S T A T E   O F   N E W   Y O R K
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                                  6812

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 31, 2011
                               ___________

Introduced  by M. of A. COOK, ORTIZ, PHEFFER -- Multi-Sponsored by -- M.
  of A. BOYLAND, COLTON, DINOWITZ, GLICK,  GOTTFRIED,  GUNTHER,  HIKIND,
  HOOPER,  JACOBS, MARKEY, McENENY, NOLAN, J. RIVERA, TOWNS -- read once
  and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to creating
  an advisory board on food safety protection and inspection programs in
  the department of agriculture and markets

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The agriculture and markets law is amended by adding a new
section 26-a to read as follows:
  S 26-A. ADVISORY  BOARD  ON  DEPARTMENT  FOOD  SAFETY  PROTECTION  AND
INSPECTION  PROGRAMS.  1.  THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT
AN ADVISORY BOARD ON FOOD SAFETY PROTECTION AND INSPECTION  WHICH  SHALL
CONSIST  OF  THIRTEEN MEMBERS.   SEVEN MEMBERS SHALL BE APPOINTED BY THE
GOVERNOR, INCLUDING AT LEAST TWO REPRESENTATIVES, WITH EXPERTISE IN FOOD
SAFETY, FROM NEW YORK STATE RESEARCH UNIVERSITIES, ONE REPRESENTATIVE OF
THE RETAIL FOOD INDUSTRY, ONE REPRESENTATIVE OF THE  FOOD  MANUFACTURING
OR PROCESSING INDUSTRY, AND ONE FARMER.  THE SPEAKER OF THE ASSEMBLY AND
THE  TEMPORARY PRESIDENT OF THE SENATE SHALL EACH HAVE TWO APPOINTMENTS.
EACH SHALL APPOINT A MEMBER WHO  IS  A  CONSUMER  OR  REPRESENTATIVE  OF
CONSUMER  INTERESTS AND EACH WILL APPOINT A MEMBER REPRESENTING THE FOOD
INDUSTRY.  THE MINORITY LEADERS OF THE ASSEMBLY  AND  THE  SENATE  SHALL
EACH  HAVE ONE APPOINTMENT.  IN ADDITION, REPRESENTATIVES OF THE FOLLOW-
ING AGENCIES SHALL BE INVITED TO ATTEND AND PARTICIPATE IN ALL  MEETINGS
OF THE ADVISORY BOARD AND, AT THEIR OPTION, SHALL BE EX OFFICIO MEMBERS:
  (A) A COUNTY OR MUNICIPAL HEALTH DEPARTMENT;
  (B) THE U.S. FOOD AND DRUG ADMINISTRATION;
  (C) THE U.S. DEPARTMENT OF AGRICULTURE FOOD SAFETY INSPECTION SERVICE;
AND
  (D) THE NEW YORK STATE DEPARTMENT OF HEALTH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02487-01-1
              

A. 6812                             2

  2.  IT  SHALL  BE THE DUTY OF THE ADVISORY BOARD HEREBY ESTABLISHED TO
ADVISE, COUNSEL AND CONFER WITH THE COMMISSIONER ON MATTERS OF POLICY IN
CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT  OF  LAWS  AND  REGU-
LATIONS  RELATING TO FOOD SAFETY.  THE ADVISORY BOARD SHALL SPECIFICALLY
EXAMINE  THE  ADEQUACY  OF  FOOD SAFETY PROTECTION AND INSPECTION BY THE
DEPARTMENT AND RECOMMEND NECESSARY CHANGES IN ADMINISTRATION AND  STAFF-
ING   LEVELS  OF  FOOD  SAFETY  ENFORCEMENT  ACTIVITIES  TO  ENSURE  THE
PROTECTION OF THE PUBLIC'S HEALTH.   THE  ADVISORY  BOARD  SHALL  REVIEW
EXISTING  AND PROPOSED STATE FOOD SAFETY LAWS AND REGULATIONS AND RECOM-
MEND TO THE COMMISSIONER, AND THE ASSEMBLY AND SENATE  CHAIRMEN  OF  THE
AGRICULTURE  AND  HEALTH  COMMITTEES,  NECESSARY CHANGES OR ADDITIONS TO
LAWS, REGULATIONS AND DEPARTMENT PROGRAMS TO IMPROVE FOOD SAFETY AND THE
EFFECTIVENESS OF THE DEPARTMENT'S FOOD SAFETY INSPECTION AND ENFORCEMENT
ACTIVITIES.
  3. THE COMMISSIONER MAY DETAIL FROM TIME TO TIME TO THE ASSISTANCE  OF
THE  ADVISORY BOARD SUCH EMPLOYEES OF THE DEPARTMENT AS THE COMMISSIONER
DEEMS NECESSARY AND SHALL PROVIDE NECESSARY INFORMATION  AND  SPACE  FOR
MEETINGS  OF  THE ADVISORY BOARD.   THE ADVISORY BOARD SHALL ADOPT RULES
AND REGULATIONS TO GOVERN ITS PROCEEDINGS AND KEEP A RECORD OF ITS MEET-
INGS AND RECOMMENDATIONS.
  4. THE ADVISORY BOARD SHALL MEET AT THE CALL OF THE  COMMISSIONER  AND
AT  SUCH  OTHER TIMES AS IT MAY DEEM NECESSARY AND AT SUCH PLACES AS MAY
BE CONVENIENT.   AN INITIAL MEETING SHALL BE  HELD  WITHIN  THIRTY  DAYS
AFTER ALL APPOINTMENTS TO SUCH BOARD ARE COMPLETED.
  S  2.  This act shall take effect immediately, provided, however, that
the appointments to the advisory board on the department of  agriculture
and markets food safety protection and inspection programs authorized by
section 26-a of the agriculture and markets law, as added by section one
of  this  act,  shall  be completed within 180 days after this act shall
have become a law.