NY State Assembly Bill 2009-A9169

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Sep 30, 2009	referred to agriculture

2009-A9169 (ACTIVE) - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-3, Ag & Mkts L

2009-A9169 (ACTIVE) - Summary

Reduces licensing fees for certain food processing establishments.

2009-A9169 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9169

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to licensing fees for food processing establishments

PURPOSE:  To provide a Pay-for-Performance incentive for businesses to
receive their licenses for a lower cost if their business possesses the
least amount of Potential Hazard and had zero deficiencies during their
annual audit.

SUMMARY OF PROVISIONS:  Section 251-z-3 - Adds language allowing for the
bi-annual licensing fee for food processing to be reduced by 20% for
each year (for a maximum of 40%)the business has: a) the lowest poten-
tial hazard; and b) passes its first and only yearly audit with no defi-
ciencies. The reduction will be provided if and only if a copy of
successful inspection (with zero deficiencies) is included with the
renewal application.

JUSTIFICATION:  The issue of Food Processing Licenses is handled within
the Division of Food Processing in the Department of Agriculture and
Markets, as each Division has its own licensing office. 2009 will be the
first year that a graduated scale exists regarding Food Processing
Licenses. A graduated scale, of $400 or $900 was enacted last year; the
Department is still vetting how to formulate the new rules to determine
who will have to pay the $900 fee.

The intent of the graduated fee is to make the Division of Feed Safety
self-sufficient. The old fee of approximately 27 cents per day, has been
more than doubled with the new $400 fee and quadrupled with the $900
fee. For the last six years the fee was $200 bi-annually and before that
it was $70.

There are approximately 22,000 establishments requesting food processing
licenses across the state. Many.of them are small businesses that must
pay this fee regardless of how small their operation. For example, the
fee must be paid by a convenience store merely for having a capo chino
machine. Therefore, this bill will help soften the blow of such a dras-
tic increase in fees, while at the same time providing an incentive to
keep a clean shop.

The Division breaks down businesses into categories based on their Indi-
cator of Potential Hazard (IPH) rather than the size of the business.
For every year that an IPH 3 business (the lowest level -which is the
category with the most businesses) that has only one inspection and
passes with zero Deficiencies, that owner can send in a copy of the
successful inspection and receive 20%, per successful year, off the
following two year license if and only if proper documentation is sent
with the renewal application

Example: Food-are-us is an IPH 3 business that was inspected once in
2009. It received zero Critical Deficiencies and zero general Deficien-
cies. In its sole 2010 inspection, the same business received zero Crit-

ical and one General Deficiency. When Food-are-us reapplies for a Food
Processing license, if it includes the successful 2009 audit in its
renewal application, it will receive a total of 20i off its following
bi-annual license.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Undetermined.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  180 days after it shall have become a law.

2009-A9169 (ACTIVE) - Bill Text download pdf

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

                                  9169

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                           September 30, 2009
                               ___________

Introduced  by  M.  of  A.  CHRISTENSEN -- read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  licens-
  ing fees for food processing establishments

  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  307  of  the laws of 2004, the second undesignated
paragraph as amended by section 2 of part II of chapter 59 of  the  laws
of 2009, is amended to read as follows:
  S  251-z-3.  Licenses; fees.  1. No person shall maintain or operate a
food processing establishment unless licensed biennially by the  commis-
sioner.    Application for a license to operate a food processing estab-
lishment shall be made, upon a form prescribed by the  commissioner,  on
or  before  the  fifteenth of the month preceding the applicable license
period as herein prescribed. The license  period  shall  begin  February
fifteenth  for  applicants  who  apply  for  a  license between February
fifteenth and May fourteenth, May fifteenth for applicants who apply for
a license between May fifteenth and August fourteenth, August  fifteenth
for  applicants  who  apply  for  a license between August fifteenth and
November fourteenth, and November fifteenth for applicants who apply for
a license between November fifteenth and February fourteenth.
  2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14572-03-9

A. 9169                             2

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. 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 RENEWAL LICENSING FEE SHALL BE REDUCED BY TWENTY PERCENT FOR
EACH YEAR OF THE PRECEDING TWO YEARS  THAT  A  BUSINESS  WHICH  HAS  THE
LOWEST  INDICATOR  OF  POTENTIAL  HAZARD HAS ONE INSPECTION PER YEAR AND
WHICH PASSES THE INSPECTION WITH NO CRITICAL  OR  GENERAL  DEFICIENCIES.
THE  OWNER OF SUCH A BUSINESS SHALL BE ENTITLED TO THE TWENTY PERCENT OR
THE MAXIMUM FORTY PERCENT LICENSING FEE REDUCTION IF AND ONLY IF A  COPY
OF  THE  INSPECTION  SHOWING  NO CRITICAL OR GENERAL DEFICIENCIES FOR AT
LEAST ONE OF THE PRECEDING TWO YEARS IS INCLUDED WITH THE RENEWAL APPLI-
CATION. 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
until the last day of the applicable license period set  forth  in  this
section.
  3.  Notwithstanding  any  other  provision of law to the contrary, the
commissioner is hereby authorized and  directed  to  deposit  all  money
received pursuant to this section in an account within the miscellaneous
special revenue fund.
  S 2. This act shall take effect immediately.

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Assembly Bill A9169

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2009-A9169 (ACTIVE) - Details

2009-A9169 (ACTIVE) - Summary

2009-A9169 (ACTIVE) - Sponsor Memo

2009-A9169 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9169

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Sponsored By

CHRISTENSEN

Archive: Last Bill Status - In Assembly Committee

2009-A9169 (ACTIVE) - Details

2009-A9169 (ACTIVE) - Summary

2009-A9169 (ACTIVE) - Sponsor Memo

2009-A9169 (ACTIVE) - Bill Text download pdf

Comments