Bill Text: NY S06101 | 2011-2012 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-24 - PRINT NUMBER 6101A [S06101 Detail]

Download: New_York-2011-S06101-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6101--A
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Cities  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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:
    1    Section 1. Section 556 of the New York  city  charter  is  amended  by
    2  adding a new subdivision f to read as follows:
    3    F.  JURISDICTION  OVER  RETAIL  FOOD STORES AND FARMERS' MARKETS.  (1)
    4  EXERCISE, CONCURRENTLY WITH THE NEW YORK STATE DEPARTMENT OF AGRICULTURE
    5  AND MARKETS, JURISDICTION TO CONDUCT INSPECTIONS OF RETAIL  FOOD  STORES
    6  AND  FARMERS'  MARKETS WITHIN THE GEOGRAPHICAL LIMIT OF ITS JURISDICTION
    7  TO DETERMINE COMPLIANCE WITH  ALL  PROVISIONS  OF  THE  AGRICULTURE  AND
    8  MARKETS  LAW  AND THE REGULATIONS PROMULGATED THEREUNDER, WHICH APPLY TO
    9  RETAIL FOOD STORES AND FARMERS'  MARKETS.  THE  RESULTS  OF  INSPECTIONS
   10  CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL BE REFERRED TO THE NEW YORK
   11  STATE  DEPARTMENT OF AGRICULTURE AND MARKETS FOR APPROPRIATE ENFORCEMENT
   12  PROCEEDINGS; PROVIDED THAT IF THE NEW YORK STATE DEPARTMENT OF  AGRICUL-
   13  TURE  AND  MARKETS  IMPOSES  ANY MONETARY PENALTY FOR A VIOLATION OF THE
   14  AGRICULTURE AND MARKETS LAW AND THE REGULATIONS  PROMULGATED  THEREUNDER
   15  AS  A  RESULT  OF  AN INSPECTION CONDUCTED PURSUANT TO THIS SUBDIVISION,
   16  FIFTY PERCENT OF THE REVENUE RESULTING FROM SUCH PENALTY SHALL  BE  PAID
   17  TO THE DEPARTMENT FOR DEPOSIT IN THE GENERAL FUND OF THE CITY; AND
   18    (2)  COORDINATE  AND  COOPERATE  WITH THE NEW YORK STATE DEPARTMENT OF
   19  AGRICULTURE AND MARKETS IN ALL MATTERS RELATED TO THE DEPARTMENT'S EXER-
   20  CISE OF JURISDICTION PURSUANT TO THIS SUBDIVISION, SO THAT  THERE  IS  A
   21  CONTINUITY OF REGULATORY CONTROL AND ENFORCEMENT ACTIONS AMONG THE ENTI-
   22  TIES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13672-04-2
       S. 6101--A                          2
    1    S  2.  Section  16  of  the  agriculture and markets law is amended by
    2  adding a new subdivision 47 to read as follows:
    3    47. EXERCISE, CONCURRENTLY WITH THE NEW YORK CITY DEPARTMENT OF HEALTH
    4  AND  MENTAL  HYGIENE, JURISDICTION TO CONDUCT INSPECTIONS OF RETAIL FOOD
    5  STORES AND FARMERS' MARKETS WITHIN THE CITY OF NEW YORK. THE COMMISSION-
    6  ER SHALL COORDINATE AND COOPERATE WITH THE NEW YORK CITY  DEPARTMENT  OF
    7  HEALTH  AND  MENTAL  HYGIENE WITH RESPECT TO SUCH CONCURRENT EXERCISE OF
    8  JURISDICTION. THE COMMISSIONER MAY PROMULGATE RULES AND  REGULATIONS  TO
    9  EFFECTUATE  SUCH CONCURRENT EXERCISE OF JURISDICTION. UPON IMPOSITION OF
   10  ANY MONETARY PENALTY FOR A VIOLATION OF THIS CHAPTER AND THE REGULATIONS
   11  PROMULGATED THEREUNDER, WHICH IS IMPOSED AS A RESULT  OF  AN  INSPECTION
   12  CONDUCTED  BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE,
   13  THE COMMISSIONER SHALL CAUSE FIFTY PERCENT OF THE REVENUE RESULTING FROM
   14  SUCH PENALTY TO BE PAID TO THE NEW YORK CITY DEPARTMENT  OF  HEALTH  AND
   15  MENTAL HYGIENE FOR DEPOSIT IN THE GENERAL FUND OF THE CITY.
   16    S  3.  This  act shall take effect on the ninetieth day after it shall
   17  have become a law and shall expire and be deemed repealed 2 years  after
   18  such effective date.