S T A T E O F N E W Y O R K
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7585
2021-2022 Regular Sessions
I N S E N A T E
December 10, 2021
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Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the sanitary retail food store grant program
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 501 to read as follows:
§ 501. SANITARY RETAIL FOOD STORE GRANT PROGRAM. 1. LEGISLATIVE
INTENT. THE LEGISLATURE HEREBY FINDS, DETERMINES, AND DECLARES THAT
RETAIL FOOD STORES LOCATED IN NEW YORK SHOULD MAINTAIN PROPER SANITARY
CONDITIONS TO ENSURE THE HEALTH AND SAFETY OF ALL PATRONS. PRESERVING
STORES THAT ARE UNABLE TO MEET PROPER SANITARY CONDITIONS, AND ARE
LOCATED IN AREAS WHERE LOW-INCOME PEOPLE HAVE LIMITED ACCESS TO AFFORDA-
BLE AND NUTRITIOUS FOOD, IS IN THE BEST INTEREST OF THOSE COMMUNITIES
AND THE STATE. THE LEGISLATURE HEREBY DECLARES THAT IN ORDER TO ENSURE
THE HEALTH AND SAFETY OF ITS CITIZENS, AND PRESERVE RETAIL FOOD STORES
LOCATED IN FOOD DESERTS, THE DEPARTMENT SHALL CREATE A SANITARY RETAIL
FOOD STORE GRANT PROGRAM.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CRITICAL DEFICIENCIES" MEANS FACTORS THAT ARE LEADING CAUSES OF
FOODBORNE ILLNESSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(I) INSECT, RODENT, BIRD, OR VERMIN ACTIVITY LIKELY TO RESULT IN PROD-
UCT CONTAMINATION;
(II) CONTACT SURFACES ARE UNCLEAN OR NOT PROPERLY SANITIZED, SUCH AS
FOOD CONTACT EQUIPMENT, UTENSILS, OR CONVEYANCES FOR POTENTIALLY HAZARD-
OUS FOODS;
(III) EMPLOYEE HANDWASHING FACILITIES INADEQUATE FOR ESTABLISHMENTS
HANDLING EXPOSED FOODS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13099-03-1
S. 7585 2
(IV) EQUIPMENT CLEANING OR SANITIZING FACILITIES INADEQUATE FOR ESTAB-
LISHMENTS HANDLING POTENTIALLY HAZARDOUS FOODS; AND
(V) POTENTIALLY HAZARDOUS FOODS ARE NOT STORED AT SAFE TEMPERATURES.
(B) "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE
AND NUTRITIOUS FOOD, PARTICULARLY SUCH AN AREA THAT IS COMPOSED OF
PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES.
3. SANITARY RETAIL FOOD STORE GRANT PROGRAM. SUBJECT TO THE AVAILABIL-
ITY OF FUNDS, THE COMMISSIONER SHALL ESTABLISH A SANITARY RETAIL FOOD
STORE GRANT PROGRAM TO ENSURE THAT RETAIL FOOD STORES THAT ARE UNABLE TO
SUSTAIN THE COSTS TO IMMEDIATELY CORRECT CRITICAL DEFICIENCIES, ARE
LOCATED IN FOOD DESERTS, AND WOULD OTHERWISE BE UNABLE TO STAY IN OPERA-
TION DUE TO THEIR INABILITY TO MEET AND MAINTAIN SANITARY STANDARDS, MAY
BE AWARDED FUNDS TO CORRECT SUCH CRITICAL DEFICIENCIES TO ENSURE COMMU-
NITIES WITH LIMITED FOOD SOURCES ARE HELD HARMLESS AND HAVE ACCESS TO
RETAIL FOOD STORES WITH PROPER SANITARY CONDITIONS.
4. ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE SANITARY RETAIL FOOD STORE
GRANT PROGRAM FUNDING, RETAIL FOOD STORES SHALL MEET THE FOLLOWING
CRITERIA:
(A) FOUND TO HAVE CRITICAL DEFICIENCIES THAT WERE NOT OR COULD NOT BE
CORRECTED AT THE TIME OF INSPECTION CREATING A NEED FOR IMMEDIATE
CORRECTIVE ACTION OR FAILS FOR TWO CONSECUTIVE INSPECTIONS;
(B) LOCATED IN A FOOD DESERT WHEREBY CLOSING THE RETAIL FOOD STORE
WOULD HAVE A SUBSTANTIAL IMPACT ON THE COMMUNITY IT SERVES;
(C) THE RETAIL FOOD STORE IS ABLE TO ESTABLISH THAT IT DOES NOT HAVE
ADEQUATE FUNDING OR RESOURCES TO CORRECT THE CRITICAL DEFICIENCIES, NOR
WOULD IT BE ABLE TO ATTAIN SUCH FUNDING WITHIN A REASONABLE AMOUNT OF
TIME TO PREVENT A NEGATIVE IMPACT TO THE COMMUNITY;
(D) THE RETAIL FOOD STORE IS ABLE TO ESTABLISH THAT IT IS UNABLE TO
ATTAIN CREDIT OR LOAN FOR ALL OR PART OF THE COSTS NEEDED TO CORRECT THE
CRITICAL DEFICIENCIES; AND
(E) THE RETAIL FOOD STORE SUPPLIES THE COMMUNITY WITH AFFORDABLE AND
NUTRITIOUS FOOD, SUCH AS FRESH PRODUCE, CANNED GOODS, AND REFRIGERATED
FOODS.
5. GRANTS. THE COMMISSIONER SHALL MAKE GRANTS TO RETAIL FOOD STORES
LOCATED IN FOOD DESERTS AND MEET ALL ELIGIBILITY CRITERIA THAT SUBMIT A
PLAN TO CORRECT THE CRITICAL DEFICIENCIES AND MAINTAIN PROPER SANITATION
FOR AT LEAST FIVE YEARS. THE GRANT SHALL BE BASED ON THE SCOPE AND
NATURE OF THE RESOURCES ASSOCIATED WITH CORRECTING THE CRITICAL DEFI-
CIENCIES AND THE LONG-TERM MAINTENANCE OF THE CORRECTION OF CRITICAL
DEFICIENCIES. GRANTS SHALL BE APPROVED AND RELEASED EVERY SIX MONTHS IN
ORDER TO PROVIDE RETAIL FOOD STORES WITH CERTAINTY ON WHEN THEY WILL BE
ABLE TO ATTAIN FUNDING AND RESOURCES TO CORRECT THE CRITICAL DEFICIEN-
CIES AND FAILED INSPECTIONS.
§ 2. Subdivision 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, is
amended to read as follows:
4. (A) 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] NO CRITICAL DEFICIENCIES WERE FOUND OR CRITICAL
DEFICIENCIES WERE FOUND BUT REMEDIED AT THE TIME OF THE INSPECTION FOR
two consecutive inspections. In the event that a retail food store WAS
FOUND TO HAVE CRITICAL DEFICIENCIES THAT WERE NOT OR COULD NOT BE
CORRECTED CREATING A NEED FOR IMMEDIATE CORRECTIVE ACTION OR fails FOR
three consecutive inspections, the department [may, in its discretion,]
SHALL order such establishment to cease all retail operation until it
S. 7585 3
passes inspection or suspend or revoke any license issued to such estab-
lishment pursuant to article twenty-C of this chapter. HOWEVER, THE
DEPARTMENT MAY, IN ITS DISCRETION ALLOW SUCH ESTABLISHMENTS TO MAINTAIN
OPERATION EVEN IF THEY WOULD OTHERWISE NEED TO CEASE OPERATION IF THEY
ARE ABLE TO ESTABLISH THAT THEY QUALIFIED FOR THE SANITARY RETAIL FOOD
STORE GRANT PROGRAM, DESCRIBED IN SECTION FIVE HUNDRED ONE OF THIS ARTI-
CLE, AND WOULD OTHERWISE BE ABLE TO REMEDY THEIR CRITICAL DEFICIENCIES
BUT WERE NOT AWARDED A GRANT IN THAT CALENDAR YEAR DUE TO EXHAUSTION OF
FUNDS FOR THE GRANT PROGRAM.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "CRITICAL DEFICIENCIES"
MEANS THE SAME AS SUCH TERM IS DEFINED IN SECTION FIVE HUNDRED ONE OF
THIS ARTICLE.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
