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.

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S2370-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Feb 7, 2012: ADVANCED TO THIRD READING
• Feb 6, 2012: 2ND REPORT CAL.
• Jan 31, 2012: 1ST REPORT CAL.145
• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jun 24, 2011: COMMITTED TO RULES
• Jun 1, 2011: AMENDED ON THIRD READING 2370A
• 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

S2370-2011 Meetings

Agriculture: Mar 9, 2011

S2370-2011 Calendars

Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011

S2370-2011 Votes

S2370-2011 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.

S2370-2011 Text

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

                                    2370

                         2011-2012 Regular Sessions

                              I N  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05843-01-1

 S. 2370                             2

  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.