Provides that the department of agriculture and markets must order a retail food store failing three consecutive sanitary inspections to cease retail operations or suspend or revoke its license until it passes inspection; also provides for a five hundred dollar fine for stores failing to post inspection reports or make copies available to the public upon request.
STATE OF NEW YORK
________________________________________________________________________
4922
2011-2012 Regular Sessions
IN ASSEMBLY
February 9, 2011
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to sanc-
tions for violations of retail food store sanitary inspection
provisions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2 and 4 of section 500 of the agriculture and
2 markets law, as amended by section 8 of part I1 of chapter 62 of the
3 laws of 2003, are amended to read as follows:
4 2. Each retail food store shall post a copy of the date and results of
5 its most recent sanitary inspection by the department in a conspicuous
6 location near each public entrance, as prescribed by the commissioner.
7 Such copies shall also be made available to the public upon request.
8 Any retail store that violates the provisions of this subdivision shall
9 be subject to a penalty of up to five hundred dollars for each day of
10 violation.
11 4. The department shall inspect each retail food store at least once
12 in every twelve month period. Any store that fails two consecutive
13 inspections shall be inspected at least once in every six month period
14 until it has passed two consecutive inspections. In the event that a
15 retail food store fails three consecutive inspections, the department
16 [may, in its discretion,] shall order such establishment to cease all
17 retail operation until it passes inspection or suspend or revoke any
18 license issued to such establishment pursuant to article twenty-C of
19 this chapter.
20 § 2. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law. Effective immediately the commissioner of
22 agriculture and markets is authorized to promulgate rules and regu-
23 lations necessary to implement the provisions of this act on its effec-
24 tive date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04226-01-1
