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S05863 Summary:

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S05863 Committee Votes:

S05863 Floor Votes:

S05863 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5863
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 9, 2015
                                       ___________
 
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          waiver of a kitchen incubator processing license fee
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
     2  amended  by  chapter  447  of  the  laws  of 2014, is amended to read as
     3  follows:
     4    § 251-z-3. Licenses; fees. No person shall maintain or operate a  food
     5  processing establishment unless licensed biennially by the commissioner.
     6  Application  for  a  license  to operate a food processing establishment
     7  shall be made, upon a form prescribed by  the  commissioner.  A  renewal
     8  application  shall be submitted to the commissioner at least thirty days
     9  prior to the commencement of the next license period.
    10    The applicant shall furnish evidence of his  or  her  good  character,
    11  experience  and  competency, that the establishment has adequate facili-
    12  ties and equipment for the business to be conducted, that the establish-
    13  ment is such that the cleanliness of the  premises  can  be  maintained,
    14  that  the  product  produced therein will not become adulterated and, if
    15  the applicant is a retail food store, that the applicant has an individ-
    16  ual in a position of management or control who has completed an approved
    17  food safety education program pursuant to section two hundred fifty-one-
    18  z-twelve of this article. The commissioner, if so satisfied, shall issue
    19  to the applicant, upon payment  of  the  license  fee  of  four  hundred
    20  dollars,   a  license  to  operate  the  food  processing  establishment
    21  described in the application.  The commissioner shall waive the  license
    22  fee  for  two  years for a first time applicant that processes food in a
    23  kitchen incubator food processing facility, which for  the  purposes  of
    24  this  section  is  a food processing facility used by multiple small and
    25  emerging food processing businesses, including both  full-time  facility
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11244-01-5
        S. 5863                             2
 
     1  tenants and businesses that rent space on a temporary basis. The commis-
     2  sioner shall prorate the license fee paid by an applicant, if the appli-
     3  cant's food processing establishment has as its only full time employees
     4  the  owner or the parent, spouse, or child of the owner, and/or not more
     5  than two full time employees, and if that applicant vacates a food proc-
     6  essing establishment six months or more prior to the expiration  of  the
     7  license  period,  and,  within  one year of vacating such establishment,
     8  applies for a new license associated with another food processing estab-
     9  lishment, provided the applicant's license has  not  been  suspended  or
    10  revoked  pursuant  to section two hundred fifty-one-z-five of this arti-
    11  cle. The commissioner may establish rules and regulations governing  the
    12  prorating  of such fees and/or the application of such fees from a prior
    13  license to a new one. Notwithstanding the preceding, an  applicant  that
    14  is  a  chain store shall pay a license fee of one hundred dollars if its
    15  license expires six months or less from  the  date  its  license  period
    16  began, two hundred dollars if its license expires between six months and
    17  one  year  from the date its license period began, three hundred dollars
    18  if its license expires between one year and  eighteen  months  from  the
    19  date  its  license  period began, or four hundred dollars if its license
    20  expires between eighteen months and two years from the date its  license
    21  period began. However, the license fee shall be nine hundred dollars for
    22  a food processing establishment determined by the commissioner, pursuant
    23  to  duly  promulgated  regulations, to require more intensive regulatory
    24  oversight due to the volume of the products  produced,  the  potentially
    25  hazardous nature of the product produced or the multiple number of proc-
    26  essing  operations  conducted in the establishment. The license applica-
    27  tion for retail food stores shall be accompanied by documentation  in  a
    28  form approved by the commissioner which demonstrates that the food safe-
    29  ty  education  program  requirement has been met. The license shall take
    30  effect on the date of issuance and continue  for  two  years  from  such
    31  date.  Notwithstanding  the  preceding, a license issued to an applicant
    32  that is a chain store shall expire on the date set forth on the applica-
    33  tion form prescribed by the commissioner for such applicant.
    34    § 2. This act shall take effect one year after it shall have become  a
    35  law; provided, however, that effective immediately, the addition, amend-
    36  ment and/or repeal of any rule or regulation necessary for the implemen-
    37  tation of this act on its effective date are authorized to be made on or
    38  before such effective date.