This bill has been amended

Bill S2370-2011

Amends the agriculture and markets law, exempting certain institutions from the definition of a food processing establishment

Exempts certain institutions involved in the processing of homemade baked goods, spices and powders, sold only at farmers' markets and roadside stands from the definition of a food processing establishment.

Details

Actions

  • Mar 14, 2011: ADVANCED TO THIRD READING
  • Mar 10, 2011: 2ND REPORT CAL.
  • Mar 9, 2011: 1ST REPORT CAL.199
  • Jan 19, 2011: REFERRED TO AGRICULTURE

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 9, 2011
Ayes (8): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Avella, Valesky
Ayes W/R (1): Kennedy
Absent (1): Montgomery

Memo

BILL NUMBER:S2370

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to exempting certain institutions involved in the processing of homemade baked goods, spices, and powders, sold only at farmers' markets and roadside stands from the definition of a food processing establishment

PURPOSE: The purpose of the legislation is to allow individuals who produce a small amount of homemade baked goods, spices and powders to sell their wares at farmers' markets and roadside stands without being required to obtain an Article 20-C food processing establishment license.

SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision 3 of section 251-z-2 of the agriculture and markets law to provide an exemption from the definition of "food processing establishment" for establishments that are engaged in the processing of homemade baked goods, spice or powders to be sold exclusively at farmers' markets or roadside stands.

Section 2 amends subdivision 4 of section 251-z-2 of the agriculture and markets law to include the processing of foods by "grinding" within the definition of "processing."

EXISTING LAW: Current law provides exemptions for the following establishments: those that process and manufacture food sold exclusively at retail for consumption on the premises; those that cut meat and sell it at retail on the premises; bottled and bulk water facilities; establishments under permit/inspection by the Department of Health; establishments under federal meat, poultry or egg product inspection; those engaged solely in the harvesting, storage, or distribution of one or more raw agricultural commodities.

Part 276.4 of the Ag & Markets regulations provide further exemptions for processors of maple syrup, honey and home-processed foods.

JUSTIFICATION: The current article 20-c requirements, while appropriate for large food processing establishments, are overly burdensome and cost-prohibitive for many smaller operations. Among other requirements, article 20-c requires individuals to process their products in commercial facilities. As most individuals do not have commercial kitchens in their homes, finding commercial facilities to use may be difficult and costly. For individuals who process a very small amount of homemade goods and sell their products exclusively at farmers' markets or roadside stands, the requirements of article 20-c are simply not necessary. By easing some of these burdensome requirements, we can encourage and promote the production of healthy locally produced foods and other products.

LEGISLATIVE HISTORY: S.7069 of 2010

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2370 2011-2012 Regular Sessions IN SENATE January 19, 2011 ___________
Introduced by Sens. SEWARD, GRISANTI, JOHNSON, LARKIN, RANZENHOFER -- 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 exempt- ing certain institutions involved in the processing of homemade baked goods, spices, and powders, sold only at farmers' markets and roadside stands from the definition of a food processing establishment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 251-z-2 of the agriculture and markets law, as amended by chapter 507 of the laws of 1973, is amended to read as follows: 3. The term "food processing establishment" means any place which receives food or food products for the purpose of processing or other- wise adding to the value of the product for commercial sale. It includes, but is not limited to, bakeries, processing plants, beverage plants and food manufactories. However, the term does not include: those establishments that process and manufacture food or food products that are sold exclusively at retail for consumption on the premises; those operations which cut meat and sell such meat at retail on the premises; bottled and bulk water facilities; those food processing establishments which are covered by articles four, [four-a, five-a, five-b, five-c, five-d, seventeen-b, nineteen, twenty-b, and twenty-one] FOUR-A, FIVE-A, FIVE-B, FIVE-C, FIVE-D, SEVENTEEN-B, NINETEEN AND TWENTY-ONE, AND FORMER ARTICLE TWENTY-B of this chapter; service food establishments, including vending machine commissaries, under permit and inspection by the state department of health or by a local health agency which maintains a program certified and approved by the state commissioner of health; establishments under federal meat, poultry or egg product inspection; [or] establishments engaged solely in the harvesting, storage, or distribution of one or more raw agricultural commodities which are ordi-
narily cleaned, prepared, treated or otherwise processed before being marketed to the consuming public; OR ESTABLISHMENTS THAT ARE ENGAGED IN THE PROCESSING OF HOMEMADE BAKED GOODS, SPICES OR POWDERS TO BE SOLD EXCLUSIVELY AT FARMERS' MARKETS OR ROADSIDE STANDS. S 2. Subdivision 4 of section 251-z-2 of the agriculture and markets law, as added by chapter 863 of the laws of 1972, is amended to read as follows: 4. The term "processing" means processing foods in any manner, such as by manufacturing, canning, preserving, freezing, drying, dehydrating, juicing, GRINDING, pickling, baking, brining, bottling, packing, repack- ing, pressing, waxing, heating or cooking, or otherwise treating food in such a way as to create a risk that it may become adulterated if improp- erly handled. S 3. This act shall take effect immediately.

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