Assembly Bill A9121C

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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Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2013-A9121 - Details

See Senate Version of this Bill:
S6693
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

2013-A9121 - 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.

2013-A9121 - Bill Text download pdf 

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

                                  9121

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Agriculture

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-
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

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

2013-A9121A - Details

See Senate Version of this Bill:
S6693
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

2013-A9121A - 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.

2013-A9121A - Bill Text download pdf 

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

                                 9121--A

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted as amended and recommitted to said committee

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, 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

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

2013-A9121B - Details

See Senate Version of this Bill:
S6693
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

2013-A9121B - 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.

2013-A9121B - Bill Text download pdf 

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

                                 9121--B

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

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 MAY 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

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

2013-A9121C (ACTIVE) - Details

See Senate Version of this Bill:
S6693
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-3, Ag & Mkts L

2013-A9121C (ACTIVE) - 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.

2013-A9121C (ACTIVE) - Bill Text download pdf 

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

                                 9121--C

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Ways and  Means  --  reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

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 THE APPLICANT'S FOOD PROCESSING  ESTABLISH-

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

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