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.
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.
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.