NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8220 REVISED MEMO 01/17/14
SPONSOR: Silver (MS) TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to certain inspections
PURPOSE OR GENERAL IDEA OF BILL:
Would require the NYS Department of Agriculture and Markets to post on
its website or another State website information about food safety and
consumer protection violations by food businesses.
SUMMARY OF SPECIFIC PROVISIONS:
Would amend the Agriculture and Markets Law to add a new section 23-a
requiring the internet posting of any violation, for the most recent
three years for which data is available, resulting from an inspection
conducted by the Department, of retail or wholesale entities involved in
handling food including, but not limited to, retail food stores, food
warehouses, food manufacturers and food processors. The information
required must include at a minimum the following:
1. the name and business address of the violator including the name of
the business and address of the premises where the violation took place
if different;
2. for a manufacturer or processor, the brand names of products
produced, manufactured, or processed at the premises where the violation
or violations occurred, provided however, if the department determines
that any products were not affected by such violations the name of such
products need not be listed;
3. the date of inspection of the premises by the department;
4. the violation or violations that occurred; and,
5. the penalty which has been imposed by the department.
JUSTIFICATION:
The Department's Division of Food Safety and Inspection has jurisdiction
over approximately 28,000 food handling establishments and conducts a
variety of activities including sanitary inspections of food manufactur-
ers, wholesale bakeries, beverage processors, warehouses, retail food
stores (supermarket to small retailers), slaughterhouses not regulated
by USDA and other food businesses. Additional activities include inves-
tigation of consumer complaints, licensing of establishments, seizure of
unfit or adulterated foods, and food labeling and advertising evalu-
ations and inspections. Enforcement includes civil penalties, license
revocations, and hearings.
In addition to the sanitary and labeling inspections, the Department
also regulates and enforces the State's Kosher food laws.
Information about violations of the State's food and consumer protection
laws, including Kosher regulation, is currently made available to the
public upon request. In addition, for certain violations, the informa-
tion that a business has failed an inspection must be posted on the
premises. Posting the inspection results on a government website, such
as the Department's or Open New York, would provide easier access to
violation information to the public, especially for food purchased when
the consumer doesn't physically visit the establishment where it was
produced or sold. This information is consistent with the goal of the
Executive Order launching Open NY to make useful government data easily
available to New Yorkers.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Sixty days.
