senate Bill S6693C

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

See Assembly Version of this Bill:
A9121C
Versions:
S6693
S6693A
S6693B
S6693C
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง251-z-3, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S6693C

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

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 establish-
ment license by an applicant from an establishment that has as its only
full time employees the owner or the owner's parent, spouse, or child,
and/or not more than two full time employees, when that applicant
vacates a food processing establishment more than six months prior to
the expiration of the license period and, re-applies for a new license
at another establishment within one year. The applicant's license cannot
be suspended or revoked pursuant to

Section 251-z-5 of the Agriculture and Markets Law. The commissioner may
establish rules and regulations governing the prorating of such fees and
the application of such fees from a prior license to a new one.

Section two provides the effective date.

EXISTING LAW:

Under current law, if an applicant vacates a food processing establish-
ment 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 deter-
mines the establishment requires more intensive regulatory oversight.
The license fee covers a two year period, and the entire fee is paid at
the beginning of that biennial period. If an applicant subsequently
leaves or closes an establishment early, there is no provision in the
law for any prorating of the fee paid.

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, especially to small food processors. This
bill allows certain 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, so long as the fee has not been suspended or
revoked under Section 251-z-5 of the Agriculture and Markets law.

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--C
    Cal. No. 252

                            I N  S E N A T E

                            February 28, 2014
                               ___________

Introduced  by  Sens.  RITCHIE,  RANZENHOFER,  SEWARD  -- 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
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- passed by Senate and delivered to the Assem-
  bly,  recalled,  vote reconsidered, restored to third reading, amended
  and ordered reprinted, retaining its place in the order of third read-
  ing

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13742-12-4

S. 6693--C                          2

described in the application. THE COMMISSIONER SHALL PRORATE THE LICENSE
FEE PAID BY AN APPLICANT, IF THE APPLICANT'S FOOD PROCESSING  ESTABLISH-
MENT  HAS  AS  ITS  ONLY  FULL  TIME  EMPLOYEES THE OWNER OR THE PARENT,
SPOUSE,  OR  CHILD  OF  THE  OWNER,  AND/OR  NOT MORE THAN TWO FULL TIME
EMPLOYEES, AND IF THAT APPLICANT VACATES A FOOD PROCESSING ESTABLISHMENT
SIX MONTHS OR MORE PRIOR TO THE EXPIRATION OF THE LICENSE  PERIOD,  AND,
WITHIN  ONE  YEAR  OF  VACATING  SUCH  ESTABLISHMENT,  APPLIES FOR A NEW
LICENSE ASSOCIATED WITH ANOTHER FOOD PROCESSING ESTABLISHMENT,  PROVIDED
THE  APPLICANT'S  LICENSE  HAS NOT BEEN SUSPENDED OR REVOKED PURSUANT TO
SECTION TWO HUNDRED FIFTY-ONE-Z-FIVE OF THIS ARTICLE.  THE  COMMISSIONER
MAY ESTABLISH RULES AND REGULATIONS GOVERNING THE PRORATING OF SUCH FEES
AND/OR  THE  APPLICATION OF SUCH FEES FROM A PRIOR LICENSE TO A NEW ONE.
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 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  proc-
essing  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 applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

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