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

                                 5485--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted as amended and recommitted to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05843-03-1
              

A. 5485--A                          2

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,  INCLUDING
GARLIC  POWDER,  TO  BE SOLD EXCLUSIVELY AT FARMERS' MARKETS OR ROADSIDE
STANDS.
  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. Section 251-z-2 of the agriculture and markets law is amended by
adding a new subdivision 5 to read as follows:
  5. GARLIC POWDER SHALL MEAN THE RESULTING POWDER FROM  GRINDING  DEHY-
DRATED GARLIC (ALLIUM SATIVUM) INTO A POWDER FORM.
  S 4. This act shall take effect immediately.