NY State Senate Bill 2021-S5511

Senate Bill S5511

2021-2022 Legislative Session

Relates to the creation of an advisory board within the department of agriculture and markets on food safety and inspection programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Mar 09, 2021	referred to agriculture

2021-S5511 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §26-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5387, S7837
2023-2024: S5602

2021-S5511 (ACTIVE) - Summary

Requires the creation of a thirteen member advisory board within the department of agriculture and markets on food safety and inspection programs; 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.

2021-S5511 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5511

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

To improve State regulation of food safety.

 
SUMMARY OF SPECIFIC PROVISIONS:

Creates a thirteen Member advisory board within the Department of Agri-
culture and Markets on food safety and inspection programs. Seven
members appointed by the Governor will include two academic food safety
experts, one representative each of the retail and food processing
industries and one farmer. The Speaker of the Assembly and President Pro
Tempore of the Senate will each appoint one consumer and one food indus-

try representative. The Assembly and Senate Minority Leaders would each
have one appointment. Representatives of the FDA, USDA, NYS Department
of Health and county or municipal health departments will be invited to
participate in meetings. The advisory board will advise the Commissioner
on administration and enforcement of food safety laws and regulations,
especially the adequacy of inspection and enforcement activities. The
board will also review existing and proposed laws and regulations and
report to the Legislature on the need for changes.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Adds a new section 26-b to the Agriculture and Markets Law.

 
JUSTIFICATION:

Cutbacks in State funding and staffing in the Department of Agriculture
& Markets have led to increased concerns about the ability of-the
Department's safety inspectors to-adequately monitor the nearly 30,000
food establishments in the State. There are other public concerns about
the safety and regulation of the food supply that need to be addressed
by the Department.

An expert panel composed of representatives of research institutions,
food industry representatives and consumer protection representatives
would help determine the adequacy of the Department's food safety
program and make recommendations for improvements.  In addition, this
board can purpose, to the Commissioner and Legislature, changes in law
or regulation necessary to include protection of the food supply.

 
SUMMARY OF AMENDMENTS:

Increases the advisory board to 13 members; two more appointments for
the Governor, and one appointment each for Assembly and Senate Minority
Leaders.

 
LEGISLATIVE HISTORY:

Previously introduced. 2017/18 A.3535
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
REGULATION IMPACT:

The advisory board may recommend changes in regulations.

 
EFFECTIVE DATE:
Immediately, provided that appointments are completed one hundred eighty
days after this Act becomes law.

2021-S5511 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5511
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed 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:
   § 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10117-01-1

 S. 5511                             2
 
 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.
   § 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.

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