Assembly Bill A1339A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1339--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M. of A. SIMON, DAVILA, TAYLOR, GIBBS, COOK -- read once
   and referred to the Committee on Agriculture -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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, IN COOPERATION WITH THE
 EMPIRE STATE DEVELOPMENT CORPORATION,  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) "POTENTIALLY HAZARDOUS FOODS" MEANS ANY FOODS THAT CAN SUPPORT THE
 RAPID GROWTH OF DISEASE-CAUSING BACTERIA, INCLUDING BUT NOT  LIMITED  TO
 THE  FOLLOWING: MEAT, POULTRY, SEAFOOD, EGGS, PRE-SLICED OR COOKED VEGE-
 TABLES, DAIRY, SLICED FRUIT AND COOKED RICE;
   (B) "CRITICAL DEFICIENCIES" MEANS FACTORS THAT ARE LEADING  CAUSES  OF
 FOODBORNE ILLNESSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02814-03-5
 A. 1339--A                          2
              

 
   (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 HANDLING POTENTIAL-
 LY HAZARDOUS FOODS;
   (III) INADEQUATE EMPLOYEE HANDWASHING FACILITIES;
   (IV) LACK OF PROPER EQUIPMENT FOR  CLEANING  AND  SANITIZING  SURFACES
 WHERE ANY POTENTIALLY HAZARDOUS FOODS ARE PREPARED, STORED AND SOLD; AND
   (V)  POTENTIALLY  HAZARDOUS  FOODS THAT ARE NOT STORED AT SAFE TEMPER-
 ATURES.
   (C) "FOOD DESERT" SHALL HAVE THE SAME MEANING AS SECTION  TWO  HUNDRED
 SIXTY OF THIS CHAPTER.
   3. SANITARY RETAIL FOOD STORE GRANT PROGRAM. SUBJECT TO APPROPRIATION,
 THE  COMMISSIONER,  IN  CONJUNCTION  WITH THE COMMISSIONER OF THE EMPIRE
 STATE DEVELOPMENT CORPORATION, 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  FOOD ACCESS TO 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
 A. 1339--A                          3
 
 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
 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.