S T A T E   O F   N E W   Y O R K
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                                  4125

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A. COOK, ORTIZ -- Multi-Sponsored by -- M. of A.
  BOYLAND, COLTON, DINOWITZ, GLICK, GOTTFRIED, GUNTHER, HIKIND,  HOOPER,
  JACOBS, MARKEY, NOLAN, RIVERA -- read once and referred to the Commit-
  tee 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.
                                                           LBD06633-01-3
              

A. 4125                             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.