2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 38-A - Costs and Expenses Relating to Extraordinary Sanitary Reinspection Services.

§ 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.