BILL NUMBER: S8388
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to retail
food store, food service establishment and food warehouse licensing
 
PURPOSE OF THE BILL
The purpose of this bill is to provide the Department of Agriculture and
Markets (Department) with additional licensing and enforcement
provisions. The amendments would provide the Department with broader
enforcement authority to protect public health and safety from stores,
establishments, and warehouses having serious insanitary conditions that
threaten the public health and require immediate correction.
 
SUMMARY OF PROVISIONS
Section 1 of the bill amends Ag. & Mkts. Law § 500 relating to various
definitions.
Sections 2 and 3 of the bill add new sections to the Ag. & Mkts. Law
relating to licensure of retail food establishments and warehouses;
enforcement provisions, including the ability to investigate, review,
and revoke or suspend licenses; the placement of retail food specialist
to conduct sanitary inspections; and penalties and remedies that may be
imposed.
Section 4 of the bill makes it take effect on the 120th day.
 
JUSTIFICATION
Under existing law, the Agency has limited ability to take immediate
consumer-protecting actions against retail food stores, food processing
establishment, and food warehouses, and no discretion in the review of
an application for a retail food store, food processing establishment,
or food warehouse license. The proposed changes will ensure that Article
28 licenses are granted only to establishments demonstrating an ability
to operate in compliance with regulations and allow the Department to
address documented insanitary conditions and food adulteration issues
sooner than currently allowed, ensuring the ongoing health and safety of
the consumer.
 
PRIOR LEGISLATIVE HISTORY
This is a new bill.
 
FISCAL IMPLICATIONS
No known fiscal implications.
 
EFFECTIVE DATE
This act shall take effect on the one hundred twentieth day after it
shall have become a law.