senate Bill S6693C

Signed By Governor
2013-2014 Legislative Session

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment

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Sponsored By

Archive: Last Bill Status Via A9121 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 signed chap.447
Nov 10, 2014 delivered to governor
Jun 17, 2014 returned to assembly
passed senate
3rd reading cal.252
substituted for s6693c
Jun 17, 2014 substituted by a9121c
Jun 09, 2014 amended on third reading 6693c
vote reconsidered - restored to third reading
Jun 09, 2014 returned to senate
recalled from assembly
May 12, 2014 referred to agriculture
delivered to assembly
passed senate
Mar 24, 2014 amended on third reading 6693b
Mar 17, 2014 amended on third reading 6693a
Mar 13, 2014 advanced to third reading
Mar 12, 2014 2nd report cal.
Mar 11, 2014 1st report cal.252
Feb 28, 2014 referred to agriculture

Votes

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Mar 11, 2014 - Agriculture committee Vote

S6693
8
0
committee
8
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Committee Vote: Mar 11, 2014

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S6693 - Bill Details

See Assembly Version of this Bill:
A9121C
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

S6693 - Bill Texts

view summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

view sponsor memo
BILL NUMBER:S6693

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to refunding a fee for withdrawal from a food processing
establishment

PURPOSE: To pro-rate the license fee paid by applicants for a food
processing establishment license in certain cases.

SUMMARY OF PROVISIONS:

Section One amends section 251-z-3 of the agriculture and markets law,
to allow for a pro rating of the license fee paid for a food
establishment license by an applicant, when that applicant vacates a
food establishment more than six months prior to the expiration of the
license period.

Section two provides the effective date.

EXISTING LAW: Under current law, if an applicant vacates a food
processing establishment prior to the expiration of the license
period, they forfeit the entire license fee paid for that biennial
period.

JUSTIFICATION: Currently, an applicant must pay a $400 fee to obtain
a food processing establishment license, or $900 in some cases, if the
Commissioner determines the establishment requires more intensive
regulatory oversight. The license fees covers a two year period, and
the entire fee is paid at the beginning of that biennal period. If an
applicant subsequently leaves an establishment early, there is no
provision in the law for any prorating of the fee paid up front.

In some cases, an applicant leaves one establishment to join another
food processing establishment, and has had to pay fees twice- once to
the old establishment and again to the new establishment. This is
unfair and financially burdensome to food processors. A provision
should be placed in the law allowing for applicants to be reimbursed
some of their fee when they leave a food establishment six months or
more before the end of a two year licensing period.

LEGISLATIVE HISTORY: None. This is a new bill.

FISCAL IMPLICATIONS: Minimal.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  6693

                            I N  S E N A T E

                            February 28, 2014
                               ___________

Introduced  by  Sens.  RITCHIE,  RANZENHOFER  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture

AN ACT to amend the agriculture and markets law, in relation to  refund-
  ing a fee for withdrawal from a food processing establishment

  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  260  of  the  laws  of 2013, is amended to read as
follows:
  S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
processing establishment unless licensed biennially by the commissioner.
Application  for  a  license  to operate a food processing establishment
shall be made, upon a form prescribed by  the  commissioner.  A  renewal
application  shall be submitted to the commissioner at least thirty days
prior to the commencement of the next license period.
  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
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.    THE  COMMISSIONER  SHALL  PRORATE  THE
LICENSE FEE PAID BY AN APPLICANT, IF THAT APPLICANT VACATES A FOOD PROC-
ESSING  ESTABLISHMENT  SIX MONTHS OR MORE PRIOR TO THE EXPIRATION OF THE
LICENSE PERIOD. Notwithstanding the preceding, an applicant  that  is  a
chain  store  shall  pay  a  license  fee  of one hundred dollars if its
license expires six months or less from  the  date  its  license  period
began, two hundred dollars if its license expires between six months and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13742-01-4

S. 6693                             2

one  year  from the date its license period began, three hundred dollars
if its license expires between one year and  eighteen  months  from  the
date  its  license  period began, or four hundred dollars if its license
expires  between eighteen months and two years from the date its license
period began.  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 establishment. The
license application for retail  food  stores  shall  be  accompanied  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 for two
years from such date. Notwithstanding the preceding, a license issued to
an applicant that is a chain store shall expire on the date set forth on
the application form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

Co-Sponsors

S6693A - Bill Details

See Assembly Version of this Bill:
A9121C
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

S6693A - Bill Texts

view summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

view sponsor memo
BILL NUMBER:S6693A

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to refunding a fee for withdrawal from a food processing
establishment

PURPOSE: To pro-rate the license fee paid by applicants for a food
processing establishment license in certain cases.

SUMMARY OF PROVISIONS:

Section One amends section 251-z-3 of the agriculture and markets law,
to allow for a pro rating of the license fee paid for a food
establishment license by an applicant, when that applicant vacates a
food establishment more than six months prior to the expiration of the
license period, so long as the applicant's fee has not been suspended
or revoked pursuant to section 251-z-5 of the agriculture and markets
law.

Section two provides the effective date.

EXISTING LAW: Under current law, if an applicant vacates a food
processing establishment prior to the expiration of the license
period, they forfeit the entire license fee paid for that biennial
period.

JUSTIFICATION: Currently, an applicant must pay a $400 fee to obtain
a food processing establishment license, or $900 in some cases, if the
Commissioner determines the establishment requires more intensive
regulatory oversight. The license fees covers a two year period, and
the entire fee is paid at the beginning of that biennal period. If an
applicant subsequently leaves an establishment early, there is no
provision in the law for any prorating of the fee paid up front.

In some cases, an applicant leaves one establishment to join another
food processing establishment, and has had to pay fees twice- once to
the old establishment and again to the new establishment. This is
unfair and financially burdensome to food processors. A provision
should be placed in the law allowing for applicants to be reimbursed
some of their fee when they leave a food establishment six months or
more before the end of a two year licensing period, so long as the fee
has not been suspended or revoked under section 251-z-5 of the
agriculture and markets law.

LEGISLATIVE HISTORY: None. This is a new bill.

FISCAL IMPLICATIONS: Minimal.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately

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

                                 6693--A
    Cal. No. 252

                            I N  S E N A T E

                            February 28, 2014
                               ___________

Introduced  by  Sens.  RITCHIE,  RANZENHOFER,  SEWARD  -- 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 refund-
  ing a fee for withdrawal from a food processing establishment

  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 260 of the laws  of  2013,  is  amended  to  read  as
follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall  be  made,  upon  a form prescribed by the commissioner. A renewal
application shall be submitted to the commissioner at least thirty  days
prior to the commencement of the next license period.
  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
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.    THE  COMMISSIONER  SHALL PRORATE THE
LICENSE FEE PAID BY AN APPLICANT, IF THAT APPLICANT VACATES A FOOD PROC-
ESSING ESTABLISHMENT SIX MONTHS OR MORE PRIOR TO THE EXPIRATION  OF  THE
LICENSE PERIOD, SO LONG AS THE APPLICANT'S FEE HAS NOT BEEN SUSPENDED OR
REVOKED  PURSUANT  TO SECTION TWO HUNDRED FIFTY-ONE-Z-FIVE OF THIS ARTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13742-02-4

S. 6693--A                          2

CLE. Notwithstanding the preceding, an applicant that is a  chain  store
shall  pay  a  license fee of one hundred dollars if its license expires
six months or less from the date its license period began,  two  hundred
dollars  if its license expires between six months and one year from the
date its license period began, three  hundred  dollars  if  its  license
expires  between  one year and eighteen months from the date its license
period began, or four hundred dollars if  its  license  expires  between
eighteen  months  and  two years from the date its license period began.
However, the license fee shall be nine hundred dollars for a food  proc-
essing  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 establishment. The license application for
retail food stores shall be  accompanied  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 for two years from such
date. Notwithstanding the preceding, a license issued  to  an  applicant
that is a chain store shall expire on the date set forth on the applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

Co-Sponsors

S6693B - Bill Details

See Assembly Version of this Bill:
A9121C
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

S6693B - Bill Texts

view summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

view sponsor memo
BILL NUMBER:S6693B

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to refunding a fee for withdrawal from a food processing
establishment

PURPOSE:

To pro-rate the license fee paid by applicants for a food processing
establishment license in certain cases

SUMMARY OF PROVISIONS:

Section One amends section 251-z-3 of the agriculture and markets law,
to allow for a pro rating of the license fee paid for a food
establishment license by an applicant, when that applicant vacates a
food establishment more than six months prior to the expiration of the
license period, so long as the applicant's license has not been
suspended or revoked pursuant to section 251-z-5 of the agriculture
and markets law.

Section two provides the effective date.

EXISTING LAW:

Under current law, if an applicant vacates a food processing
establishment prior to the expiration of the license period, they
forfeit the entire license fee paid for that biennial period.

JUSTIFICATION:

Currently, an applicant must pay a $400 fee to obtain a food
processing establishment license, or $900 in some cases, if the
Commissioner determines the establishment requires more intensive
regulatory oversight. The license fees covers a two year period, and
the entire fee is paid at the beginning of that biennial period. If an
applicant subsequently leaves an establishment early, there is no
provision in the law for any prorating of the fee paid up front.

In some cases, an applicant leaves one establishment to join another
food processing establishment, and has had to pay fees twice- once to
the old establishment and again to the new establishment. This is
unfair and financially burdensome to food processors. A provision
should be placed in the law allowing for applicants to be reimbursed
some of their fee when they leave a food establishment six months or
more before the end of a two year licensing period, so long as the fee
has not been suspended or revoked under section 251-z-5 of the
agriculture and markets law.

LEGISLATIVE HISTORY:

None. This is a new bill.

FISCAL IMPLICATIONS:

Minimal.


LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                 6693--B
    Cal. No. 252

                            I N  S E N A T E

                            February 28, 2014
                               ___________

Introduced  by  Sens.  RITCHIE,  RANZENHOFER,  SEWARD  -- 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
  -- again 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 refund-
  ing a fee for withdrawal from a food processing establishment

  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 260 of the laws  of  2013,  is  amended  to  read  as
follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall  be  made,  upon  a form prescribed by the commissioner. A renewal
application shall be submitted to the commissioner at least thirty  days
prior to the commencement of the next license period.
  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
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.    THE  COMMISSIONER  SHALL PRORATE THE
LICENSE FEE PAID BY AN APPLICANT, IF THAT APPLICANT VACATES A FOOD PROC-
ESSING ESTABLISHMENT SIX MONTHS OR MORE PRIOR TO THE EXPIRATION  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13742-04-4

S. 6693--B                          2

LICENSE  PERIOD, PROVIDED THE APPLICANT'S LICENSE HAS NOT BEEN SUSPENDED
OR REVOKED PURSUANT TO SECTION  TWO  HUNDRED  FIFTY-ONE-Z-FIVE  OF  THIS
ARTICLE.  Notwithstanding  the  preceding,  an applicant that is a chain
store  shall  pay  a  license  fee of one hundred dollars if its license
expires six months or less from the date its license period  began,  two
hundred  dollars  if its license expires between six months and one year
from the date its license period began, three  hundred  dollars  if  its
license  expires  between one year and eighteen months from the date its
license period began, or four hundred dollars  if  its  license  expires
between  eighteen  months and two years from the date its license period
began.  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 proc-
essing operations conducted in the establishment. The  license  applica-
tion  for  retail food stores shall be accompanied by documentation in a
form approved by the commissioner which demonstrates that the food safe-
ty education program requirement has been met. The  license  shall  take
effect  on  the  date  of  issuance and continue for two years from such
date. Notwithstanding the preceding, a license issued  to  an  applicant
that is a chain store shall expire on the date set forth on the applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

Co-Sponsors

S6693C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9121C
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

S6693C (ACTIVE) - Bill Texts

view summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

view sponsor memo
BILL NUMBER:S6693C

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to refunding a fee for withdrawal from a food processing estab-
lishment

PURPOSE:

To pro-rate the license fee paid by applicants for a food processing
establishment license in certain cases

SUMMARY OF PROVISIONS:

Section one amends Section 251-z-3 of the Agriculture and Markets Law,
to allow for a pro rating of the license fee paid for a food establish-
ment license by an applicant from an establishment that has as its only
full time employees the owner or the owner's parent, spouse, or child,
and/or not more than two full time employees, when that applicant
vacates a food processing establishment more than six months prior to
the expiration of the license period and, re-applies for a new license
at another establishment within one year. The applicant's license cannot
be suspended or revoked pursuant to

Section 251-z-5 of the Agriculture and Markets Law. The commissioner may
establish rules and regulations governing the prorating of such fees and
the application of such fees from a prior license to a new one.

Section two provides the effective date.

EXISTING LAW:

Under current law, if an applicant vacates a food processing establish-
ment prior to the expiration of the license period, they forfeit the
entire license fee paid for that biennial period.

JUSTIFICATION:

Currently, an applicant must pay a $400 fee to obtain a food processing
establishment license, or $900 in some cases, if the Commissioner deter-
mines the establishment requires more intensive regulatory oversight.
The license fee covers a two year period, and the entire fee is paid at
the beginning of that biennial period. If an applicant subsequently
leaves or closes an establishment early, there is no provision in the
law for any prorating of the fee paid.

In some cases, an applicant leaves one establishment to join another
food processing establishment, and has had to pay fees twice - once to
the old establishment and again to the new establishment. This is unfair
and financially burdensome, especially to small food processors. This
bill allows certain applicants to be reimbursed some of their fee when
they leave a food establishment six months or more before the end of a

two year licensing period, so long as the fee has not been suspended or
revoked under Section 251-z-5 of the Agriculture and Markets law.

LEGISLATIVE HISTORY:

None. This is a new bill.

FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                 6693--C
    Cal. No. 252

                            I N  S E N A T E

                            February 28, 2014
                               ___________

Introduced  by  Sens.  RITCHIE,  RANZENHOFER,  SEWARD  -- 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
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- passed by Senate and delivered to the Assem-
  bly,  recalled,  vote reconsidered, restored to third reading, amended
  and ordered reprinted, retaining its place in the order of third read-
  ing

AN ACT to amend the agriculture and markets law, in relation to  refund-
  ing a fee for withdrawal from a food processing establishment

  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  260  of  the  laws  of 2013, is amended to read as
follows:
  S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
processing establishment unless licensed biennially by the commissioner.
Application  for  a  license  to operate a food processing establishment
shall be made, upon a form prescribed by  the  commissioner.  A  renewal
application  shall be submitted to the commissioner at least thirty days
prior to the commencement of the next license period.
  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
to the applicant, upon payment  of  the  license  fee  of  four  hundred
dollars,   a  license  to  operate  the  food  processing  establishment

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13742-12-4

S. 6693--C                          2

described in the application. THE COMMISSIONER SHALL PRORATE THE LICENSE
FEE PAID BY AN APPLICANT, IF THE APPLICANT'S FOOD PROCESSING  ESTABLISH-
MENT  HAS  AS  ITS  ONLY  FULL  TIME  EMPLOYEES THE OWNER OR THE PARENT,
SPOUSE,  OR  CHILD  OF  THE  OWNER,  AND/OR  NOT MORE THAN TWO FULL TIME
EMPLOYEES, AND IF THAT APPLICANT VACATES A FOOD PROCESSING ESTABLISHMENT
SIX MONTHS OR MORE PRIOR TO THE EXPIRATION OF THE LICENSE  PERIOD,  AND,
WITHIN  ONE  YEAR  OF  VACATING  SUCH  ESTABLISHMENT,  APPLIES FOR A NEW
LICENSE ASSOCIATED WITH ANOTHER FOOD PROCESSING ESTABLISHMENT,  PROVIDED
THE  APPLICANT'S  LICENSE  HAS NOT BEEN SUSPENDED OR REVOKED PURSUANT TO
SECTION TWO HUNDRED FIFTY-ONE-Z-FIVE OF THIS ARTICLE.  THE  COMMISSIONER
MAY ESTABLISH RULES AND REGULATIONS GOVERNING THE PRORATING OF SUCH FEES
AND/OR  THE  APPLICATION OF SUCH FEES FROM A PRIOR LICENSE TO A NEW ONE.
Notwithstanding the preceding, an applicant that is a chain store  shall
pay  a  license  fee  of  one hundred dollars if its license expires six
months or less from the date  its  license  period  began,  two  hundred
dollars  if its license expires between six months and one year from the
date its license period began, three  hundred  dollars  if  its  license
expires  between  one year and eighteen months from the date its license
period began, or four hundred dollars if  its  license  expires  between
eighteen  months  and  two years from the date its license period began.
However, the license fee shall be nine hundred dollars for a food  proc-
essing  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 establishment. The license application for
retail food stores shall be  accompanied  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 for two years from such
date. Notwithstanding the preceding, a license issued  to  an  applicant
that is a chain store shall expire on the date set forth on the applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

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