BILL NUMBER: S4041
SPONSOR: PERSAUD
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing the sanitary retail food store grant program
 
SUMMARY OF PROVISIONS:
Section 1. Amends the agriculture and markets law by adding section 501
which provides "Sanitary retail food store grant program" to retail food
stores that meet the following criteria: (a) found to have critical
deficiencies that were not or could not be corrected at the time of
inspection creating a need for immediate corrective action or failures
for two consecutive inspections; (b) located in a food desert whereby
closing the retail food store would have a substantial impact on the
community it serves;(c) the retail food store is able to establish that
it does not have adequate funding or resources to correct the critical
deficiencies, nor would it be able to attain such funding within a
reasonable amount time to prevent a negative impact to the community;(d)
the retail food store is able to establish that it is unable to attain
credit or loan for all or part of the costs needed to correct the crit-
ical deficiencies; and (e) the retail food store supplies the community
with affordable and nutritious food, such as fresh produce, canned
goods, and refrigerated foods.
Section 2. Subdivision 4 of section 500 of the agriculture and markets
law, as amended by section 8 part II of chapter 62 of the laws of 2003,
is amended by adding (a) that the department shall inspect each retail
food store at least once in every twelve month period. Any store that
fails two consecutive inspections shall be inspected at least once every
six-month period until it has passed for another two consecutive
inspections. Should a store be on the brink of closure due to failed
inspections, the department may, in its discretion, allow such estab-
lishments to maintain operation if they are able to establish that they
qualified for the sanitary retail food store grant programs. (b) adds
the definition of "critical deficiencies."
Section 3. Establishes the effective date.
 
JUSTIFICATION:
This legislation provides sanitary retail food store grants to retail
food stores such as bodegas and delicatessens that can demonstrate they
are in food insecurity areas, not turning a high profit, and being the
only food store in the community. This grant, through Empire State
Development and the Department of Agriculture and Markets, would expand
access to fresh food in areas with food insecurity and incentivize
stores to maintain grade A. As defined by Agriculture and Markets Law -
AGM § 500. (b) "Retail food store" means any establishment or section of
an establishment where food and food products are offered to the consum-
er and intended for off-premises consumption. The term does not include
establishments, which handle only prepackaged, non-potentially hazardous
foods, roadside markets that offer only fresh fruits and fresh vegeta-
bles for sale, food service establishments, or food and beverage vending
machines.
 
LEGISLATIVE HISTORY:
2023/2024: S2461 referred to agriculture; committed to finance
2021/2022: S7587 referred to rules; referred to agriculture
 
FISCAL IMPACT ON THE STATE:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S4041: 500 agriculture and markets law, 500(4) agriculture and markets law