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
The bill is expected to significantly impact state laws concerning food safety and sanitation by increasing the regulatory oversight of food establishments. It mandates regular inspections, outlines penalties for non-compliance, and requires food establishments to be licensed to operate legally. Furthermore, it requires that inspection results be made publicly accessible, promoting transparency and accountability within the food industry. Additionally, the legislation directs the assignment of retail food specialists to inspection zones to assist establishments in maintaining compliance with food safety standards, thus fostering a cooperative approach to food safety management.
Summary
Bill S08388, introduced by Senator Hinchey at the request of the Department of Agriculture and Markets, aims to enhance the regulation and licensing of retail food stores, food service establishments, and food warehouses in the state of New York. The bill proposes amendments to the agriculture and markets law, introducing defined terms related to these establishments and establishing a more robust framework for licensing. Specifically, it authorizes the commissioner of agriculture and markets to grant, suspend, or revoke licenses and provides for civil judicial review processes for challenged decisions. This legislation is designed to ensure better food safety and quality standards across the state's food distribution and service systems.
Contention
Notable points of contention surrounding S08388 include the potential burden it may place on small food businesses due to licensing fees and compliance costs. Opponents argue that while ensuring food safety is critical, the additional regulatory measures may unintentionally stifle small businesses that lack the resources to meet new compliance mandates. Supporters, however, contend that enhanced sanitary practices and food safety regulations are essential for public health and consumer protection. The debate likely hinges on balancing consumer safety with the viability of small food establishments in the market.
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.