHO  IS  A  CONSUMER  OR  REPRESENTATIVE  OF
 CONSUMER  INTERESTS AND EACH WILL APPOINT A MEMBER REPRESENTING THE FOOD
 INDUSTRY.  THE MINORITY LEADERS OF THE ASSEMBLY  AND  THE  SENATE  SHALL
 EACH  HAVE ONE APPOINTMENT.  IN ADDITION, REPRESENTATIVES OF THE FOLLOW-
 ING AGENCIES SHALL BE INVITED TO ATTEND AND PARTICIPATE IN ALL  MEETINGS
 OF THE ADVISORY BOARD AND, AT THEIR OPTION, SHALL BE EX OFFICIO MEMBERS:
   (A) A COUNTY OR MUNICIPAL HEALTH DEPARTMENT;
   (B) THE U.S. FOOD AND DRUG ADMINISTRATION;
   (C) THE U.S. DEPARTMENT OF AGRICULTURE FOOD SAFETY INSPECTION SERVICE;
 AND
   (D) THE NEW YORK STATE DEPARTMENT OF HEALTH.
   2.  IT  SHALL  BE THE DUTY OF THE ADVISORY BOARD HEREBY ESTABLISHED TO
 ADVISE, COUNSEL AND CONFER WITH THE COMMISSIONER ON MATTERS OF POLICY IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08028-01-9

 S. 5387                             2
 
 CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT  OF  LAWS  AND  REGU-
 LATIONS  RELATING TO FOOD SAFETY.  THE ADVISORY BOARD SHALL SPECIFICALLY
 EXAMINE THE ADEQUACY OF FOOD SAFETY PROTECTION  AND  INSPECTION  BY  THE
 DEPARTMENT  AND RECOMMEND NECESSARY CHANGES IN ADMINISTRATION AND STAFF-
 ING  LEVELS  OF  FOOD  SAFETY  ENFORCEMENT  ACTIVITIES  TO  ENSURE   THE
 PROTECTION  OF  THE  PUBLIC'S  HEALTH.   THE ADVISORY BOARD SHALL REVIEW
 EXISTING AND PROPOSED STATE FOOD SAFETY LAWS AND REGULATIONS AND  RECOM-
 MEND  TO  THE  COMMISSIONER, AND THE ASSEMBLY AND SENATE CHAIRMEN OF THE
 AGRICULTURE AND HEALTH COMMITTEES, NECESSARY  CHANGES  OR  ADDITIONS  TO
 LAWS, REGULATIONS AND DEPARTMENT PROGRAMS TO IMPROVE FOOD SAFETY AND THE
 EFFECTIVENESS OF THE DEPARTMENT'S FOOD SAFETY INSPECTION AND ENFORCEMENT
 ACTIVITIES.
   3.  THE COMMISSIONER MAY DETAIL FROM TIME TO TIME TO THE ASSISTANCE OF
 THE ADVISORY BOARD SUCH EMPLOYEES OF THE DEPARTMENT AS THE  COMMISSIONER
 DEEMS  NECESSARY  AND  SHALL PROVIDE NECESSARY INFORMATION AND SPACE FOR
 MEETINGS OF THE ADVISORY BOARD.  THE ADVISORY BOARD  SHALL  ADOPT  RULES
 AND REGULATIONS TO GOVERN ITS PROCEEDINGS AND KEEP A RECORD OF ITS MEET-
 INGS AND RECOMMENDATIONS.
   4.  THE  ADVISORY BOARD SHALL MEET AT THE CALL OF THE COMMISSIONER AND
 AT SUCH OTHER TIMES AS IT MAY DEEM NECESSARY AND AT SUCH PLACES  AS  MAY
 BE  CONVENIENT.    AN  INITIAL  MEETING SHALL BE HELD WITHIN THIRTY DAYS
 AFTER ALL APPOINTMENTS TO SUCH BOARD ARE COMPLETED.
   § 2. This act shall take effect immediately, provided,  however,  that
 the  appointments to the advisory board on the department of agriculture
 and markets food safety protection and inspection programs authorized by
 section 26-a of the agriculture and markets law, as added by section one
 of this act, shall be completed within 180 days  after  this  act  shall
 have become a law.