S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2942
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07589-01-1

 S. 2942                             2
 
 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.
   §  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.