S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5227
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
   tee on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to requir-
   ing the department of agriculture and markets to post the  results  of
   its graded inspections on their website

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1 and subdivision 2 of section
 500 of the agriculture and markets law, as amended by section 8 of  part
 I1  of chapter 62 of the laws of 2003, are amended and a new subdivision
 6 is added to read as follows:
   (b) "Retail food store" means  any  establishment  or  section  of  an
 establishment  where  food and food products are offered to the consumer
 and intended for off-premises consumption, INCLUDING,  BUT  NOT  LIMITED
 TO,  A  SUPERMARKET, GROCERY STORE, CONVENIENCE STORE, BODEGA OR DELICA-
 TESSEN. The term does not include establishments which handle only  pre-
 packaged,  non-potentially  hazardous foods, roadside markets that offer
 only fresh fruits and fresh vegetables for sale, food service establish-
 ments, or food and beverage vending machines.  FOR THE PURPOSES OF  THIS
 SECTION,  "BODEGA"  SHALL  MEAN A SMALL GROCERY OR CONVENIENCE STORE AND
 "DELICATESSEN" SHALL MEAN A STORE SELLING  COLD  CUTS,  CHEESES,  AND  A
 VARIETY OF SALADS, AS WELL AS A SELECTION OF UNUSUAL OR FOREIGN PREPARED
 FOODS.
   2. Each retail food store shall post a copy of the date and results of
 its  most  recent sanitary inspection by the department in a conspicuous
 location near each public entrance, as prescribed by  the  commissioner.
 Such  copies shall also be made available to the public upon request AND
 PLACED ON THE DEPARTMENT'S WEBSITE. ANY RETAIL FOOD STORE THAT FAILS  TO
 POST  SUCH  RESULTS SHALL BE FINED BY THE DEPARTMENT ONE HUNDRED DOLLARS
 FOR EACH DAY OF VIOLATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08680-01-3
 A. 5227                             2
              

 
   6. THE DEPARTMENT SHALL POST THE RESULTS OF ITS GRADED INSPECTIONS  ON
 THEIR  WEBSITE, INCLUDING THE RETAIL FOOD STORE'S NAME, ADDRESS, DATE OF
 INSPECTION, GRADE AND A LIST OF ANY  VIOLATIONS  CITED  WITHIN  FOURTEEN
 DAYS  OF  A  GRADED  INSPECTION.  THE  DEPARTMENT SHALL PROVIDE ON THEIR
 WEBSITE  INFORMATION  AS TO WHERE A CUSTOMER MAY FILE A CONSUMER REPORT.
 IF A CONSUMER REPORT IS FILED WITH THE  DEPARTMENT  REGARDING  A  RETAIL
 FOOD  STORE,  SUCH  CONSUMER  REPORT  AND  CONTACT  INFORMATION SHALL BE
 INCLUDED ON THE GRADED INSPECTION REPORT PROVIDED TO  SUCH  RETAIL  FOOD
 STORE.
   § 2. This act shall take effect immediately.