Bill Text: NY S05863 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the waiver of a kitchen incubator processing license fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-29 - SIGNED CHAP.367 [S05863 Detail]
Download: New_York-2015-S05863-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5863
2015-2016 Regular Sessions
I N S E N A T E
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 S 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 S 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.
