The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7585
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 10, 2021
                                ___________
 
 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.