Department of Agriculture and Markets

The Executive Budget recommends (analysis as January 26, 2008):

A FY 2008-09 workforce of 615 (including the Industrial Exhibit Authority), a decrease of 15 FTEs from the adjusted FTE level for FY 2007-08.  The following chart identifies adjustments in the current fiscal year’s FTEs along with the recommended differences in FY 2008-09 FTEs by program (if the FTE’s are the same the program is not listed):

 

 

Program	FY 2007-08 Adjustment	FY 2008-09 Difference
Administration	0	+34
Agricultural Business Services	+6	-11
Consumer Food Services	-4	-38

 

·         The total appropriation for Personal Service is $41.2 million, or an increase of 3.8%.

 

·         Significant changes in estimated FTEs are as follows: 

o   Administration Program +34 FTEs supported by a Personal Service increase of $2.5 million.

o   Agriculture and Business Services -11 FTEs and a Personal Service decrease of -$434,000.

o   Consumer Food Services -38 FTEs and a Personal Service decrease of -$1.5 million.  Most of this decrease is related to the attrition of 21 food inspector positions due to the proposal to institute risk-based inspections.

 

·         According to the NYS Assembly, the Executive Budget provides an additional $415,000 to support 6 additional FTEs, including 2 economic development grant administrators, 1 contract auditor, 1 employee assigned to work on community gardens, 1 golden nematode inspector, and 1 agricultural commodities specialist.  In addition, the Executive provides an additional $110,000 for 2 staff positions added during SFY 2007-08 related to the Invasive Species Council, created by Chapter 674 of 2007.

 

·         The total appropriation for Contractual Services remains relatively unchanged with an appropriation of $44.3 million and increase of .2%.

 

·         An All Funds increase of $3.3 million or 2.6% from SFY 2007-08.

 

·         The SFY 2006-07 $40 million capital appropriation for the new Food Laboratory is reappropriated in the proposed budget; no indication is given as to where the Food Laboratory will be located.

 

·        The estimated number of consulting employees of 156 is unchanged from previous fiscal year.  However, the estimated disbursements decreased by $2.3 million, or 57% for a total of $1.8 million.  The estimated cost per contract employee is $11,000 a decrease of $16,000 per contract employee.  It is not clear what accounts for this decrease.  However, since this is the second year that agencies have been required to report this information, it may be a reflection of increased accuracy.  Significant changes in contractual services occur as follows: 

o   Administrative Program, contractual services decreases to $2.9 million, a decrease of -22%.

o   Agriculture Business Services Program, contractual services decreases to $4.2 million, a decrease of -5.6%.

 ·         The Executive Budget recommends Article VII legislation that would: 

o   Amend the Ag & Markets law to achieve efficiencies in the inspection of retail food stores by establishing risk based food safety inspections.  Currently, the Department is responsible for inspecting each retail food store once every calendar year. The retail food stores that fail the first inspection are re-inspected by the Department within a six month period. This bill allows the Department to inspect retail food stores based on risk factors, such as establishment size, type of food offered for sale, and other factors that may affect public health as established by the Commissioner of Agriculture and Markets. Retail food stores that have a good inspection record or little risk of food safety incidents would no longer be inspected on an annual basis.  In contrast, retail food stores that fail inspection would be inspected more frequently. Stores would continue to be inspected when there are complaints and on a random basis.  Enactment of this bill is necessary to implement the 2008-09 Executive Budget because it will save the Department $1.2 million in program costs with the expected attrition of 21 Food Inspector positions.

o   Increase penalties for violations of Ag & Markets orders and regulations, as well as other laws under the enforcement of the Department.  Increase from $300 to $1,000 the maximum penalty for first violations of Ag & Markets Law and other laws.  Increase from $600 to $2,000 the penalty for each subsequent violation.  In addition, the maximum penalty for violation a rule or order would increase five-fold for subsequent violations. 

o   Proposes legislation to authorize certain state agencies, including Ag & Markets to finance their activities with revenues generated from assessments on public utilities and cable television companies.  Enactment of this bill is necessary to implement the 2008-09 Executive Budget, because the bill ensures the recovery of expenses incurred by the Department of Health, Agriculture and Markets, Economic Development and Environmental Conservation, the Office of Parks, Recreation and Historic Preservation, the Consumer Protection Board, and the Office of Homeland Security.