Bill Text: NY A04922 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A04922 Detail]

Download: New_York-2011-A04922-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4922
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S 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