Bill S2258-2013

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

Provides that the department of agriculture and markets must order a retail food store failing three consecutive sanitary inspections to cease retail operations or suspend or revoke its license until it passes inspection; also provides for a five hundred dollar fine for stores failing to post inspection reports or make copies available to the public upon request.

Details

Actions

  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Jan 15, 2013: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S2258

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, after failing three consecutive inspections, to cease operations or suspend or revoke its license.

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 500 of the agriculture and markets law, 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, it amends subdivision 4 of section 500 of the agriculture and markets law, 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. 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 2011 - S. 540 - 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2258 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sens. KLEIN, DILAN, KRUEGER, PARKER, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the agriculture and markets law, in relation to sanc- tions for violations of retail food store sanitary inspection provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 4 of section 500 of the agriculture and markets law, as amended by section 8 of part I1 of chapter 62 of the laws of 2003, are amended to read as follows: 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 conspicuous location near each public entrance, as prescribed by the commissioner. Such copies shall also be made available to the public upon request. ANY RETAIL STORE THAT VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO A PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR EACH DAY OF VIOLATION. 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,] SHALL 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 chapter. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the commissioner of agriculture and markets is authorized to promulgate rules and regu- lations necessary to implement the provisions of this act on its effec- tive date.

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