Bill S449-2013

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 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

  • Jan 8, 2014: REFERRED TO CITIES
  • Jan 9, 2013: REFERRED TO CITIES

Memo

BILL NUMBER:S449

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 47 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.

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:

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 449 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus