Senate Bill S9064

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9064
 
                             I N  S E N A T E
 
                             October 23, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the agriculture and markets law,  in  relation  to  non-
   dairy  frozen  novelties  and  in relation to establishing a non-dairy
   frozen novelties micro-business grant program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 71-j-1 to read as follows:
   § 71-J-1. NON-DAIRY FROZEN NOVELTIES. 1. FOR PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "NON-DAIRY FROZEN NOVELTIES" SHALL MEAN SEPARATELY PACKAGED  FROZEN
 DESSERTS CONTAINING NO MILK OR MILK PRODUCTS; AND
   B.  "SHARED-USE  KITCHEN"  SHALL  MEAN A COMMERCIAL KITCHEN, INCUBATOR
 KITCHEN, COMMUNITY KITCHEN  OR  OTHER  FOOD  PREPARATION  FACILITY  THAT
 PROVIDES  INDIVIDUALS  AND  BUSINESSES  WITH KITCHEN SPACE AND ACCESS TO
 COMMERCIAL KITCHEN EQUIPMENT IN ORDER TO PREPARE FOOD PRODUCTS AND MEALS
 ON A LEASE OR RENTAL BASIS.
   2. ANY MANUFACTURER OF NON-DAIRY FROZEN NOVELTIES  DOING  BUSINESS  IN
 THIS  STATE SHALL BE EXEMPT FROM ANY LICENSING REQUIREMENTS SET FORTH IN
 SECTION SEVENTY-ONE-B, SEVENTY-ONE-C AND SEVENTY-ONE-D OF  THIS  ARTICLE
 TO  THE  EXTENT  THAT  SUCH  SECTIONS APPLY EXCLUSIVELY TO THE WHOLESALE
 MANUFACTURE OF FROZEN DESSERTS  THAT  CONTAIN  MILK  OR  MILK  PRODUCTS.
 MANUFACTURERS OF NON-DAIRY FROZEN NOVELTIES DOING BUSINESS IN THIS STATE
 SHALL BE REQUIRED TO COMPLY WITH ANY LICENSING REQUIREMENTS SET FORTH IN
 SECTION  SEVENTY-ONE-B,  SEVENTY-ONE-C AND SEVENTY-ONE-D OF THIS ARTICLE
 TO THE EXTENT THAT SUCH SECTIONS APPLY GENERALLY TO THE  MANUFACTURE  OF
 FROZEN DESSERTS.
   3.  ANY  MANUFACTURER  OF  NON-DAIRY  FROZEN NOVELTIES IS PERMITTED TO
 MANUFACTURE NON-DAIRY FROZEN NOVELTIES BY UTILIZING A SHARED-USE  KITCH-
 EN,  PROVIDED THAT SUCH SHARED-USE KITCHEN IS PROPERLY LICENSED PURSUANT
 TO SECTION TWO HUNDRED FIFTY-ONE-Z-THREE  OF  THIS  CHAPTER  AND  IS  IN
 COMPLIANCE  WITH  ARTICLE TWENTY-C OF THIS CHAPTER AND RELATED RULES AND
 REGULATIONS OF THE COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17454-01-0

 S. 9064                             2
 
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 71-j-2 to read as follows:
   §  71-J-2. NON-DAIRY FROZEN NOVELTIES MICRO-BUSINESS GRANT PROGRAM. 1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "NON-DAIRY FROZEN NOVELTIES" SHALL HAVE THE SAME MEANING SET  FORTH
 IN  PARAGRAPH  A  OF  SUBDIVISION ONE OF SECTION SEVENTY-ONE-J-1 OF THIS
 ARTICLE;
   B. "MICRO-BUSINESS" SHALL MEAN A BUSINESS LOCATED IN THIS  STATE  THAT
 MANUFACTURERS  NON-DAIRY  FROZEN  NOVELTIES AND HAS TWENTY-FIVE OR FEWER
 EMPLOYEES; AND
   C. "START-UP COSTS AND EXPENSES" SHALL MEAN  NON-RECURRING  COSTS  AND
 EXPENSES  ASSOCIATED  WITH  SETTING  UP  A  BUSINESS, INCLUDING, BUT NOT
 LIMITED TO, ACCOUNTANT'S FEES, LEGAL FEES, REGISTRATION FEES,  LICENSING
 FEES, ADVERTISING, PROMOTIONAL ACTIVITIES, EMPLOYEE TRAINING AND RELATED
 PRE-OPENING OR PRELIMINARY EXPENSES.
   2.  THERE IS HEREBY ESTABLISHED A NON-DAIRY FROZEN NOVELTIES MICRO-BU-
 SINESS GRANT PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT,  IN  CONJUNC-
 TION WITH THE EMPIRE STATE DEVELOPMENT CORPORATION.
   3.  THE  PURPOSE OF THE PROGRAM IS TO PROVIDE FINANCIAL ASSISTANCE FOR
 START-UP COSTS AND EXPENSES NEEDED BY MICRO-BUSINESSES THAT  EXCLUSIVELY
 MANUFACTURE NON-DAIRY FROZEN NOVELTIES.
   4. ANY OWNER OF A NON-DAIRY FROZEN NOVELTIES MICRO-BUSINESS MAY SUBMIT
 AN  APPLICATION  FOR A GRANT PURSUANT TO THIS SECTION TO THE DEPARTMENT.
 GRANTS AWARDED PURSUANT TO THIS SECTION SHALL BE USED SOLELY FOR  START-
 UP  COSTS  AND  EXPENSES  INCURRED OR ANTICIPATED TO BE INCURRED BY SUCH
 MICRO-BUSINESS.  APPLICATION FOR SUCH GRANTS SHALL BE IN  A  MANNER  AND
 FORM TO BE DETERMINED BY THE COMMISSIONER.
   5.  THE  COMMISSIONER,  UPON REVIEW OF AN APPLICATION FROM A NON-DAIRY
 FROZEN NOVELTIES MICRO-BUSINESS, SHALL DETERMINE IF SUCH  MICRO-BUSINESS
 IS  ELIGIBLE  FOR  A  GRANT  PURSUANT  TO THIS SECTION. IF ELIGIBLE, THE
 COMMISSIONER SHALL MAKE THE DETERMINATION AS TO THE AMOUNT OF THE  GRANT
 NEEDED  BY SUCH MICRO-BUSINESS FOR START-UP COSTS AND EXPENSES, PROVIDED
 THAT SUCH AMOUNT SHALL IN NO EVENT EXCEED TEN THOUSAND DOLLARS.
   6. THIS PROGRAM SHALL BE FUNDED THROUGH ANNUAL APPROPRIATIONS  OF  THE
 LEGISLATURE OR ANY OTHER FUNDS RECEIVED BY THE STATE FOR THE PURPOSES OF
 THIS  SECTION.  GRANTS SHALL ONLY BE AWARDED BASED UPON THE AVAILABILITY
 OF FUNDS.
   § 2. This act shall take effect immediately; provided that section two
 of this act shall take effect on the one hundred twentieth day after  it
 shall  have become a law. Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.