senate Bill S4302A

Signed by Governor

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

See Assembly Version of this Bill:
A7759
Versions:
S4302
S4302A
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§251-z-2 & 251-z-3, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S4302A

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 processors.

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.

Section 3 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.

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 a food processing license individually every two years upon
the expiration of its 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.

Under such process, the $400 license fee for each store that is part
of a chain would be pro-rated over six-month periods. Thus, a chain
store operator, when filing a single application for ail of its
stores, would pay a license fee of $100 for each affiliated store with
a license set to expire within six months, a license fee of $200 for
each affiliated store with a license set to expire within one year,
and a $300 license fee for each affiliated store with a license 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.

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--A
    Cal. No. 407

                       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 -- reported favorably
  from said committee, ordered to first and second report, ordered to  a
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08967-04-3

S. 4302--A                          2

the applicant is a retail food store, that the applicant has an individ-
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 license shall take effect on the date of issuance and continue
for two years from such date.  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. This act shall take effect immediately.

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