senate Bill S6693

Amended

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment

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Bill Status


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

  • 28 / Feb / 2014
    • REFERRED TO AGRICULTURE
  • 11 / Mar / 2014
    • 1ST REPORT CAL.252
  • 12 / Mar / 2014
    • 2ND REPORT CAL.
  • 13 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 17 / Mar / 2014
    • AMENDED ON THIRD READING 6693A
  • 24 / Mar / 2014
    • AMENDED ON THIRD READING 6693B
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO AGRICULTURE
  • 09 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 09 / Jun / 2014
    • RETURNED TO SENATE
  • 09 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 6693C
  • 17 / Jun / 2014
    • SUBSTITUTED BY A9121C

Summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

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Bill Details

Versions:
S6693
S6693A
S6693B
S6693C
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง251-z-3, Ag & Mkts L

Votes

8
0
8
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S6693

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to refunding a fee for withdrawal from a food processing
establishment

PURPOSE: To pro-rate the license fee paid by applicants for a food
processing establishment license in certain cases.

SUMMARY OF PROVISIONS:

Section One amends section 251-z-3 of the agriculture and markets law,
to allow for a pro rating of the license fee paid for a food
establishment license by an applicant, when that applicant vacates a
food establishment more than six months prior to the expiration of the
license period.

Section two provides the effective date.

EXISTING LAW: Under current law, if an applicant vacates a food
processing establishment prior to the expiration of the license
period, they forfeit the entire license fee paid for that biennial
period.

JUSTIFICATION: Currently, an applicant must pay a $400 fee to obtain
a food processing establishment license, or $900 in some cases, if the
Commissioner determines the establishment requires more intensive
regulatory oversight. The license fees covers a two year period, and
the entire fee is paid at the beginning of that biennal period. If an
applicant subsequently leaves an establishment early, there is no
provision in the law for any prorating of the fee paid up front.

In some cases, an applicant leaves one establishment to join another
food processing establishment, and has had to pay fees twice- once to
the old establishment and again to the new establishment. This is
unfair and financially burdensome to food processors. A provision
should be placed in the law allowing for applicants to be reimbursed
some of their fee when they leave a food establishment six months or
more before the end of a two year licensing period.

LEGISLATIVE HISTORY: None. This is a new bill.

FISCAL IMPLICATIONS: Minimal.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  6693

                            I N  S E N A T E

                            February 28, 2014
                               ___________

Introduced  by  Sens.  RITCHIE,  RANZENHOFER  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture

AN ACT to amend the agriculture and markets law, in relation to  refund-
  ing a fee for withdrawal from a food processing establishment

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

  Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
amended  by  chapter  260  of  the  laws  of 2013, 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.  A  renewal
application  shall be submitted to the commissioner 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-
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.    THE  COMMISSIONER  SHALL  PRORATE  THE
LICENSE FEE PAID BY AN APPLICANT, IF THAT APPLICANT VACATES A FOOD PROC-
ESSING  ESTABLISHMENT  SIX MONTHS OR MORE PRIOR TO THE EXPIRATION OF THE
LICENSE PERIOD. Notwithstanding the preceding, an applicant  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13742-01-4

S. 6693                             2

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 establishment. The
license application for retail  food  stores  shall  be  accompanied  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 2. This act shall take effect immediately.

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