Int. No. 13
By The Speaker (Council Member Vallone) and Council Members Freed, Duane, Eisland and Henry; also Council Members Foster, Lasher, Leffler, Michels, O'Donovan, Robles and Carrion - read and referred to the Committee on Health
A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of the sale or distribution of spoiled food and produce rejected for purchase by city institutions.
Be it enacted by the Council as follows:
Section 1. Title 17 of the administrative code of the city of New York is hereby amended by adding thereto a new section 17-179 to read as follows:
§17-179 Institutional food purchases, inspection of merchandise, spoiled food and notification. a. It shall be the duty of every employee who is vested within the responsibilities of accepting or otherwise receiving fresh fruit, vegetables, meats and other produce or food from any wholesaler, distributor or vendor for an institution or facility of any kind which is operated, managed, leased or funded by the city of New York, including but not limited to schools, prisons, jails, hospitals, clinics and other institutions or facilities, to immediately examine and inspect such merchandise upon delivery thereof, for freshness and general fitness for human consumption.
b. If an employee, acting pursuant to subdivision a of this section has reason to believe or suspect that the food examined is in any manner spoiled, tainted, diseased or otherwise unfit for human consumption, he or she shall forthwith notify the department as to his or her findings and the department shall dispatch an inspector to the institution or facility as soon as practicable for verification thereof and action thereon pursuant to all existing laws and rules, including, but not limited to removal, confiscation and/or destruction of such spoiled merchandise.
c. Until such time as the department dispatches an inspector to the appropriate institution, or facility the employee observing and reporting such findings shall set aside the merchandise suspected of being unfit for human consumption.
§2. This local law shall take effect immediately.