NY State Senate Bill 2009-S7069

Senate Bill S7069

2009-2010 Legislative Session

Amends the agriculture and markets law, exempting certain institutions from the definition of a food processing establishment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2010	referred to agriculture

2009-S7069 (ACTIVE) - Details

See Assembly Version of this Bill:: A10873
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-2, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: S2370, A5485

2009-S7069 (ACTIVE) - Summary

Exempts 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.

2009-S7069 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7069

 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 establishment


 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 establishments:
those that process and manufacture food sold exclusively at retail for
consumption on the premises; those that cut meat and sell it at retail
on the premises; bottled and bulk water facilities; establishments
under permit/inspection by the Department of Health; establishments
under federal meat, poultry or egg product inspection; those engaged
solely in the harvesting, storage, or distribution of one or more raw
agricultural commodities.

Part 276.4 of the Ag & Markets regulations provide further exemptions
for processors of maple syrup, honey and home-processed foods.

 JUSTIFICATION :
The current article 20-c requirements, while appropriate for large
food processing establishments, are overly burdensome and
cost-prohibitive for many smaller operations. Among other
requirements, article 20-c requires individuals to process their
products in commercial facilities. As most individuals do not have
commercial kitchens in their homes, finding commercial facilities to
use may be difficult and costly. For individuals who process a very
small amount of homemade goods and sell their products exclusively at
farmers' markets or roadside stands, the requirements of article 20-c
are simply not necessary. By easing some of these burdensome
requirements, we can encourage and promote the production of healthy
locally produced foods and other products.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
Immediately.

2009-S7069 (ACTIVE) - Bill Text download pdf

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

                                  7069

                            I N  S E N A T E

                             March 10, 2010
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed 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.

                                                           LBD15982-02-0

S. 7069                             2

  S 2. Subdivision 4 of section 251-z-2 of the agriculture  and  markets
law,  as added by chapter 863 of the laws of 1972, is amended to read as
follows:
  4. The term "processing" means processing foods in any manner, such as
by  manufacturing,  canning,  preserving, freezing, drying, dehydrating,
juicing, GRINDING, pickling, baking, brining, bottling, packing, repack-
ing, pressing, waxing, heating or cooking, or otherwise treating food in
such a way as to create a risk that it may become adulterated if improp-
erly handled.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.