Bill A9128A-2011

Grants concurrent jurisdiction to the city of New York department of health and mental hygiene over grocery stores and farmers markets

Grants concurrent jurisdiction to the department of agriculture and markets and the city of New York department of health and mental hygiene over grocery stores and farmers' markets.

Details

Actions

  • Mar 1, 2012: print number 9128a
  • Mar 1, 2012: amend (t) and recommit to agriculture
  • Jan 25, 2012: referred to agriculture

Text

STATE OF NEW YORK ________________________________________________________________________ 9128--A IN ASSEMBLY January 25, 2012 ___________
Introduced by M. of A. BRAUNSTEIN -- 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 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 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.

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