N.Y. Comp. Codes R. & Regs. tit. 1 § 348.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 348.8 - Costs and expenses

(a) Costs and expenses shall be calculated in accordance with Agriculture and Markets Law, section 38-a, subdivision 2, and shall include costs of direct and indirect personal service including but not limited to cost of salaries and wages, monetary and nonmonetary fringe benefits, retirement contributions made and Workmen's Compensation premiums paid by the State for or on behalf of personnel, the cost of necessary traveling, meals and lodging, the cost of rentals for space occupied in state-owned or state-leased buildings, the cost of maintenance and operation and all other actual direct and indirect costs apportioned to the Division of Food Inspection Services. The department shall determine an hourly rate of costs and expenses for each department employee utilized in any such compliance inspection, based upon the foregoing factors, and shall bill for such inspection accordingly.

(b) The total number of hours billed to an establishment for extraordinary reinspection services shall include that time spent in the conduct of compliance inspections, seizure on or off the premises of the establishment of food for which there is probable cause to believe is adulterated, supervision of destruction of such foods and any other action necessary to protect the public from the sale of adulterated foods.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 348.8