senate Bill S2370A
(R, C, IP) 51st Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Exempts certain institutions involved in the processing of homemade baked goods, spices and powders, sold only at farmers' markets and roadside stands from the definition of a food processing establishment.
TITLE OF BILL:
to amend the agriculture and markets law, in relation to exempting
certain institutions involved in the processing of homemade baked goods,
spices, and powders, sold only at farmers' markets and roadside stands
from the definition of a food processing establishment
The purpose of the legislation is to allow individuals who
produce a small amount of homemade baked goods, spices and powders to
sell their wares at farmers' markets and roadside stands without
being required to obtain an Article 20-C food processing
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 3 of
section 251-z-2 of the agriculture and markets law to provide an
exemption from the definition of "food processing establishment" for
establishments that are engaged in the processing of homemade baked
goods, spice or powders, including garlic powder, to be sold
exclusively at farmers' markets or roadside stands.
Section 2 amends subdivision 4 of section 251-z-2 of the agriculture
and markets law to include the processing of foods by "grinding"
within the definition of "processing."
Section 3 amends section 251-z-2 of the agriculture and markets law
by adding subdivision 5 to define "garlic powder."
Section 4 provides the effective date.
Current law provides exemptions for the following
establishments: those that process and manufacture food sold
exclusively at retail for consumption on the premises; those that cut
meat and sell it at retail on the premises; bottled and bulk water
facilities; establishments under permit/inspection by the Department
of Health; establishments under federal meat, poultry or egg product
inspection; those engaged solely in the harvesting, storage, or
distribution of one or more raw agricultural commodities.
Part 276.4 of the Ag & Markets regulations provide further exemptions
for processors of maple syrup, honey and home-processed foods.
The current article 20-c requirements, while
appropriate for large food processing establishments, are overly
burdensome and cost-prohibitive for many smaller operations. Among
other requirements, article 20-c requires individuals to process
their products in commercial facilities. As most individuals do not
have commercial kitchens in their homes, finding commercial
facilities to use may be difficult and costly. For individuals who
process a very small amount of homemade goods and sell their products
exclusively at farmers' markets or roadside stands, the requirements
of article 20-c are simply not necessary. By easing some of these
burdensome requirements, we can encourage and promote the production
of healthy locally produced foods and other products.
S.7069 of 2010.
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