S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   274

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. BRAUNSTEIN, CASTRO, MONTESANO, WEPRIN, ROBERTS,
  TITONE, ROSENTHAL -- Multi-Sponsored by -- M. of A.  BOYLAND,  GIBSON,
  MARKEY -- read once and referred to the Committee on Agriculture

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 556 of the New York  city  charter  is  amended  by
adding a new subdivision f to read as follows:
  F.  JURISDICTION  OVER  RETAIL  FOOD STORES AND FARMERS' MARKETS.  (1)
EXERCISE, CONCURRENTLY WITH THE NEW YORK STATE DEPARTMENT OF AGRICULTURE
AND MARKETS, JURISDICTION TO CONDUCT INSPECTIONS OF RETAIL  FOOD  STORES
AND  FARMERS'  MARKETS WITHIN THE GEOGRAPHICAL LIMIT OF ITS JURISDICTION
TO DETERMINE COMPLIANCE WITH  ALL  PROVISIONS  OF  THE  AGRICULTURE  AND
MARKETS  LAW  AND THE REGULATIONS PROMULGATED THEREUNDER, WHICH APPLY TO
RETAIL FOOD STORES AND FARMERS'  MARKETS.  THE  RESULTS  OF  INSPECTIONS
CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL BE REFERRED TO THE NEW YORK
STATE  DEPARTMENT OF AGRICULTURE AND MARKETS FOR APPROPRIATE ENFORCEMENT
PROCEEDINGS; PROVIDED THAT IF THE NEW YORK STATE DEPARTMENT OF  AGRICUL-
TURE  AND  MARKETS  IMPOSES  ANY MONETARY PENALTY FOR A VIOLATION OF THE
AGRICULTURE AND MARKETS LAW AND THE REGULATIONS  PROMULGATED  THEREUNDER
AS  A  RESULT  OF  AN INSPECTION CONDUCTED PURSUANT TO THIS SUBDIVISION,
FIFTY PERCENT OF THE REVENUE RESULTING FROM SUCH PENALTY SHALL  BE  PAID
TO THE DEPARTMENT FOR DEPOSIT IN THE GENERAL FUND OF THE CITY; AND
  (2)  COORDINATE  AND  COOPERATE  WITH THE NEW YORK STATE DEPARTMENT OF
AGRICULTURE AND MARKETS IN ALL MATTERS RELATED TO THE DEPARTMENT'S EXER-
CISE OF JURISDICTION PURSUANT TO THIS SUBDIVISION, SO THAT  THERE  IS  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03381-01-3

A. 274                              2

CONTINUITY OF REGULATORY CONTROL AND ENFORCEMENT ACTIONS AMONG THE ENTI-
TIES.
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 47 to read as follows:
  47. EXERCISE, CONCURRENTLY WITH THE NEW YORK CITY DEPARTMENT OF HEALTH
AND MENTAL HYGIENE, JURISDICTION TO CONDUCT INSPECTIONS OF  RETAIL  FOOD
STORES AND FARMERS' MARKETS WITHIN THE CITY OF NEW YORK. THE COMMISSION-
ER  SHALL  COORDINATE AND COOPERATE WITH THE NEW YORK CITY DEPARTMENT OF
HEALTH AND MENTAL HYGIENE WITH RESPECT TO SUCH  CONCURRENT  EXERCISE  OF
JURISDICTION.  THE  COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO
EFFECTUATE SUCH CONCURRENT EXERCISE OF JURISDICTION. UPON IMPOSITION  OF
ANY MONETARY PENALTY FOR A VIOLATION OF THIS CHAPTER AND THE REGULATIONS
PROMULGATED  THEREUNDER,  WHICH  IS IMPOSED AS A RESULT OF AN INSPECTION
CONDUCTED BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL  HYGIENE,
THE COMMISSIONER SHALL CAUSE FIFTY PERCENT OF THE REVENUE RESULTING FROM
SUCH  PENALTY  TO  BE PAID TO THE NEW YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE FOR DEPOSIT IN THE GENERAL FUND OF THE CITY.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become a law and shall expire and be deemed repealed 2 years after
such effective date.