Relates to retail food store, food service establishment and food warehouse licensing; defines terms; provides for licensure; authorizes the commissioner of agriculture and markets to grant, suspend or revoke licenses; authorizes civil practice law and rules article 78 proceedings to challenge the actions of such commissioner; authorizes such commissioner or such commissioner's duly authorized representatives to investigate and inspect such retail food stores or warehouses; requires the department of agriculture and markets to assign at least on retail food specialist to each inspection zone; provides for penalties and remedies; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
8419
2025-2026 Regular Sessions
IN ASSEMBLY
May 15, 2025
___________
Introduced by M. of A. CONRAD -- (at request of the Department of Agri-
culture and Markets) -- read once and referred to the Committee on
Agriculture
AN ACT to amend the agriculture and markets law, in relation to retail
food store, food service establishment and food warehouse licensing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 500 of the agriculture and markets law, as amended
2 by section 8 of part I1 of chapter 62 of the laws of 2003, subdivision 5
3 as amended by section 9 of part V of chapter 58 of the laws of 2015, is
4 amended to read as follows:
5 § [500. Special powers and duties of the department with respect to
6 retail food stores, food service establishments and food warehouses. 1.]
7 500-a. Definitions. For the purposes of this section, the following
8 terms shall have the following meanings:
9 [(a)] 1. "Food service establishment" means any place where food is
10 prepared and intended for individual portion service, and includes the
11 site at which individual portions are provided, whether consumption
12 occurs on or off the premises, or whether or not there is a charge for
13 the food.
14 [(b)] 2. "Retail food store" means any establishment or section of an
15 establishment where food and food products are offered to the consumer
16 and intended for off-premises consumption. The term does not include
17 establishments which handle only pre-packaged, non-potentially hazardous
18 foods, roadside markets that offer only fresh fruits and fresh vegeta-
19 bles for sale, food service establishments, or food and beverage vending
20 machines.
21 [(c)] 3. "Zone" means an administratively determined geographic
22 portion of the state to which inspectors are assigned by the department.
23 [(d)] 4. "Food warehouse" shall mean any food establishment in which
24 food is held for commercial distribution.
25 [2. Each retail food store shall post a copy of the date and results
26 of its most recent sanitary inspection by the department in a conspicu-
27 ous location near each public entrance, as prescribed by the commission-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09944-01-5
A. 8419 2
1 er. Such copies shall also be made available to the public upon
2 request.
3 3. (a) The department shall assign at least one retail food specialist
4 to each inspection zone. Such specialists shall assist retail food
5 stores in remedying chronic deficiencies and shall ensure that effective
6 pest control and other sanitary measures are properly implemented.
7 (b) Such specialists shall be given additional training to that
8 normally provided to sanitary inspectors to qualify them for their
9 duties under this section, with particular emphasis on the problems
10 unique to retail food stores and pest control measures.
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, order such establishment to cease all retail
17 operation until it passes inspection or suspend or revoke any license
18 issued to such establishment pursuant to article twenty-C of this chap-
19 ter.
20 5. Licensure. No person shall maintain or operate a retail food store,
21 food service establishment or food warehouse unless such establishment
22 is licensed pursuant to the provisions of this article, provided, howev-
23 er, that establishments registered, permitted or licensed by the depart-
24 ment pursuant to other provisions of this chapter, under permit and
25 inspection by the state department of health or by a local health agency
26 which maintains a program certified and approved by the state commis-
27 sioner of health, or subject to inspection by the United States depart-
28 ment of agriculture pursuant to the federal meat, poultry or egg
29 inspection programs, shall be exempt from licensure under this article.
30 Application for licensure of a retail food store, food service estab-
31 lishment or food warehouse shall be made, upon a form prescribed by the
32 commissioner, on or before December first of every other year for the
33 registration period beginning January first following. Upon submission
34 of a completed application, together with the applicable licensing fee,
35 the commissioner shall issue a license to the retail food store, food
36 service establishment or food warehouse described in the application for
37 two years from the date of issuance. The license fee shall be two
38 hundred fifty dollars provided, however, that food warehouses shall pay
39 a license fee of four hundred dollars. Notwithstanding the preceding
40 sentence, the commissioner shall, upon submission of a completed appli-
41 cation for a new license by an applicant that is a chain store, as
42 defined by subdivision five of section two hundred fifty-one-z-two of
43 this chapter, issue such license for a period ending on the same date as
44 the licenses of the other chain stores that are a part of the same
45 network.]
46 § 2. The agriculture and markets law is amended by adding a new
47 section 500-b to read as follows:
48 § 500-b. Licensure. No person shall maintain or operate a retail food
49 store, food service establishment or food warehouse unless such estab-
50 lishment is licensed pursuant to the provisions of this article,
51 provided, however, that establishments registered, permitted or licensed
52 by the department pursuant to other provisions of this chapter, under
53 permit and inspection by the state department of health or by a local
54 health agency which maintains a program certified and approved by the
55 state commissioner of health, or subject to inspection by the United
56 States department of agriculture pursuant to the federal meat, poultry
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1 or egg inspection programs, shall be exempt from licensure under this
2 article.
3 1. Application for licensure of a retail food store, food service
4 establishment or food warehouse shall be made, upon a form prescribed by
5 the commissioner, on or before December first of every other year for
6 the registration period beginning January first following.
7 2. Upon submission of a completed application, together with the
8 applicable licensing fee, the commissioner may issue a license to the
9 retail food store, food service establishment or food warehouse
10 described in the application for two years from the date of issuance
11 pursuant to the provisions of this article.
12 3. The license fee shall be two hundred fifty dollars provided, howev-
13 er, that food warehouses shall pay a license fee of four hundred
14 dollars.
15 4. Notwithstanding the preceding sentence, the commissioner shall,
16 upon submission of a completed application for a new license by an
17 applicant that is a chain store, as defined by subdivision five of
18 section two hundred fifty-one-z-two of this chapter, issue such license
19 for a period ending on the same date as the licenses of the other chain
20 stores that are a part of the same network.
21 § 3. The agriculture and markets law is amended by adding 7 new
22 sections, 500-c, 500-d, 500-e, 500-f, 500-g, 500-h and 500-i to read as
23 follows:
24 § 500-c. Granting, suspending or revoking licenses. The commissioner
25 may decline to grant a new license, may decline to renew a license, may
26 suspend or revoke a license already granted after due notice and oppor-
27 tunity for hearing whenever such commissioner finds that:
28 1. Any statement contained in an application for license is or was
29 false or misleading;
30 2. The establishment does not have facilities or equipment sufficient
31 to maintain adequate sanitation for the activities conducted;
32 3. The establishment is not maintained in a clean and sanitary condi-
33 tion or is not operated in a sanitary or proper manner;
34 4. The maintenance and operation of the establishment is such that the
35 product offered for sale or stored therein is or may be adulterated;
36 5. The establishment has failed or refused to produce any records or
37 provide any information demanded by the commissioner reasonably related
38 to the administration and enforcement of this article;
39 6. The applicant or licensee, or an officer, director, partner, holder
40 of ten percent of the voting stock, or any other person exercising any
41 position of management or control has failed to comply with any of the
42 provisions of this chapter or rules and regulations promulgated pursuant
43 thereto; or
44 7. Any person including the applicant or licensee, or an officer,
45 director, partner or any stockholder, exercising any position of manage-
46 ment or control has been convicted of a felony in any court of the
47 United States or any state or territory.
48 § 500-d. Review. The action of the commissioner in refusing to grant
49 or reissue a license, or in suspending or revoking a license, shall be
50 subject to review in the manner provided by article seventy-eight of the
51 civil practice law and rules. The decision of the commissioner shall be
52 final unless within thirty days from the date of service thereof on the
53 applicant or licensee, a proceeding is instituted to review such action.
54 § 500-e. Power of commissioner to investigate. The commissioner and
55 such commissioner's duly authorized representatives in the performance
56 of their licensing and inspection duties under this article shall have
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1 access to and may enter at all reasonable hours all places where food or
2 food products are being offered for sale or stored, or where food or
3 food products are being bought, sold or handled for retail or wholesale.
4 § 500-f. Sanitary inspections. 1. The department shall assign at least
5 one retail food specialist to each inspection zone. Such specialists
6 shall assist retail food stores, food service establishments, and food
7 warehouses in remedying chronic deficiencies and shall ensure that
8 effective pest control and other sanitary measures are properly imple-
9 mented.
10 2. Such specialists shall be given additional training to that normal-
11 ly provided to sanitary inspectors to qualify them for their duties
12 under this section, with particular emphasis on the problems unique to
13 retail food stores, food service establishments, and food warehouses and
14 pest control measures.
15 3. The department shall inspect each retail food store at least once
16 in every twelve-month period. Any store that fails two consecutive
17 inspections shall be inspected at least once in every six-month period
18 until it has passed two consecutive inspections.
19 4. In addition to any and all remedies provided in this article, in
20 the event that a retail food store fails three consecutive inspections,
21 the department may, in its discretion, order such establishment to cease
22 all retail or wholesale operation until it passes inspection or suspend
23 or revoke any license issued to such establishment.
24 5. Each retail food store and food service establishment shall post a
25 copy of the date and results of its most recent sanitary inspection by
26 the department in a conspicuous location near each public entrance, as
27 prescribed by the commissioner. Such copies shall also be made avail-
28 able to the public upon request.
29 § 500-g. Penalties. No operator of a retail food store, food service
30 establishment, or food warehouse shall fail to conform to any require-
31 ment of or violate any provision of this article or of the rules and
32 regulations promulgated thereunder. Each day's operation of a retail
33 food store, a food service establishment or a food warehouse without a
34 license shall constitute a separate violation of this article, punisha-
35 ble by the penalties described in article three of this chapter, in
36 addition to the remedies provided in this article.
37 § 500-h. Remedies. The commissioner may institute such action at law
38 or in equity as may be necessary to enforce compliance with any
39 provision of this article or of any rule or regulation applicable there-
40 to or promulgated thereunder. In addition to any other remedy prescribed
41 in article three of this chapter, or otherwise, such commissioner may
42 apply for relief by injunction without alleging or proving that an
43 adequate remedy at law does not exist. Such application may be made to
44 the supreme court in any district or county, as provided by the civil
45 practice law and rules, or to the supreme court in the third judicial
46 district.
47 § 500-i. Severability. If any provision of this article or the appli-
48 cation thereof to any person or circumstances is held invalid, such
49 invalidity shall not affect other provisions or applications of the
50 article which can be given effect without the invalid provision or
51 application, and to this end the provisions of this article are declared
52 to be severable.
53 § 4. This act shall take effect on the one hundred twentieth day after
54 it shall have become a law.
