Bill Text: NY S00848 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGRICULTURE [S00848 Detail]

Download: New_York-2015-S00848-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          848
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sens.  KLEIN,  DILAN,  PARKER, SAMPSON -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Agriculture
       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:
    1    Section 1. Subdivisions 2 and 4 of section 500 of the agriculture  and
    2  markets  law,  as  amended  by section 8 of part II of chapter 62 of the
    3  laws of 2003, are amended to read as follows:
    4    2. Each retail food store shall post a copy of the date and results of
    5  its most recent sanitary inspection by the department in  a  conspicuous
    6  location  near  each public entrance, as prescribed by the commissioner.
    7  Such copies shall also be made available to  the  public  upon  request.
    8  ANY  RETAIL STORE THAT VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL
    9  BE SUBJECT TO A PENALTY OF UP TO FIVE HUNDRED DOLLARS FOR  EACH  DAY  OF
   10  VIOLATION.
   11    4.  The  department shall inspect each retail food store at least once
   12  in every twelve month period.  Any  store  that  fails  two  consecutive
   13  inspections  shall  be inspected at least once in every six month period
   14  until it has passed two consecutive inspections. In  the  event  that  a
   15  retail  food  store  fails three consecutive inspections, the department
   16  [may, in its discretion,] SHALL order such establishment  to  cease  all
   17  retail  operation  until  it  passes inspection or suspend or revoke any
   18  license issued to such establishment pursuant  to  article  twenty-C  of
   19  this chapter.
   20    S 2. This act shall take effect on the one hundred eightieth day after
   21  it  shall  have  become a law. Effective immediately the commissioner of
   22  agriculture and markets is authorized  to  promulgate  rules  and  regu-
   23  lations  necessary to implement the provisions of this act on its effec-
   24  tive date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03820-02-5