AAM-42-16-00006-P Sanitation in Retail Food Stores and Method of Sale, at Retail, of Certain Food

10/19/16 N.Y. St. Reg. AAM-42-16-00006-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 42

October 19, 2016

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-42-16-00006-P

Sanitation in Retail Food Stores and Method of Sale, at Retail, of Certain Food

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to add Parts 271 and 272 to Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18, 96-s and 214-b

Subject:

Sanitation in retail food stores and method of sale, at retail, of certain food.

Purpose:

To cause the republication of regulations governing retail food stores and the method of sale of certain foods at retail.

Substance of proposed rule:

Subpart 271-1. General Provisions.

This Subpart sets forth the purpose of Part 271 as protecting the public health (sec. 271-1.1).

This Subpart also contains a definition section (sec. 271-1.2).

Subpart 271-2. Food Supplies.

This Subpart generally sets forth the existing requirements governing the storage, handling, preparation, offering for sale and sale of food by retail food stores.

Subpart 271-3. Personnel.

This Subpart sets forth the existing requirements for management and personnel in food stores.

Subpart 271-4. Equipment and Utensils.

This Subpart sets forth the existing requirements for equipment and utensils, including design and condition.

Subpart 271-5. Cleaning, Sanitization and Storage of Equipment and Utensils.

This Subpart sets forth the existing requirements for maintenance of equipment and utensils, including cleaning, sanitizing and storage of same.

Subpart 271-6. Sanitary Facilities and Controls.

This Subpart sets forth the existing requirements for water, steam, sewage, plumbing, toilet rooms, handwash facilities, garbage and vermin control.

Subpart 271-7. Construction and Maintenance of Physical Facilities.

This Subpart sets forth the existing requirements for the physical structure and layout of the store, including the exterior of the establishment.

Subpart 271-8. Food Display and Service at Salad Bars.

This Subpart generally sets forth the existing requirements for maintaining food free of contamination and ensuring that food displays and salad bars are kept under sanitary conditions.

Subpart 271-9. Compliance and Enforcement.

This Subpart generally sets forth the existing required contents of a Hazard Analysis and Critical Control Point (HACCP) Plan as well as circumstances under which a HACCP Plan is required for processing certain high risk foods.

Subpart 272-1. Meat for Sale at Retail.

This Subpart sets forth existing requirements and conditions regarding labeling and advertising; exceptions to labeling and advertising requirements in certain cases; the use of the name of the meat on labeling; use of USDA grading terms; labeling of certain meat food products; and labeling of fabricated steak and frozen meat. There are also charts depicting beef, veal, lamb and pork carcasses. Finally, there is a prohibition against advertising meat for sale at retail unless there is a sufficient quantity of product available at each outlet listed in the advertisement to meet demand.

Subpart 272-2. Advertising and Marketing of Food for Sale at Retail.

This Subpart sets forth existing requirements concerning availability of advertised items; mispricing of advertised items; and general disclaimers.

Subpart 272-3. Sale of Small Quantities of Prepackaged Fresh Fruits and Vegetables.

This Subpart sets forth existing requirements which provide that small quantities of fresh fruits or vegetables shall be made available by opening a package of the commodity in stock, when the commodity in question is unavailable in unpackaged form. The Subpart also requires the posting of a sign which reads “Small Quantities of Prepackaged Fresh Fruits and Vegetables are Available upon Request.”

Subpart 272-4. Sale of Seafood, Fish, Meat and Poultry in Frozen State.

This Subpart sets forth existing requirements which prohibit the sale of seafood, food fish or shellfish, meat, meat by-product or meat food product, poultry or poultry product in a frozen state when it was previously offered for sale in an unfrozen state, unless the package or container with the product is labeled with the words “This product was previously offered for sale in an unfrozen state.” This Subpart has the same requirements regarding these products sold in bulk.

Text of proposed rule and any required statements and analyses may be obtained from:

Stephen D. Stich, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Consensus Rule Making Determination

The proposed rule will have the effect of “republishing” the retail food store sanitation regulations and the retail food sales regulations that were set forth in Parts 271 and 272 of 1 NYCRR, respectively. As a result of a drafting error set forth in the express terms of a notice of adoption published in the New York State Register on June 22, 2016 relating to moving Part 270 of 1 NYCRR (maple syrup regulations) from Subchapter E of Chapter VI of 1 NYCRR to Subchapter D, all of Subchapter E was purportedly repealed, which also includes Part 271 and Part 272. The Department’s rulemaking, however, only involved the deletion of Part 270 from Subchapter E and its placement in Subchapter D and did not provide for the repeal of all of Subchapter E.

This consensus rulemaking is technical in nature and has been commenced to correct the error referred to above. The purported repeal of Subchapter E was, based upon the foregoing, without legal force and effect with respect to Parts 271 and 272 and this technical rulemaking ensures that the public will be on notice that Subchapter E, and Parts 271 and 272 therein, remain in full force and effect and were and are unaffected by the deletion of Part 270 from that Subchapter. As such, it is unlikely that any person could raise an objection to the proposed rule.

Job Impact Statement

The proposed rule will have the effect of “republishing” the retail food store sanitation regulations and the retail food sales regulations that were set forth in Parts 271 and 272 of 1 NYCRR, respectively. As a result of a drafting error set forth in the express terms of a notice of adoption published in the New York State Register on June 22, 2016 relating to moving Part 270 of 1 NYCRR (maple syrup regulations) from Subchapter E of Chapter VI of 1 NYCRR to Subchapter D, all of Subchapter E was purportedly repealed, which also includes Part 271 and Part 272. The Department’s rulemaking, however, only involved the deletion of Part 270 from Subchapter E and its placement in Subchapter D and did not provide for the repeal of all of Subchapter E.

This consensus rulemaking is technical in nature and has been commenced to correct the error referred to above. The purported repeal of Subchapter E was, based upon the foregoing, without legal force and effect with respect to Parts 271 and 272 and this technical rulemaking ensures that the public will be on notice that Subchapter E, and Parts 271 and 272 therein, remain in full force and effect and were and are unaffected by the deletion of Part 270 from that Subchapter. As such, the proposed rule will have no impact upon jobs and employment opportunities.