§ 212-d. Field sanitation for farm hand workers, farm field workers and farm food processing workers. 1. Every grower or processor who employs or uses paid farm hand workers, farm field workers or farm food processing workers, whether or not he or she uses the services of a farm labor contractor, shall, at his or her own expense, provide or make available to such workers toilet and handwashing facilities, including transportation to such facilities.
2. Where five or more paid farm handworkers, farm field workers or farm food processing workers are employed in one location at the same time, at least one toilet and handwashing facility shall be provided at such location for every twenty workers or fraction thereof. Toilet and handwashing units shall be located together. Such facilities shall be located within a one-quarter mile walk of most hand-laborers or at the closest point that may be accessible by motor vehicle.
3. Where more than twenty paid farm hand workers, farm field workers or farm food processing workers are employed in one location at the same time and fifty or more percent of such workers are women, one toilet shall be designated with appropriate signs for men and one toilet designated with appropriate signs for women. Toilet and handwashing units shall be located together. Such facilities shall be located within a one-quarter mile walk of most hand-laborers.
4. When compliance with the provisions of subdivisions one, two and three of this section is not practicable because of physical or terrain conditions, such toilet and handwashing facilities shall be located at the closest point that may be accessible by motor vehicle.
5. Any violation of this section, shall be a misdemeanor punishable by a fine of not less than five hundred dollars, nor more than one thousand dollars, or up to thirty days imprisonment, or both such fine and imprisonment. Any second or subsequent offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars, nor more than three thousand dollars, or up to sixty days imprisonment, or both such fine and imprisonment.
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