Relates to the issuance and expiration of food processing establishment licenses.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the issuance and expiration of food processing establishment licenses
Purpose of the bill:
The bill would amend Agriculture and Markets Law (AML) AML § 251-z to streamline the license process for chain store food processed and to authorize the Commissioner of Agriculture and Markets (Commissioner) to suspend or revoke applicable licenses for failure to pay license fees or penalties previously imposed.
Summary of Provisions:
Section 1 of the bill would add a new subdivision to AML § 251-z-2 to define the term "chain store."
Section 2 of the bill would amend AML § 251-z-3 to provide a process by which all stores within a chain of licensed food processing establishments could re-apply for licenses on the same date, with the fee for such licenses pro-rated, depending upon the length of time between license issuance and expiration. It would also clarify that a "new" license would become effective on the first day that an applicant who had processed food without a license began that activity, and would continue for two years thereafter.
Section 3 of the bill would amend AML § 251-z-5 to authorize the Commissioner to suspend or revoke a license issued to a food processing establishment for failure to pay the license fee or a prior penalty imposed for a violation of applicable requirements.
Section 4 of the bill would make the bill effective immediately.
AML § 251-z-3 provides that a food processing license is for a two-year period, measured from the date the license was issued. AML 251-z-3 also provides for a license fee of $400 or $900, for food processing establishments determined to require more intensive regulatory oversight. AML § 251-z-5 provides a list of bases for suspending or revoking a food processing license.
This is a new proposal.
Statement in Support:
Currently, each store that is part of a chain of food processing establishments (i.e., supermarket chains) must apply for food processing licenses individually every two years upon the expiration of the license. This bill would create a process by which a chain of stores could file a relicensing application for all establishments connected to the chain simultaneously.
The proposed amendment to AML § 251-z-3 would also provide that a "new" license would become effective on the first day that the applicant began to process food, if the applicant had previously processed food without being licensed. Currently, a license becomes effective on the day of issuance and an applicant who has illegally processed food before a license has been issued has, effectively, been allowed to process food for a period greater than the statutorily-set two-year license period. The bill would ensure that all licensees are legally authorized to process food for a period no greater than such license period.
Under such process, the $400 license fee would be pro-rated over six month periods. Thus, to file a single application for all stores affiliated with a chain of stores, a payment of $100 would be made for affiliated stores with licenses set to expire within six months, a payment $200 would be made for affiliated stores with licenses set to expire within one year, and a payment of $300 would be made for affiliated stores with licenses set to expire within eighteen months. The bill would thus simplify the application and renewal process for chain store operators, saving time and money, while also making the relicensing process easier for Department of Agriculture and Markets to administer.
The bill would also make a necessary amendment to AML § 251-z-5 to authorize the Commissioner to suspend or revoke a license issued to a food processing establishment for failure to pay the license fee or a prior penalty imposed for a violation.of applicable requirements.
STATE OF NEW YORK ________________________________________________________________________ 4302 2013-2014 Regular Sessions IN SENATE March 20, 2013 ___________Introduced by Sen. RITCHIE -- (at request of the Department of Agricul- ture and Markets) -- 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 the issuance and expiration of food processing establishment licenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 251-z-2 of the agriculture and markets law is amended by adding a new subdivision 5 to read as follows: 5. THE TERM "CHAIN STORE" MEANS A FOOD PROCESSING ESTABLISHMENT THAT IS PART OF A NETWORK OF SUBSIDIARIES, AFFILIATES, OR OTHER MEMBER STORES UNDER DIRECT OR INDIRECT CONTROL OF A CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR OTHER ORGANIZED ENTITY THAT, AS A GROUP, HAD ANNU- AL GROSS SALES IN THE PREVIOUS CALENDAR YEAR OF THREE MILLION DOLLARS OR MORE. S 2. Section 251-z-3 of the agriculture and markets law, as amended by section 1 of part N of chapter 58 of the laws of 2012, 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.
[Renewal applications]A RENEWAL APPLICATION shall be submitted to the commis- sioner 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-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08967-03-3 S. 4302 2
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. NOTWITHSTANDING THE PRECEDING, AN APPLI- CANT 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 DOLLARS IF ITS LICENSE EXPIRES BETWEEN SIX MONTHS AND ONE YEAR FROM THE DATE ITS LICENSE PERIOD BEGAN, THREE HUNDRED DOLLARS IF ITS LICENSE EXPIRES BETWEEN ONE YEAR AND EIGHTEEN MONTHS FROM THE DATE ITS LICENSE PERIOD BEGAN, OR FOUR HUNDRED DOLLARS IF ITS LICENSE EXPIRES BETWEEN EIGHTEEN MONTHS AND TWO YEARS FROM THE DATE ITS LICENSE PERIOD BEGAN. However, the license fee shall be nine hundred dollars for a food processing establishment determined by the commissioner, pursuant to duly promulgated regulations, to require more intensive regulatory oversight due to the volume of the products produced, the potentially hazardous nature of the product produced or the multiple number of processing operations conducted in the establish- ment.
[The license application for retail food stores shall be accompa- nied by documentation in a form approved by the commissioner which demonstrates that the food safety education program requirement has been met. The]A license shall take effect on the [date of issuance and continue for two years from such date.]FIRST DAY THE COMMISSIONER DETERMINES THAT THE APPLICANT PROCESSED FOOD WITHOUT A LICENSE THEREFOR OR ON THE DAY THE LICENSE IS ISSUED, WHICHEVER DAY IS EARLIEST. A RENEWED LICENSE SHALL TAKE EFFECT ON THE NEXT DAY AFTER THE DAY THAT THE PREVIOUS LICENSE PERIOD ENDED. EACH LICENSE AND RENEWED LICENSE SHALL CONTINUE FOR TWO YEARS FROM THE DAY THAT IT WAS FIRST EFFECTIVE. NOTWITHSTANDING THE PRECEDING, A LICENSE ISSUED TO AN APPLICANT THAT IS A CHAIN STORE SHALL EXPIRE ON THE DATE SET FORTH ON THE APPLICATION FORM PRESCRIBED BY THE COMMISSIONER FOR SUCH APPLICANT. S 3. The opening paragraph of section 251-z-5 of the agriculture and markets law, as added by chapter 863 of the laws of 1972, is amended and a new subdivision 9 is added to read as follows: The commissioner may [decline to grant a new license, may decline to renew a license, may]suspend or revoke a license already granted after due notice and opportunity for hearing, AND MAY DECLINE TO GRANT A NEW LICENSE OR RENEW A LICENSE ALREADY GRANTED, whenever he finds that: (9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY THE LICENSE FEE REQUIRED PURSUANT TO THIS ARTICLE FOR A PREVIOUS LICENSE PERIOD, OR HAS FAILED TO PAY A PENALTY IMPOSED FOR A VIOLATION OF THE PROVISIONS OF THIS ARTICLE OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO. S 4. This act shall take effect immediately.