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- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that the department of agriculture and markets must order a retail food store failing inspection to cease operations or suspend or revoke its license
In Assembly Committee · Agriculture · Sponsor Michael Benedetto
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S540
Title of bill
An act to amend the agriculture and markets law, in relation to sanctions for violations of retail food store sanitary inspection provisions
Purpose
Provides that the department of agriculture and markets must order a retail food store failing inspection to cease operations or suspend or revoke its license.
Summary of provisions
Amends subdivision 2 of section 500 of the agriculture and markets law, as added by chapter 278 of the laws of 2000 to provide that any retail food store failing to post the date and results of its most recent sanitary inspection shall be subject to a penalty of five hundred dollars for each day of violation. Also amends subdivision 4 of section 500 of the agriculture and markets law, as added by chapter 278 of the laws of 2000 to provide that the department of agriculture and markets shall order any retail food store that fails three consecutive inspections to cease all retail operation until it passes inspection or suspend or revoke any license issued to such establishment pursuant to article 20-c.
Justification
New York passed a supermarket safety law in 2000 requiring every supermarket and retail food store in the state to be inspected at least annually and to post the date and result of its most recent inspection. That law also mandated more frequent inspections for troubled supermarkets and gave the state department of agriculture and markets the power to close or revoke the license of any establishment that fails three consecutive sanitary inspections.
Since 2000, the department has hired additional inspectors and is inspecting supermarkets more frequently, but far too many stores are still being allowed to fail four or more inspections before being closed down. From January 1, 2001 to March 29, 2002, my office found 725 NYC supermarkets and food stores that failed three or more inspections in a row, but only 38 licenses that were revoked during the same period. I also found widespread non-compliance around New York State with the new posting requirement, possibly due to the fact that failure to post is currently only a general violation and, therefore, cannot result in a failing inspection grade or any other penalties.
Legislative history
2002 - A.11520 - Passed Assembly 2004 - A.4167 - Referred to Agriculture 2006 - S.3298 - Referred to Consumer Protection 2007 - S.2224 - Referred to Consumer Protection 2009 - S.1826 - Referred to Consumer Protection
Fiscal implications
None to the state.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the commissioner of agriculture and markets is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
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