New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 1 - Executive Orders (Nelson A. Rockefeller) › Section 1.73 - Executive Order No. 73: Relating to the supervision of food processing establishments and service food establishments. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
Two State agencies, the Departments of Health and
					 Agriculture and Markets, have a responsibility for protecting the public from
					 conditions that might spread disease through unsanitary food preparation and
					 service and to protect the public against adulterated or substitute food
					 products.
In general, the Department of Health and local health
					 departments have the responsibility for inspecting and supervising places where
					 food is consumed on the premises or sold ready-to-eat for off-premises
					 consumption. Inspections to assure proper sanitary conditions are conducted by
					 employees of the State Department of Health or local health agencies with the
					 State Department of Health paying part of the local costs and providing
					 technical supervision.
In general, the Department of Agriculture and Markets has
					 the responsibility for inspecting and supervising places where food is
					 processed or manufactured.
On July 14, 1960, I issued an Executive Order which
					 delineated the respective responsibilities of the Departments of Agriculture
					 and Markets, Health and Labor with regard to sanitary inspections of
					 restaurants. That order was intended to insure that the public was fully
					 protected against unsanitary conditions in restaurants while avoiding wasteful
					 duplication of effort by different State agencies.
The Secretary to the Governor and the Division of the
					 Budget has recently completed a joint review of the inspection and supervision
					 of food processing plants, restaurants and other types of establishments
					 processing or serving food products in New York State. That study recommended
					 that it would be desirable to expand existing licensing requirements to provide
					 for licensing by the Commissioner of Agriculture and Markets of all food
					 processing establishments not otherwise licensed. Chapter 863 of the Laws of
					 1972, which was a part of my 1972 Legislative Program, implements this
					 recommendation.
The joint review also recommended a further delineation of
					 the responsibilities of State agencies with respect to the inspection and
					 supervision of food establishments other than restaurants in furtherance of the
					 same objectives that underlie the July 14, 1960 Executive Order,
i.e.,
to strengthen the State's consumer protection effort by
					 insuring that there is a coordinated, efficient program with no gaps in
					 coverage and no wasteful duplication of effort.
Accordingly, I direct that the Department of Agriculture
					 and Markets and the Department of Health enter into a Memorandum of
					 Understanding, and adopt regulations in conformity therewith, that will provide
					 for:
- regulation and inspection by the Department of
					 Agriculture and Markets of places of food processing or manufacturing;
- regulation and inspection by the Department of Health of
					 places where food is consumed on the premises or sold ready-to-eat for
					 off-premises consumption;
- a detailed listing of the specific types of
					 establishments for which each Department will be responsible;
- systematic exchange of information;
- joint periodic management evaluation by both Departments
					 of food regulatory programs, with any recommendations to the Governor which may
					 be deemed appropriate;
- coordination of enforcement of standards for health,
					 sanitation, adulteration, labeling and economic factors; and
- such other related matters as may be appropriate for
					 implementation of this Executive Order and to the execution of the Departments'
					 respective responsibilities.
I further direct the Departments of Agriculture and Markets
					 and Health to continue their cooperative efforts in other areas of consumer
					 protection to insure that the State has a comprehensive, coordinated and
					 efficient system of food inspection and regulation.
The Labor Department, which in furtherance of its
					 responsibility to provide for the protection and safety of employees conducts
					 inspections of various food processing and service food establishments, is
					 directed to consult with the Departments of Agriculture and Markets and Health
					 to avoid unnecessary duplication in sanitary inspections.
The provisions of the Executive Order of July 14, 1960 on
					 restaurant inspections shall remain in effect and the provisions of this order
					 shall be deemed supplementary thereto except where inconsistent, in which case
					 the provisions of this Executive Order No. 73 shall control.
Signed: Nelson A. Rockefeller
Dated: December 19, 1972
Footnotes
* [Supplements Executive Order
					 No. 3,
supra.
]