Relates to the issuance and expiration of food processing establishment licenses.
Ayes (60): Adams, Addabbo, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Avella, Espaillat
Excused (1): Martins
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 processors.
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.
Section 3 of the bill would make the bill effective immediately.
Existing Law: 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.
Legislative History: 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 a food processing license individually every two years upon the expiration of its 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.
Under such process, the $400 license fee for each store that is part of a chain would be pro-rated over six-month periods. Thus, a chain store operator, when filing a single application for ail of its stores, would pay a license fee of $100 for each affiliated store with a license set to expire within six months, a license fee of $200 for each affiliated store with a license set to expire within one year, and a $300 license fee for each affiliated store with a license 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.
Budget Implications: None.
Local Impact: None.
Effective Date: Effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 4302--A Cal. No. 407 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. 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, ifEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08967-04-3 S. 4302--A 2
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. 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 license shall take effect on the date of issuance and continue for two years from such date. 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. This act shall take effect immediately.