§ 38-a. Costs and expenses relating to extraordinary sanitary
reinspection services. 1. (a) The total costs and expenses, in excess of
ordinary costs and expenses, incurred by the department in connection
with the administration and or enforcement of any provision of this
chapter or of any other law the administration and or enforcement of
which is within the jurisdiction of the department or any order, rule or
regulation relating to sanitary conditions and practices and the
protection of the public from the sale of adulterated food administered
and or enforced by the division of food inspection services shall be
charged to and paid by every establishment requiring extraordinary
sanitary reinspection services or other necessary action by the
department to correct deficiencies.

(b) "Ordinary costs and expenses" shall mean costs and expenses
incurred by the department, in the administration of the provisions of
law, orders, rules or regulations enumerated in paragraph (a) of this
subdivision, provided the establishments covered thereby have been
determined to be in compliance therewith without the need for
extraordinary sanitary reinspection services or any other necessary
action by the department to bring about compliance therewith.

(c) "Extraordinary sanitary reinspection services" shall mean those
services which occur subsequent to an inspection, a reinspection, an
educational session for an establishment relating to sanitation or the
opportunity to attend such educational session in the event of an
establishment's failure or refusal to attend, notice of a compliance
inspection and a determination at the compliance inspection that an
establishment is in violation of any law, order, rule or regulation
enumerated in paragraph (a) of this subdivision.

2. Costs and expenses that shall be assessed for extraordinary
sanitary reinspection services or other necessary action shall include
the cost of direct and indirect personal service including but not
limited to the cost of salaries and wages, monetary and non-monetary
fringe benefits, retirement contributions made and workmen's
compensation premiums paid by the state for or on behalf of personnel,
the cost of necessary traveling, meals and lodging, the cost of rentals
for space occupied in state-owned or state-leased buildings, the cost of
maintenance and operation and the cost of all other actual, direct and
indirect costs apportioned to the specific division, bureau or other
unit and program involved excluding, however, ordinary expenses.

3. Costs and expenses as specified in subdivision two of this section
shall be presented to the establishment requiring extraordinary sanitary
reinspection services or other necessary action in the form of a copy of
an itemized bill therefor as certified by the commissioner, deputy
commissioner, or duly authorized employee of the department. Upon
receipt of such bill, the establishment shall have the duty to pay and
shall pay forthwith such charges to the commissioner.

4. On written demand made within thirty days of the rendition of any
bill, the party so charged shall be afforded an opportunity to be heard
as to liability hereunder and the amount thereof. Any amounts of such
bills not paid within thirty days from the date of determination upon
such hearing, or, if none shall be demanded, on the date upon which such
payment is due, shall bear interest at a rate of interest prescribed by
section five thousand four of the civil practice law and rules.

5. A right of action for the recovery of such costs and expenses as
specified in subdivision two of this section may be released, settled or
compromised by the department either before or after an action is
brought to recover such expenses. The commissioner may in his
discretion for good cause shown waive the collection of such expenses or
any part thereof.

6. All moneys collected or recovered as costs and expenses as
specified in this section shall be the property of the state and paid
into the state treasury.

7. The commissioner may promulgate, after public hearing, rules and
regulations necessary to supplement and give full effect to this
section.