S T A T E   O F   N E W   Y O R K
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                                   1539
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, MONTESANO, WEPRIN, TITONE, ROSENTHAL
   -- 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
 CONTINUITY OF REGULATORY CONTROL AND ENFORCEMENT ACTIONS AMONG THE ENTI-
 TIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00624-02-7

 A. 1539                             2
 
   § 2. Section 16 of the agriculture  and  markets  law  is  amended  by
 adding a new subdivision 49 to read as follows:
   49. 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.
   §  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.