Senate Bill S6112

2017-2018 Legislative Session

Relates to enacting the homemade business opportunity act

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
May 11, 2017	referred to agriculture

2017-S6112 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §16-b, Ag & Mkts L

2017-S6112 (ACTIVE) - Summary

Relates to enacting the homemade business opportunity act; instructs the commissioner to make various changes to the current home-processed food production rules and regulations.

2017-S6112 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6112

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to enacting the homemade business opportunity act

 PURPOSE :

To assist home kitchen-based businesses or cottage-food entrepreneurs
by reducing burdensome regulations and other barriers to their
expansion, while maintaining food product safety and public health

 SUMMARY OF PROVISIONS :

Section one of the bill provides the title for this Act - the
"homemade business opportunity act"

Section two provides the legislative intent for this legislation.

Section three amends the agriculture and markets law to require the
commissioner of the department of agriculture and markets to
promulgate rules and regulations governing homemade or cottage
businesses, in accordance with this legislation.

Section four provides the effective date - immediately.

 EXISTING LAW :

This bill creates a new section 16-b in the agriculture and markets
law.

 JUSTIFICATION :

Every day, New Yorkers are using their skills, talents and creativity
to create new home-based businesses that allow them to support
themselves and their families by providing unique quality food
products for direct sale to consumers, farmers markets and a variety
of other outlets. The Homemade Business Opportunity Act helps
home-based entrepreneurs transform their family kitchens into
entrepreneurial engines that can help them create successful small
businesses.

The legislation identifies and expands the variety of food products
that can safely be produced in home kitchens for sale to consumers.
Home-based businesses are creating unique and quality food products,
increasingly sourced using locally grown ingredients from New York
State's 35,000 family farms. It brings common sense to outdated
regulations and requires the Department of Agriculture and Markets to
provide ways to add additional products that can be safely produced
for retail sale in home-based businesses.

This bill is aimed at modernizing New York's approach to home-based
food businesses by reducing artificial barriers to business growth,
expanding potential markets, and increasing the number of products
that can be produced in home kitchens for direct sale to consumers,
farm stands, craft fairs and flea markets. By practicing and
perfecting their products, many of these craft culinary enterprises
have succeeded and grown into thriving and vibrant small businesses,
creating jobs, supporting local economies and local farmers.

It is the legislature's intent that home kitchen-based or "cottage
food" entrepreneurs should be supported and encouraged in their
efforts. The Homemade Business Opportunity Act modernizes regulations
affecting these enterprises by reducing artificial barriers to
business growth, expanding potential markets and products that can be
offered for direct and indirect sales to consumers, while recognizing

the state's legitimate interest in preserving food product safety and
public health.

 LEGISLATIVE HISTORY :

None. This is a new legislation in 2017.

 FISCAL IMPLICATIONS :

This bill will have no negative fiscal implications for the State. It
is anticipated that this bill will have an overall positive fiscal
impact by encouraging the growth of the home-based or cottage foods
industry, and assisting these small businesses to grow and prosper,
adding to the overall economy of our state.

 EFFECTIVE DATE :
Immediately.

2017-S6112 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6112
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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 enacting
   the homemade business opportunity act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "homemade business opportunity act".
   § 2.   Legislative intent. Every day,  New  Yorkers  are  using  their
 skills, talents and creativity to build home kitchen-based businesses to
 provide  unique, quality food products, increasingly sourced using local
 ingredients for direct sale to  consumers,  farmers  markets  and  other
 retail  outlets.  By  practicing  and perfecting their products, many of
 these craft culinary enterprises have succeeded and grown into  thriving
 and  vibrant small businesses, creating jobs, supporting local economies
 and local farmers. It is the legislature's  intent  that  home  kitchen-
 based or "cottage food" entrepreneurs should be supported and encouraged
 in their efforts. The homemade business opportunity act modernizes regu-
 lations  impacting  these enterprises and reduces artificial barriers to
 business growth, and expands potential markets and products that can  be
 offered  for  direct  and indirect sales to consumers, while recognizing
 the state's legitimate interest in preserving food  product  safety  and
 public health.
   §  3.    The  agriculture  and  markets law is amended by adding a new
 section 16-b to read as follows:
   §  16-B.  HOMEMADE  BUSINESS  OPPORTUNITIES.  THE  COMMISSIONER  SHALL
 PROMULGATE  RULES  AND  REGULATIONS TO EXECUTE AND CARRY INTO EFFECT THE
 FOLLOWING:
   1. AN EXPANSION OF THE TYPES OF FOODS THAT CAN BE  HOME-PROCESSED  AND
 OFFERED FOR SALE TO INCLUDE THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11679-01-7

 S. 6112                             2
 
   (A)  RAW  NUTS  AND  NUT  MIXES,  PROVIDED, HOWEVER THAT SUCH NUTS ARE
 PURCHASED FROM A COMMERCIAL SOURCE THAT MEETS ALL STANDARDS SET FORTH IN
 THIS CHAPTER;
   (B) CHOCOLATE;
   (C) BAKED GOODS PREPARED WITH FRUITS AND VEGETABLES;
   (D) CEREALS;
   (E) GRANOLA;
   (F) TRAIL MIXES;
   (G) DRIED GARDEN VEGETABLES;
   (H) DRIED SOUP MIXES;
   (I) DRIED FRUITS;
   (J) HONEY;
   (K) SEASONING SALTS;
   (L) DRY BAKING MIXES; AND
   (M) DRIED PASTA;
   2.  NO  LIMITS  ON THE NUMBER OF INGREDIENTS INCLUDED IN ANY HOME-PRO-
 CESSED ITEM;
   3. STANDARDS THAT ALLOW PRODUCERS TO SAFELY PROCESS PICKLES AND  OTHER
 PRODUCTS INCLUDING OILS AND FLAVORED VINEGARS;
   4.  CONTINUAL  INPUT  FROM STAKEHOLDERS IN AN EFFORT TO MAXIMIZE HOME-
 PROCESSED FOOD OPPORTUNITIES WHILE ALSO ENSURING PUBLIC SAFETY;
   5. AN ANNUAL REVIEW AND UPDATE OF  ALL  APPROVED  HOME-PROCESSED  FOOD
 ITEMS;
   6.  A  MECHANISM BY WHICH PRODUCERS CAN PETITION FOR THE AUTHORIZATION
 OF NEW APPROVED HOME-PROCESSED FOOD ITEMS;
   7. AN ANNUALLY UPDATED LIST OF APPROVED COMMERCIAL KITCHENS  THAT  ARE
 ACCESSIBLE TO HOME-PROCESSED FOOD PRODUCERS, INCLUDING INFORMATION ABOUT
 FEES AND OTHER REQUIREMENTS;
   8. APPROVED HOME-PROCESSED PRODUCT VENUES AND METHODS OF SALE:
   (A) WHOLESALE MARKETS;
   (B)  RETAIL  AGRICULTURAL  VENUES  SUCH AS FARMS, FARM STANDS, FARMERS
 MARKETS, GREEN MARKETS, CRAFT FAIRS AND FLEA MARKETS;
   (C) PRODUCERS' HOMES, SUBJECT TO LOCAL ZONING RESTRICTIONS;
   (D) COMMUNITY-SUPPORTED AGRICULTURE ENTITIES;
   (E) DIRECT INTERNET SALES WITHIN NEW YORK STATE; PROVIDED  THAT  SALES
 EQUALING  FIFTY  THOUSAND  DOLLARS  OR MORE PER YEAR SHALL TRIGGER ADDI-
 TIONAL INSPECTION AND PERMIT REQUIREMENTS UNDER ARTICLE TWENTY-C OF THIS
 CHAPTER, HOWEVER ALL LICENSING  FEES  SHALL  BE  WAIVED  FOR  FARM-BASED
 PRODUCERS; AND
   (F)  INDIRECT  SALES  TO  RESTAURANTS, RETAILERS AND GROCERS; PROVIDED
 THAT SALES EQUALING FIFTY THOUSAND DOLLARS OR MORE PER YEAR SHALL  TRIG-
 GER ADDITIONAL INSPECTION AND PERMIT REQUIREMENTS UNDER ARTICLE TWENTY-C
 OF  THIS  CHAPTER,  HOWEVER ALL LICENSING FEES SHALL BE WAIVED FOR FARM-
 BASED PRODUCERS; AND
   9. IN CONJUNCTION WITH THE COMMISSIONER OF THE DEPARTMENT  OF  HEALTH,
 STANDARDIZED  TRAINING  FOR  LOCAL  HEALTH  AND  FOOD SAFETY AGENCIES TO
 ENSURE CONSISTENT ENFORCEMENT AND GUIDANCE  FOR  HOME-PROCESSED  PRODUCT
 PRODUCERS.
   § 4. This act shall take effect immediately.

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Senate Bill S6112

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2017-S6112 (ACTIVE) - Details

2017-S6112 (ACTIVE) - Summary

2017-S6112 (ACTIVE) - Sponsor Memo

2017-S6112 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2017-S6112 (ACTIVE) - Details

2017-S6112 (ACTIVE) - Summary

2017-S6112 (ACTIVE) - Sponsor Memo

2017-S6112 (ACTIVE) - Bill Text download pdf

Comments