S T A T E O F N E W Y O R K
________________________________________________________________________
5227
2023-2024 Regular Sessions
I N A S S E M B L Y
March 7, 2023
___________
Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing the department of agriculture and markets to post the results of
its graded inspections on their website
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 and subdivision 2 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, are amended and a new subdivision
6 is added to read as follows:
(b) "Retail food store" means any establishment or section of an
establishment where food and food products are offered to the consumer
and intended for off-premises consumption, INCLUDING, BUT NOT LIMITED
TO, A SUPERMARKET, GROCERY STORE, CONVENIENCE STORE, BODEGA OR DELICA-
TESSEN. The term does not include establishments which handle only pre-
packaged, non-potentially hazardous foods, roadside markets that offer
only fresh fruits and fresh vegetables for sale, food service establish-
ments, or food and beverage vending machines. FOR THE PURPOSES OF THIS
SECTION, "BODEGA" SHALL MEAN A SMALL GROCERY OR CONVENIENCE STORE AND
"DELICATESSEN" SHALL MEAN A STORE SELLING COLD CUTS, CHEESES, AND A
VARIETY OF SALADS, AS WELL AS A SELECTION OF UNUSUAL OR FOREIGN PREPARED
FOODS.
2. Each retail food store shall post a copy of the date and results of
its most recent sanitary inspection by the department in a conspicuous
location near each public entrance, as prescribed by the commissioner.
Such copies shall also be made available to the public upon request AND
PLACED ON THE DEPARTMENT'S WEBSITE. ANY RETAIL FOOD STORE THAT FAILS TO
POST SUCH RESULTS SHALL BE FINED BY THE DEPARTMENT ONE HUNDRED DOLLARS
FOR EACH DAY OF VIOLATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08680-01-3
A. 5227 2
6. THE DEPARTMENT SHALL POST THE RESULTS OF ITS GRADED INSPECTIONS ON
THEIR WEBSITE, INCLUDING THE RETAIL FOOD STORE'S NAME, ADDRESS, DATE OF
INSPECTION, GRADE AND A LIST OF ANY VIOLATIONS CITED WITHIN FOURTEEN
DAYS OF A GRADED INSPECTION. THE DEPARTMENT SHALL PROVIDE ON THEIR
WEBSITE INFORMATION AS TO WHERE A CUSTOMER MAY FILE A CONSUMER REPORT.
IF A CONSUMER REPORT IS FILED WITH THE DEPARTMENT REGARDING A RETAIL
FOOD STORE, SUCH CONSUMER REPORT AND CONTACT INFORMATION SHALL BE
INCLUDED ON THE GRADED INSPECTION REPORT PROVIDED TO SUCH RETAIL FOOD
STORE.
§ 2. This act shall take effect immediately.