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

                                  5863

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 9, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  waiver of a kitchen incubator processing license fee

  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  447  of  the  laws  of 2014, 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 WAIVE THE  LICENSE
FEE  FOR  TWO  YEARS FOR A FIRST TIME APPLICANT THAT PROCESSES FOOD IN A
KITCHEN INCUBATOR FOOD PROCESSING FACILITY, WHICH FOR  THE  PURPOSES  OF
THIS  SECTION  IS  A FOOD PROCESSING FACILITY USED BY MULTIPLE SMALL AND
EMERGING FOOD PROCESSING BUSINESSES, INCLUDING BOTH  FULL-TIME  FACILITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11244-01-5
              

S. 5863                             2

TENANTS AND BUSINESSES THAT RENT SPACE ON A TEMPORARY BASIS. The commis-
sioner shall prorate the license fee paid by an applicant, if the appli-
cant's food processing establishment 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 proc-
essing establishment six months or more prior to the expiration  of  the
license  period,  and,  within  one year of vacating such establishment,
applies for a new license associated with another food processing estab-
lishment, provided the applicant's license has  not  been  suspended  or
revoked  pursuant  to section two hundred fifty-one-z-five of this arti-
cle. The commissioner may establish rules and regulations governing  the
prorating  of such fees and/or the application of such fees from a prior
license to a new one. 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 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 proc-
essing  operations  conducted in the establishment. The license applica-
tion for retail food stores shall be accompanied by documentation  in  a
form approved by the commissioner which demonstrates that the food safe-
ty  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 applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect one year after it shall have become  a
law; provided, however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.