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A05227 Summary:

BILL NOA05227
 
SAME ASNo Same As
 
SPONSORWilliams
 
COSPNSRAlvarez, Dickens, Sayegh
 
MLTSPNSR
 
Amd §500, Ag & Mkts L
 
Requires the department of agriculture and markets to post the results of its graded inspections of retail food stores on their website and provide information as to where a customer may file a consumer report.
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A05227 Actions:

BILL NOA05227
 
03/07/2023referred to agriculture
03/28/2023enacting clause stricken
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A05227 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5227
 
SPONSOR: Williams
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to requir- ing the department of agriculture and markets to post the results of its graded inspections on their website   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to include bodegas and delicatessens under the definition of "food service establishments."   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Paragraph (b) of subdivision 1 and subdivision 2 of section 500 of the agriculture and markets law, as amended by section 8 of part 11 of chapter 62 of the laws of 2003, are amended and a new subdivision 6 is added to read as follows: (b) "Retail food store" means any estab- lishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption, including, but not limited to, a supermarket, grocery store, convenience store, bodega or delicatessen. The term does not include establishments which handle only pre-packaged, non-potentially hazardous food, roadside markets that offer only fresh fruits and fresh vegetables for sale, food service establishments, or food and beverage vending machines. For the purposes of this section, "bodega" shall mean a small grocery or conven- ience store and "delicatessen" shall mean a store selling cold cuts, cheeses, and a variety of salads, as well as a selection of unusual or foreign prepared foods.   JUSTIFICATION: This legislation is intended to uphold local bodegas and delicatessens to the same health standards as restaurants across the State of New York. Ensuring that the conditions of bodegas and delicatessens are up to par in regards to food handling, food temperature, personal hygiene and vermin control is important in sustaining the quality of life for New Yorkers. Ag & Markets needs to provide information on its website where a customer can file a consumer report. Ag & markets needs to provide a general consumer contact information on the grading report that is provided to each bodega and delicatessens. Customers should be able to have an idea about the upkeep of these stores then make an educated decision as to whether or not they want to purchase food from them. Doing so will not only challenge the bodegas to maintain a grade A, but they will follow the sanitary guidelines. Customers should not have to figure out where a store posts its grading report, rather it should be on full display. The bodega owners must place the signage in a conspicuous location. facing the bodega entrance, clearly visible to customers. Doing so allows for uniformity, and transparency between bodegas, delicatessens, and restaurants.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A05227 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5227
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2023
                                       ___________
 
        Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
          tee on Agriculture
 
        AN  ACT to amend the agriculture and markets law, in relation to requir-
          ing the department of agriculture and markets to post the  results  of
          its graded inspections on their website

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 1 and subdivision 2 of section
     2  500 of the agriculture and markets law, as amended by section 8 of  part
     3  I1  of chapter 62 of the laws of 2003, are amended and a new subdivision
     4  6 is added to read as follows:
     5    (b) "Retail food store" means  any  establishment  or  section  of  an
     6  establishment  where  food and food products are offered to the consumer
     7  and intended for off-premises consumption, including,  but  not  limited
     8  to,  a  supermarket, grocery store, convenience store, bodega or delica-
     9  tessen. The term does not include establishments which handle only  pre-
    10  packaged,  non-potentially  hazardous foods, roadside markets that offer
    11  only fresh fruits and fresh vegetables for sale, food service establish-
    12  ments, or food and beverage vending machines.  For the purposes of  this
    13  section,  "bodega"  shall  mean a small grocery or convenience store and
    14  "delicatessen" shall mean a store selling  cold  cuts,  cheeses,  and  a
    15  variety of salads, as well as a selection of unusual or foreign prepared
    16  foods.
    17    2. Each retail food store shall post a copy of the date and results of
    18  its  most  recent sanitary inspection by the department in a conspicuous
    19  location near each public entrance, as prescribed by  the  commissioner.
    20  Such  copies shall also be made available to the public upon request and
    21  placed on the department's website. Any retail food store that fails  to
    22  post  such  results shall be fined by the department one hundred dollars
    23  for each day of violation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08680-01-3

        A. 5227                             2
 
     1    6. The department shall post the results of its graded inspections  on
     2  their  website, including the retail food store's name, address, date of
     3  inspection, grade and a list of any  violations  cited  within  fourteen
     4  days  of  a  graded  inspection.  The  department shall provide on their
     5  website  information  as to where a customer may file a consumer report.
     6  If a consumer report is filed with the  department  regarding  a  retail
     7  food  store,  such  consumer  report  and  contact  information shall be
     8  included on the graded inspection report provided to  such  retail  food
     9  store.
    10    § 2. This act shall take effect immediately.
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