senate Bill S2370A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.145
Jan 04, 2012 referred to agriculture
Jun 24, 2011 committed to rules
Jun 01, 2011 amended on third reading 2370a
Mar 14, 2011 advanced to third reading
Mar 10, 2011 2nd report cal.
Mar 09, 2011 1st report cal.199
Jan 19, 2011 referred to agriculture

Votes

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Jan 31, 2012 - Agriculture committee Vote

S2370A
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Jan 31, 2012

excused (1)

Mar 9, 2011 - Agriculture committee Vote

S2370
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 9, 2011

aye wr (1)
absent (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2370 - Bill Details

See Assembly Version of this Bill:
A5485A
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-2, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S7069, A10873

S2370 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2370

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:
S.7069 of 2010

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Immediately.

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

                                  2370

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, GRISANTI, JOHNSON, LARKIN, RANZENHOFER --
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05843-01-1

S. 2370                             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  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. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S2370A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5485A
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-2, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S7069, A10873

S2370A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2370A

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, including garlic powder, 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."

Section 3 amends section 251-z-2 of the agriculture and markets law
by adding subdivision 5 to define "garlic powder."

Section 4 provides the effective date.

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:
S.7069 of 2010.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2370--A
    Cal. No. 199

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  GRISANTI,  JOHNSON, LARKIN, RANZENHOFER,
  RITCHIE -- 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

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05843-02-1

S. 2370--A                          2

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, 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.

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