senate Bill S4302

Signed by Governor Amended

Relates to the issuance and expiration of food processing establishment licenses

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 20 / Mar / 2013
    • REFERRED TO AGRICULTURE
  • 23 / Apr / 2013
    • 1ST REPORT CAL.407
  • 24 / Apr / 2013
    • 2ND REPORT CAL.
  • 29 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2013
    • AMENDED ON THIRD READING 4302A
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A7759
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.383
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.260

Summary

Relates to the issuance and expiration of food processing establishment licenses.

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Bill Details

Versions:
S4302
S4302A
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§251-z-2, 251-z-3 & 251-z-5, Ag & Mkts L

Votes

8
0
8
Aye
0
Nay
2
aye with reservations
1
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S4302

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the issuance and expiration of food processing
establishment licenses

Purpose of the bill:

The bill would amend Agriculture and Markets Law (AML) AML § 251-z to
streamline the license process for chain store food processed and to
authorize the Commissioner of Agriculture and Markets (Commissioner)
to suspend or revoke applicable licenses for failure to pay license
fees or penalties previously imposed.

Summary of Provisions:

Section 1 of the bill would add a new subdivision to AML § 251-z-2 to
define the term "chain store."

Section 2 of the bill would amend AML § 251-z-3 to provide a process
by which all stores within a chain of licensed food processing
establishments could re-apply for licenses on the same date, with the
fee for such licenses pro-rated, depending upon the length of time
between license issuance and expiration. It would also clarify that a
"new" license would become effective on the first day that an
applicant who had processed food without a license began that
activity, and would continue for two years thereafter.

Section 3 of the bill would amend AML § 251-z-5 to authorize the
Commissioner to suspend or revoke a license issued to a food
processing establishment for failure to pay the license fee or a prior
penalty imposed for a violation of applicable requirements.

Section 4 of the bill would make the bill effective immediately.

Existing Law:

AML § 251-z-3 provides that a food processing license is for a
two-year period, measured from the date the license was issued. AML
251-z-3 also provides for a license fee of $400 or $900, for food
processing establishments determined to require more intensive
regulatory oversight. AML § 251-z-5 provides a list of bases for
suspending or revoking a food processing license.

Legislative History:

This is a new proposal.

Statement in Support:

Currently, each store that is part of a chain of food processing
establishments (i.e., supermarket chains) must apply for food
processing licenses individually every two years upon the expiration
of the license. This bill would create a process by which a chain of
stores could file a relicensing application for all establishments
connected to the chain simultaneously.


The proposed amendment to AML § 251-z-3 would also provide that a
"new" license would become effective on the first day that the
applicant began to process food, if the applicant had previously
processed food without being licensed. Currently, a license becomes
effective on the day of issuance and an applicant who has illegally
processed food before a license has been issued has, effectively, been
allowed to process food for a period greater than the statutorily-set
two-year license period. The bill would ensure that all licensees are
legally authorized to process food for a period no greater than such
license period.

Under such process, the $400 license fee would be pro-rated over six
month periods. Thus, to file a single application for all stores
affiliated with a chain of stores, a payment of $100 would be made for
affiliated stores with licenses set to expire within six months, a
payment $200 would be made for affiliated stores with licenses set to
expire within one year, and a payment of $300 would be made for
affiliated stores with licenses set to expire within eighteen months.
The bill would thus simplify the application and renewal process for
chain store operators, saving time and money, while also making the
relicensing process easier for Department of Agriculture and Markets
to administer.

The bill would also make a necessary amendment to AML § 251-z-5 to
authorize the Commissioner to suspend or revoke a license issued to a
food processing establishment for failure to pay the license fee or a
prior penalty imposed for a violation.of applicable requirements.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

Effective immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4302

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 20, 2013
                               ___________

Introduced  by Sen. RITCHIE -- (at request of the Department of Agricul-
  ture and Markets) -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  issuance and expiration of food processing establishment licenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  251-z-2  of  the  agriculture and markets law is
amended by adding a new subdivision 5 to read as follows:
  5. THE TERM "CHAIN STORE" MEANS A FOOD PROCESSING  ESTABLISHMENT  THAT
IS PART OF A NETWORK OF SUBSIDIARIES, AFFILIATES, OR OTHER MEMBER STORES
UNDER  DIRECT OR INDIRECT CONTROL OF A CORPORATION, PARTNERSHIP, LIMITED
LIABILITY COMPANY, OR OTHER ORGANIZED ENTITY THAT, AS A GROUP, HAD ANNU-
AL GROSS SALES IN THE PREVIOUS CALENDAR YEAR OF THREE MILLION DOLLARS OR
MORE.
  S 2. Section 251-z-3 of the agriculture and markets law, as amended by
section 1 of part N of chapter 58 of the laws of  2012,  is  amended  to
read as follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall  be  made,  upon  a  form prescribed by the commissioner. [Renewal
applications] A RENEWAL APPLICATION shall be submitted  to  the  commis-
sioner  at  least  thirty  days  prior  to  the commencement of the next
license period.
  The applicant shall furnish evidence of his  or  her  good  character,
experience  and  competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the  premises  can  be  maintained,
that  the  product  produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08967-03-3

S. 4302                             2

ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the application. NOTWITHSTANDING THE PRECEDING, AN APPLI-
CANT THAT IS A CHAIN STORE SHALL  PAY  A  LICENSE  FEE  OF  ONE  HUNDRED
DOLLARS  IF  ITS  LICENSE  EXPIRES  SIX MONTHS OR LESS FROM THE DATE ITS
LICENSE PERIOD BEGAN, TWO HUNDRED DOLLARS IF ITS LICENSE EXPIRES BETWEEN
SIX MONTHS AND ONE YEAR FROM THE DATE ITS LICENSE  PERIOD  BEGAN,  THREE
HUNDRED  DOLLARS  IF  ITS  LICENSE EXPIRES BETWEEN ONE YEAR AND EIGHTEEN
MONTHS FROM THE DATE ITS LICENSE PERIOD BEGAN, OR FOUR  HUNDRED  DOLLARS
IF  ITS  LICENSE  EXPIRES BETWEEN EIGHTEEN MONTHS AND TWO YEARS FROM THE
DATE ITS LICENSE PERIOD BEGAN. However, the license fee  shall  be  nine
hundred  dollars  for  a food processing establishment determined by the
commissioner, pursuant to duly promulgated regulations, to require  more
intensive  regulatory  oversight  due  to  the  volume  of  the products
produced, the potentially hazardous nature of the  product  produced  or
the multiple number of processing operations conducted in the establish-
ment.  [The license application for retail food stores shall be accompa-
nied by documentation in a  form  approved  by  the  commissioner  which
demonstrates that the food safety education program requirement has been
met.  The]  A  license  shall  take  effect on the [date of issuance and
continue for two years from  such  date.]  FIRST  DAY  THE  COMMISSIONER
DETERMINES  THAT THE APPLICANT PROCESSED FOOD WITHOUT A LICENSE THEREFOR
OR ON THE DAY THE LICENSE  IS  ISSUED,  WHICHEVER  DAY  IS  EARLIEST.  A
RENEWED LICENSE SHALL TAKE EFFECT ON THE NEXT DAY AFTER THE DAY THAT THE
PREVIOUS  LICENSE  PERIOD ENDED.  EACH LICENSE AND RENEWED LICENSE SHALL
CONTINUE FOR TWO YEARS  FROM  THE  DAY  THAT  IT  WAS  FIRST  EFFECTIVE.
NOTWITHSTANDING  THE PRECEDING, A LICENSE ISSUED TO AN APPLICANT THAT IS
A CHAIN STORE SHALL EXPIRE ON THE DATE SET FORTH ON THE APPLICATION FORM
PRESCRIBED BY THE COMMISSIONER FOR SUCH APPLICANT.
  S 3. The opening paragraph of section 251-z-5 of the  agriculture  and
markets law, as added by chapter 863 of the laws of 1972, is amended and
a new subdivision 9 is added to read as follows:
  The  commissioner  may [decline to grant a new license, may decline to
renew a license, may] suspend or revoke a license already granted  after
due  notice  and opportunity for hearing, AND MAY DECLINE TO GRANT A NEW
LICENSE OR RENEW A LICENSE ALREADY GRANTED, whenever he finds that:
  (9) THE APPLICANT OR LICENSEE  HAS  FAILED  TO  PAY  THE  LICENSE  FEE
REQUIRED  PURSUANT TO THIS ARTICLE FOR A PREVIOUS LICENSE PERIOD, OR HAS
FAILED TO PAY A PENALTY IMPOSED FOR A VIOLATION  OF  THE  PROVISIONS  OF
THIS ARTICLE OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO.
  S 4. This act shall take effect immediately.

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