NY Agric & Mkts L § 500 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 28 - Special Powers and Duties of the Department With Respect to Retail Food Stores, Food Service Establishments and Food Warehouses 500 - Special Powers and Duties of the Department With Respect to Retail Food Stores, Food Service Establishments and Food Warehouses.

§  500.  Special  powers  and duties of the department with respect to retail food stores, food service establishments and food warehouses.  1. Definitions. For the purposes of this section, the following terms shall have the following meanings:  (a)  "Food  service  establishment"  means  any  place  where  food is prepared and intended for individual portion service, and  includes  the site  at  which  individual  portions  are provided, whether consumption occurs on or off the premises, or whether or not there is a  charge  for the food.  (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. 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 establishments, or food and beverage vending machines.  (c) "Zone" means an administratively determined geographic portion  of the state to which inspectors are assigned by the department.  (d)  "Food  warehouse" shall mean any food establishment in which food is held for commercial distribution.   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.   3. (a) The department shall assign at least one retail food specialist to each inspection zone.  Such  specialists  shall  assist  retail  food stores in remedying chronic deficiencies and shall ensure that effective pest control and other sanitary measures are properly implemented.  (b)  Such  specialists  shall  be  given  additional  training to that normally provided to sanitary  inspectors  to  qualify  them  for  their duties  under  this  section,  with  particular emphasis on the problems unique to retail food stores and pest control measures.   4. The department shall inspect each retail food store at  least  once in  every  twelve  month  period.  Any  store that fails two consecutive inspections shall be inspected at least once in every six  month  period until  it  has  passed  two consecutive inspections. In the event that a retail food store fails three consecutive  inspections,  the  department may,  in  its  discretion,  order such establishment to cease all retail operation until it passes inspection or suspend or  revoke  any  license issued  to  such  establishment  pursuant  to  article  twenty-C of this chapter.   5. Licensure. No person shall maintain or operate a retail food store, food service establishment or food warehouse unless  such  establishment is  licensed  pursuant  to  the  provisions  of  this article, provided, however, that establishments registered, permitted or  licensed  by  the department  pursuant  to  other provisions of this chapter, under permit and inspection by the state department of health or by  a  local  health agency  which  maintains  a  program certified and approved by the state commissioner of health, or subject to inspection by  the  United  States department  of  agriculture pursuant to the federal meat, poultry or egg inspection programs, shall be exempt from licensure under this  article. Application   for  licensure  of  a  retail  food  store,  food  service establishment or food warehouse shall be made, upon a form prescribed by the commissioner, on or before December first of every  other  year  for the   registration   period  beginning  January  first  following.  Upon submission of a completed  application,  together  with  the  applicable licensing fee, the commissioner shall issue a license to the retail food store,  food  service  establishment  or food warehouse described in the  application for two years from the date of  issuance.  The  license  fee shall  be  two  hundred  fifty  dollars  provided,  however,  that  food warehouses  shall  pay  a  license  fee   of   four   hundred   dollars. Notwithstanding  the  preceding  sentence,  the commissioner shall, upon submission of a completed application for a new license by an  applicant that  is  a  chain  store, as defined by subdivision five of section two hundred fifty-one-z-two of this chapter, issue such license for a period ending on the same date as the licenses of the other chain  stores  that are a part of the same network.