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History
- Print number 900a
- Amend and recommit to cities
- Referred to cities
- Referred to cities
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the New York city charter and the agriculture and markets law, in relation to granting concurrent jurisdiction to the city of New York department of health and mental hygiene to conduct inspections of retail food stores and farmers' markets; and providing for the repeal of such provisions upon expiration thereof
Summary of provisions
Section 1 of the bill amends Section 556 of the New York city charter by adding a new subdivision f granting the city of New York department of health and mental hygiene concurrent jurisdiction with the New York state department of agriculture and markets to conduct inspection of retail food stores and farmers' markets within geographical limits of its jurisdiction to determine compliance with all provisions of the agriculture and markets law and the regulations that apply to retail food stores and farmers' markets. This section also states that the results of such inspections will be forwarded to the New York state department of agriculture and markets for appropriate enforcement proceedings. In addition, if the state imposes any monetary penalty for violations as a result of inspections by the city, fifty percent of the revenue resulting from the penalty shall be paid to the city to be deposited in the general fund of the city.
Section 2 of the bill amends Section 16 of the agriculture and markets law by adding a new subdivision 49 granting city of New York department of health and mental hygiene concurrent jurisdiction with the New York state department of agriculture and markets to conduct inspection of retail food stores and farmers' markets. The section states that the Commissioner of the state department of agriculture and markets may promulgate rules and regulations to effectuate the exercise of concurrent jurisdiction. This section also states that the results of such inspections will be forwarded to the New York state department of agriculture and markets for appropriate enforcement proceedings. In addition, if the state imposes any monetary penalty for violations as a result of inspections by the city, fifty percent of the revenue resulting from the penalty shall be paid to the city to be deposited in the general fund of the city.
Read the full memo (787 words)
Section 3 provides for this act to take effect on the ninetieth day after it shall have become a law; and shall expire and be deemed repealed two years after such date.
Justification
Currently the New York State Department of Agriculture and Markets has sole jurisdiction over retail food stores (as defined in Section 500 of the agriculture and markets law) and farmer's markets (as defined by Sections 260.1 and 282.4 of the agriculture and markets law) throughout the state.
According to the New York State Department of Agriculture and Markets there are slightly less than 100 "food inspectors" that are responsible for all sanitary food inspection duties at retail food stores, farmers' markets, as well as food processing facilities throughout the state. Furthermore, these state inspectors are not available for inspections during the nighttime hours. Unfortunately, this presents significant challenges to the State's ability to adequately enforce its food safety laws.
Although the New York City Department of Health and Mental Hygiene has jurisdiction over "food service establishments" (as defined in Section 16-452 d. of the administrative code) which are places where the primary business is providing food for individual portion service directly to the consumer, whether or not consumption is on or off the premises, the city has no jurisdiction over establishments that fall outside that definition including retail food stores as defined by state law.
In an effort to ease some of the difficulties in addressing dangerous conditions that may arise in the thousands of retail food stores and the dozens of farmers' markets within the city of New York, this bill seeks only to grant concurrent jurisdiction to the New York City Department of Health and Mental Hygiene for the purpose of conducting inspections of retail food stores and farmers' markets to determine compliance with all provisions of the state's agriculture and markets law and the state regulations that apply to retail food stores and farmers' markets.
While additional funding for the Department of Agriculture and Markets is certainly warranted to hire additional food inspectors, this legislation is also necessary to ease the burden upon the state and ensure that retail food resources are being protected for New York City residents.
Prior legislative history
2013-14: S.449/A274 (Braunstein) 2011-12: S.6101/A.9128-A (Braunstein)
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the ninetieth day after it shall have become law; and shall expire and be deemed repealed two years after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.