STATE OF NEW YORK
        ________________________________________________________________________

                                          5511

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 9, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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 creating
          an advisory board on food safety protection and inspection programs in
          the department of agriculture and markets

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 26-a to read as follows:
     3    § 26-a. Advisory  board  on  department  food  safety  protection  and
     4  inspection  programs.  1.  There is hereby established in the department
     5  an advisory board on food safety protection and inspection  which  shall
     6  consist  of  thirteen members.   Seven members shall be appointed by the
     7  governor, including at least two representatives, with expertise in food
     8  safety, from New York state research universities, one representative of
     9  the retail food industry, one representative of the  food  manufacturing
    10  or processing industry, and one farmer.  The speaker of the assembly and
    11  the  temporary president of the senate shall each have two appointments.
    12  Each shall appoint a member who  is  a  consumer  or  representative  of
    13  consumer  interests and each will appoint a member representing the food
    14  industry.  The minority leaders of the assembly  and  the  senate  shall
    15  each  have one appointment.  In addition, representatives of the follow-
    16  ing agencies shall be invited to attend and participate in all  meetings
    17  of the advisory board and, at their option, shall be ex officio members:
    18    (a) a county or municipal health department;
    19    (b) the U.S. Food and Drug Administration;
    20    (c) the U.S. Department of Agriculture Food Safety Inspection Service;
    21  and
    22    (d) the New York State Department of Health.
    23    2.  It  shall  be the duty of the advisory board hereby established to
    24  advise, counsel and confer with the commissioner on matters of policy in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10117-01-1

        S. 5511                             2

     1  connection with the administration and enforcement  of  laws  and  regu-
     2  lations  relating to food safety.  The advisory board shall specifically
     3  examine the adequacy of food safety protection  and  inspection  by  the
     4  department  and recommend necessary changes in administration and staff-
     5  ing  levels  of  food  safety  enforcement  activities  to  ensure   the
     6  protection  of  the  public's  health.   The advisory board shall review
     7  existing and proposed state food safety laws and regulations and  recom-
     8  mend  to  the  commissioner, and the assembly and senate chairmen of the
     9  agriculture and health committees, necessary  changes  or  additions  to
    10  laws, regulations and department programs to improve food safety and the
    11  effectiveness of the department's food safety inspection and enforcement
    12  activities.
    13    3.  The commissioner may detail from time to time to the assistance of
    14  the advisory board such employees of the department as the  commissioner
    15  deems  necessary  and  shall provide necessary information and space for
    16  meetings of the advisory board.  The advisory board  shall  adopt  rules
    17  and regulations to govern its proceedings and keep a record of its meet-
    18  ings and recommendations.
    19    4.  The  advisory board shall meet at the call of the commissioner and
    20  at such other times as it may deem necessary and at such places  as  may
    21  be  convenient.    An  initial  meeting shall be held within thirty days
    22  after all appointments to such board are completed.
    23    § 2. This act shall take effect immediately, provided,  however,  that
    24  the  appointments to the advisory board on the department of agriculture
    25  and markets food safety protection and inspection programs authorized by
    26  section 26-a of the agriculture and markets law, as added by section one
    27  of this act, shall be completed within 180 days  after  this  act  shall
    28  have become a law.