Avella, Braunstein Want City and State Jurisdiction Over Grocery Stores

State Sen. Tony Avella, D-Bayside, and state Assemblyman Edward Braunstein, D-Bayside, are calling on the state to grant the city’s Department of Health concurrent jurisdiction with the state’s Department of Agriculture over grocery stores and farmers markets within the five boroughs.

The Department of Agriculture currently has sole authority over grocery stores and farmers market in the city, while the Department of Health has jurisdiction over small convenience stores and restaurants.

“The hundreds of grocery stores and farmers markets within New York City have proven to be far too large a landscape for the limited manpower and resources of the New York State Department of Agriculture and Markets,” Avella said.

The bill would allow the DOH to aid the state in enforcing laws that “guarantee food is being appropriately maintained and distributed,” the senator said.

It would also enable the DOH to investigate sources of food supply as well as inspect, seize or destroy products.

“Our legislation is particularly relevant due to recent reports that numerous eateries in New York City are registering as grocery stores in order to evade inspection by the DOH,” Braunstein said.

Howard Glickberg, Fairway Market's chief executive officer, said his grocery chain already self-inspects its foods, but that he would not likely be opposed to Avella and Braunstein's bill.

"If the new legislation isn't intrusive, we would be fine with it," he said.