S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8388
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2025
                                ___________
 
 Introduced  by Sen. HINCHEY -- (at request of the Department of Agricul-
   ture and Markets) -- 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 retail
   food store, food service establishment and food warehouse licensing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 500 of the agriculture and markets law, as amended
 by section 8 of part I1 of chapter 62 of the laws of 2003, subdivision 5
 as amended by section 9 of part V of chapter 58 of the laws of 2015,  is
 amended to read as follows:
   §  [500.  Special  powers and duties of the department with respect to
 retail food stores, food service establishments and food warehouses. 1.]
 500-A. Definitions. For the purposes  of  this  section,  the  following
 terms shall have the following meanings:
   [(a)]  1.  "Food  service establishment" means any place where food is
 prepared and intended for individual portion service, and  includes  the
 site  at  which  individual  portions  are provided, whether consumption
 occurs on or off the premises, or whether or not there is a  charge  for
 the food.
   [(b)]  2. "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. The term does not include
 establishments which handle only pre-packaged, non-potentially hazardous
 foods, roadside markets that offer only fresh fruits and  fresh  vegeta-
 bles for sale, food service establishments, or food and beverage vending
 machines.
   [(c)]  3.  "Zone"  means  an  administratively  determined  geographic
 portion of the state to which inspectors are assigned by the department.
   [(d)] 4. "Food warehouse" shall mean any food establishment  in  which
 food is held for commercial distribution.
   [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  conspicu-
 ous location near each public entrance, as prescribed by the commission-

              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09944-01-5
 S. 8388                             2

 er.    Such  copies  shall  also  be  made  available to the public upon
 request.
   3. (a) The department shall assign at least one retail food specialist
 to  each  inspection  zone.  Such  specialists  shall assist retail food
 stores in remedying chronic deficiencies and shall ensure that effective
 pest control and other sanitary measures are properly implemented.
   (b) Such specialists  shall  be  given  additional  training  to  that
 normally  provided  to  sanitary  inspectors  to  qualify them for their
 duties under this section, with  particular  emphasis  on  the  problems
 unique to retail food stores and pest control measures.
   4.  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 two consecutive inspections. In  the  event  that  a
 retail  food  store  fails three consecutive inspections, the department
 may, in its discretion, order such establishment  to  cease  all  retail
 operation  until  it  passes inspection or suspend or revoke any license
 issued to such establishment pursuant to article twenty-C of this  chap-
 ter.
   5. Licensure. No person shall maintain or operate a retail food store,
 food  service  establishment or food warehouse unless such establishment
 is licensed pursuant to the provisions of this article, provided, howev-
 er, that establishments registered, permitted or licensed by the depart-
 ment pursuant to other provisions of  this  chapter,  under  permit  and
 inspection by the state department of health or by a local health agency
 which  maintains  a  program certified and approved by the state commis-
 sioner of health, or subject to inspection by the United States  depart-
 ment  of  agriculture  pursuant  to  the  federal  meat,  poultry or egg
 inspection programs, shall be exempt from licensure under this  article.
 Application  for  licensure  of a retail food store, food service estab-
 lishment or food warehouse shall be made, upon a form prescribed by  the
 commissioner,  on  or  before December first of every other year for the
 registration period beginning January first following.  Upon  submission
 of  a completed application, together with the applicable licensing fee,
 the commissioner shall issue a license to the retail  food  store,  food
 service establishment or food warehouse described in the application for
 two  years  from  the  date  of  issuance.  The license fee shall be two
 hundred fifty dollars provided, however, that food warehouses shall  pay
 a  license  fee  of four hundred dollars.  Notwithstanding the preceding
 sentence, the commissioner shall, upon submission of a completed  appli-
 cation  for  a  new  license  by  an applicant that is a chain store, as
 defined by subdivision five of section two  hundred  fifty-one-z-two  of
 this chapter, issue such license for a period ending on the same date as
 the  licenses  of  the  other  chain  stores that are a part of the same
 network.]
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 500-b to read as follows:
   §  500-B. LICENSURE. NO PERSON SHALL MAINTAIN OR OPERATE A RETAIL FOOD
 STORE, FOOD SERVICE ESTABLISHMENT OR FOOD WAREHOUSE UNLESS  SUCH  ESTAB-
 LISHMENT  IS  LICENSED  PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE,
 PROVIDED, HOWEVER, THAT ESTABLISHMENTS REGISTERED, PERMITTED OR LICENSED
 BY THE DEPARTMENT PURSUANT TO OTHER PROVISIONS OF  THIS  CHAPTER,  UNDER
 PERMIT  AND  INSPECTION  BY THE STATE DEPARTMENT OF HEALTH OR BY A LOCAL
 HEALTH AGENCY WHICH MAINTAINS A PROGRAM CERTIFIED AND  APPROVED  BY  THE
 STATE  COMMISSIONER  OF  HEALTH,  OR SUBJECT TO INSPECTION BY THE UNITED
 STATES DEPARTMENT OF AGRICULTURE PURSUANT TO THE FEDERAL  MEAT,  POULTRY
 S. 8388                             3
 
 OR  EGG  INSPECTION  PROGRAMS, SHALL BE EXEMPT FROM LICENSURE UNDER THIS
 ARTICLE.
   1.  APPLICATION  FOR  LICENSURE  OF  A RETAIL FOOD STORE, FOOD SERVICE
 ESTABLISHMENT OR FOOD WAREHOUSE SHALL BE MADE, UPON A FORM PRESCRIBED BY
 THE COMMISSIONER, ON OR BEFORE DECEMBER FIRST OF EVERY  OTHER  YEAR  FOR
 THE REGISTRATION PERIOD BEGINNING JANUARY FIRST FOLLOWING.
   2.  UPON  SUBMISSION  OF  A  COMPLETED  APPLICATION, TOGETHER WITH THE
 APPLICABLE LICENSING FEE, THE COMMISSIONER MAY ISSUE A  LICENSE  TO  THE
 RETAIL   FOOD  STORE,  FOOD  SERVICE  ESTABLISHMENT  OR  FOOD  WAREHOUSE
 DESCRIBED IN THE APPLICATION FOR TWO YEARS FROM  THE  DATE  OF  ISSUANCE
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   3. THE LICENSE FEE SHALL BE TWO HUNDRED FIFTY DOLLARS PROVIDED, HOWEV-
 ER,  THAT  FOOD  WAREHOUSES  SHALL  PAY  A  LICENSE  FEE OF FOUR HUNDRED
 DOLLARS.
   4. NOTWITHSTANDING THE PRECEDING  SENTENCE,  THE  COMMISSIONER  SHALL,
 UPON  SUBMISSION  OF  A  COMPLETED  APPLICATION  FOR A NEW LICENSE BY AN
 APPLICANT THAT IS A CHAIN STORE,  AS  DEFINED  BY  SUBDIVISION  FIVE  OF
 SECTION  TWO HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE
 FOR A PERIOD ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER  CHAIN
 STORES THAT ARE A PART OF THE SAME NETWORK.
   §  3.  The  agriculture  and  markets  law  is amended by adding 7 new
 sections, 500-c, 500-d, 500-e, 500-f, 500-g, 500-h and 500-i to read  as
 follows:
   §  500-C.  GRANTING, SUSPENDING OR REVOKING LICENSES. THE COMMISSIONER
 MAY DECLINE TO GRANT A NEW LICENSE, MAY DECLINE TO RENEW A LICENSE,  MAY
 SUSPEND  OR REVOKE A LICENSE ALREADY GRANTED AFTER DUE NOTICE AND OPPOR-
 TUNITY FOR HEARING WHENEVER SUCH COMMISSIONER FINDS THAT:
   1. ANY STATEMENT CONTAINED IN AN APPLICATION FOR  LICENSE  IS  OR  WAS
 FALSE OR MISLEADING;
   2.  THE ESTABLISHMENT DOES NOT HAVE FACILITIES OR EQUIPMENT SUFFICIENT
 TO MAINTAIN ADEQUATE SANITATION FOR THE ACTIVITIES CONDUCTED;
   3. THE ESTABLISHMENT IS NOT MAINTAINED IN A CLEAN AND SANITARY  CONDI-
 TION OR IS NOT OPERATED IN A SANITARY OR PROPER MANNER;
   4. THE MAINTENANCE AND OPERATION OF THE ESTABLISHMENT IS SUCH THAT THE
 PRODUCT OFFERED FOR SALE OR STORED THEREIN IS OR MAY BE ADULTERATED;
   5.  THE  ESTABLISHMENT HAS FAILED OR REFUSED TO PRODUCE ANY RECORDS OR
 PROVIDE ANY INFORMATION DEMANDED BY THE COMMISSIONER REASONABLY  RELATED
 TO THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE;
   6. THE APPLICANT OR LICENSEE, OR AN OFFICER, DIRECTOR, PARTNER, HOLDER
 OF  TEN  PERCENT OF THE VOTING STOCK, OR ANY OTHER PERSON EXERCISING ANY
 POSITION OF MANAGEMENT OR CONTROL HAS FAILED TO COMPLY WITH ANY  OF  THE
 PROVISIONS OF THIS CHAPTER OR RULES AND REGULATIONS PROMULGATED PURSUANT
 THERETO; OR
   7.  ANY  PERSON  INCLUDING  THE  APPLICANT OR LICENSEE, OR AN OFFICER,
 DIRECTOR, PARTNER OR ANY STOCKHOLDER, EXERCISING ANY POSITION OF MANAGE-
 MENT OR CONTROL HAS BEEN CONVICTED OF A  FELONY  IN  ANY  COURT  OF  THE
 UNITED STATES OR ANY STATE OR TERRITORY.
   §  500-D.  REVIEW. THE ACTION OF THE COMMISSIONER IN REFUSING TO GRANT
 OR REISSUE A LICENSE, OR IN SUSPENDING OR REVOKING A LICENSE,  SHALL  BE
 SUBJECT TO REVIEW IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE
 CIVIL  PRACTICE LAW AND RULES. THE DECISION OF THE COMMISSIONER SHALL BE
 FINAL UNLESS WITHIN THIRTY DAYS FROM THE DATE OF SERVICE THEREOF ON  THE
 APPLICANT OR LICENSEE, A PROCEEDING IS INSTITUTED TO REVIEW SUCH ACTION.
   §  500-E.  POWER  OF COMMISSIONER TO INVESTIGATE. THE COMMISSIONER AND
 SUCH COMMISSIONER'S DULY AUTHORIZED REPRESENTATIVES IN  THE  PERFORMANCE
 OF  THEIR  LICENSING AND INSPECTION DUTIES UNDER THIS ARTICLE SHALL HAVE
 S. 8388                             4
 
 ACCESS TO AND MAY ENTER AT ALL REASONABLE HOURS ALL PLACES WHERE FOOD OR
 FOOD PRODUCTS ARE BEING OFFERED FOR SALE OR STORED,  OR  WHERE  FOOD  OR
 FOOD PRODUCTS ARE BEING BOUGHT, SOLD OR HANDLED FOR RETAIL OR WHOLESALE.
   § 500-F. SANITARY INSPECTIONS. 1. THE DEPARTMENT SHALL ASSIGN AT LEAST
 ONE  RETAIL  FOOD  SPECIALIST  TO EACH INSPECTION ZONE. SUCH SPECIALISTS
 SHALL ASSIST RETAIL FOOD STORES, FOOD SERVICE ESTABLISHMENTS,  AND  FOOD
 WAREHOUSES  IN  REMEDYING  CHRONIC  DEFICIENCIES  AND  SHALL ENSURE THAT
 EFFECTIVE PEST CONTROL AND OTHER SANITARY MEASURES ARE  PROPERLY  IMPLE-
 MENTED.
   2. SUCH SPECIALISTS SHALL BE GIVEN ADDITIONAL TRAINING TO THAT NORMAL-
 LY  PROVIDED  TO  SANITARY  INSPECTORS  TO QUALIFY THEM FOR THEIR DUTIES
 UNDER THIS SECTION, WITH PARTICULAR EMPHASIS ON THE PROBLEMS  UNIQUE  TO
 RETAIL FOOD STORES, FOOD SERVICE ESTABLISHMENTS, AND FOOD WAREHOUSES AND
 PEST CONTROL MEASURES.
   3.  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 TWO CONSECUTIVE INSPECTIONS.
   4. IN ADDITION TO ANY AND ALL REMEDIES PROVIDED IN  THIS  ARTICLE,  IN
 THE  EVENT THAT A RETAIL FOOD STORE FAILS THREE CONSECUTIVE INSPECTIONS,
 THE DEPARTMENT MAY, IN ITS DISCRETION, ORDER SUCH ESTABLISHMENT TO CEASE
 ALL RETAIL OR WHOLESALE OPERATION UNTIL IT PASSES INSPECTION OR  SUSPEND
 OR REVOKE ANY LICENSE ISSUED TO SUCH ESTABLISHMENT.
   5.  EACH RETAIL FOOD STORE AND FOOD SERVICE ESTABLISHMENT 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  AVAIL-
 ABLE TO THE PUBLIC UPON REQUEST.
   §  500-G.  PENALTIES. NO OPERATOR OF A RETAIL FOOD STORE, FOOD SERVICE
 ESTABLISHMENT, OR FOOD WAREHOUSE SHALL FAIL TO CONFORM TO  ANY  REQUIRE-
 MENT  OF  OR  VIOLATE  ANY PROVISION OF THIS ARTICLE OR OF THE RULES AND
 REGULATIONS PROMULGATED THEREUNDER.  EACH DAY'S OPERATION  OF  A  RETAIL
 FOOD  STORE,  A FOOD SERVICE ESTABLISHMENT OR A FOOD WAREHOUSE WITHOUT A
 LICENSE SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS ARTICLE,  PUNISHA-
 BLE  BY  THE  PENALTIES  DESCRIBED  IN ARTICLE THREE OF THIS CHAPTER, IN
 ADDITION TO THE REMEDIES PROVIDED IN THIS ARTICLE.
   § 500-H. REMEDIES. THE COMMISSIONER MAY INSTITUTE SUCH ACTION  AT  LAW
 OR  IN  EQUITY  AS  MAY  BE  NECESSARY  TO  ENFORCE  COMPLIANCE WITH ANY
 PROVISION OF THIS ARTICLE OR OF ANY RULE OR REGULATION APPLICABLE THERE-
 TO OR PROMULGATED THEREUNDER. IN ADDITION TO ANY OTHER REMEDY PRESCRIBED
 IN ARTICLE THREE OF THIS CHAPTER, OR OTHERWISE,  SUCH  COMMISSIONER  MAY
 APPLY  FOR  RELIEF  BY  INJUNCTION  WITHOUT  ALLEGING OR PROVING THAT AN
 ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION MAY BE  MADE  TO
 THE  SUPREME  COURT  IN ANY DISTRICT OR COUNTY, AS PROVIDED BY THE CIVIL
 PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN  THE  THIRD  JUDICIAL
 DISTRICT.
   §  500-I. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLI-
 CATION THEREOF TO ANY PERSON OR  CIRCUMSTANCES  IS  HELD  INVALID,  SUCH
 INVALIDITY  SHALL  NOT  AFFECT  OTHER  PROVISIONS OR APPLICATIONS OF THE
 ARTICLE WHICH CAN BE GIVEN  EFFECT  WITHOUT  THE  INVALID  PROVISION  OR
 APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE DECLARED
 TO BE SEVERABLE.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.