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. [*]

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. ]