BILL NUMBER:A10873
TITLE OF BILL: An act 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 establish-
ment
PURPOSE: 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 establishment
license.
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 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."
EXISTING LAW: Current law provides exemptions for the following estab-
S T A T E O F N E W Y O R K
________________________________________________________________________
10873
I N A S S E M B L Y
April 27, 2010
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to exempt-
ing 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 PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 251-z-2 of the agriculture and
markets law, as amended by chapter 507 of the laws of 1973, is amended
to read as follows:
3. The term "food processing establishment" means any place which
receives food or food products for the purpose of processing or other-
wise adding to the value of the product for commercial sale. It
includes, but is not limited to, bakeries, processing plants, beverage
plants and food manufactories. However, the term does not include: those
establishments that process and manufacture food or food products that
are sold exclusively at retail for consumption on the premises; those
operations which cut meat and sell such meat at retail on the premises;
bottled and bulk water facilities; those food processing establishments
which are covered by articles four, [four-a, five-a, five-b, five-c,
five-d, seventeen-b, nineteen, twenty-b, and twenty-one] FOUR-A, FIVE-A,
FIVE-B, FIVE-C, FIVE-D, SEVENTEEN-B, NINETEEN AND TWENTY-ONE, AND FORMER
ARTICLE TWENTY-B of this chapter; service food establishments, including
vending machine commissaries, under permit and inspection by the state
department of health or by a local health agency which maintains a
program certified and approved by the state commissioner of health;
establishments under federal meat, poultry or egg product inspection;
[or] establishments engaged solely in the harvesting, storage, or
distribution of one or more raw agricultural commodities which are ordi-
narily cleaned, prepared, treated or otherwise processed before being
marketed to the consuming public; OR ESTABLISHMENTS THAT ARE ENGAGED IN
THE PROCESSING OF HOMEMADE BAKED GOODS, SPICES OR POWDERS TO BE SOLD
EXCLUSIVELY AT FARMERS' MARKETS OR ROADSIDE STANDS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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