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.
Impact
A08419 aims to improve compliance and safety standards in the food retail industry by mandating that all relevant establishments obtain a license to operate. Each store must not only apply for this license biennially but also adhere to sanitation standards as assessed through regular inspections. This bill emphasizes both preventative measures and accountability for food service operators, which can significantly impact public health by aiming to reduce foodborne illnesses through stricter oversight.
Summary
Bill A08419 seeks to amend the agriculture and markets law specifically regarding the licensing of retail food stores, food service establishments, and food warehouses in New York. The bill establishes clear definitions for relevant terms, including what constitutes a 'food service establishment' and a 'retail food store'. The objective of this legislation is to provide a structured approach to licensing and inspection, enhancing food safety standards across the state. Notably, the commissioner of agriculture and markets is empowered to grant, suspend, or revoke licenses, thereby centralizing regulatory control.
Contention
Despite its focus on safety, A08419 may face scrutiny or opposition from segments of the retail food industry. Critics could argue that the licensing fees and inspections may disproportionately burden smaller or independent businesses, thereby impacting their operational viability. Moreover, the bill grants broad powers to the commissioner for enforcement, leading to discussions about the potential for overreach or uneven application of regulations, which could stifle local businesses trying to navigate complex compliance requirements.
Same As
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.
Directs the department of agriculture and markets to establish a grading system for retail food stores, food service establishments and food warehouses.
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.
Establishes the crime of assault on a food delivery person as a class E felony; defines a food delivery person to mean a person employed by a restaurant, or put into service by a restaurant, retail food store licensed by the department of agriculture and markets, or a third party vendor, or to deliver food or other goods pursuant to an order placed by a customer.
Provides for instruction in food and agriculture in schools using a curriculum established by the commissioner of education in consultation with the commissioner of agriculture and markets.
Establishes the sanitary retail food store grant program to provide funding to retail food stores that fail inspections to correct deficiencies if such stores are unable to sustain the costs to immediately correct critical deficiencies, are located in food deserts, and would otherwise be unable to stay in operation due to their inability to meet and maintain sanitary standards.
Establishes the sanitary retail food store grant program to provide funding to retail food stores that fail inspections to correct deficiencies if such stores are unable to sustain the costs to immediately correct critical deficiencies, are located in food deserts, and would otherwise be unable to stay in operation due to their inability to meet and maintain sanitary standards.
Directs the department of agriculture and markets to increase the number of regional farmers' markets for the direct marketing of foods and produce produced in the state.
Requires the creation of a thirteen member advisory board within the department of agriculture and markets on food safety and inspection programs; establishes such board is to advise, counsel and confer with the commissioner of agriculture and markets on matters dealing with enforcement of laws and regulations regarding food safety and protection and shall make recommendations regarding any necessary statutory or regulatory changes.
Requires food products using ingredients classified as major food allergens to be labelled or branded as such; requires food sellers to provide written notice to stores for food labels containing new ingredients classified as major food allergens; requires such foods are labeled or branded as such by a food seller until such food has appropriately labeled packaging.