Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to refunding a fee for withdrawal from a food processing establishment
To pro-rate the license fee paid by applicants for a food processing establishment license in certain cases
SUMMARY OF PROVISIONS:
Section one amends Section 251-z-3 of the Agriculture and Markets Law, to allow for a pro rating of the license fee paid for a food establishment license by an applicant from an establishment that has as its only full time employees the owner or the owner's parent, spouse, or child, and/or not more than two full time employees, when that applicant vacates a food processing establishment more than six months prior to the expiration of the license period and, re-applies for a new license at another establishment within one year. The applicant's license cannot be suspended or revoked pursuant to
Section 251-z-5 of the Agriculture and Markets Law. The commissioner may establish rules and regulations governing the prorating of such fees and the application of such fees from a prior license to a new one.
Section two provides the effective date.
Under current law, if an applicant vacates a food processing establishment prior to the expiration of the license period, they forfeit the entire license fee paid for that biennial period.
Currently, an applicant must pay a $400 fee to obtain a food processing establishment license, or $900 in some cases, if the Commissioner determines the establishment requires more intensive regulatory oversight. The license fee covers a two year period, and the entire fee is paid at the beginning of that biennial period. If an applicant subsequently leaves or closes an establishment early, there is no provision in the law for any prorating of the fee paid.
In some cases, an applicant leaves one establishment to join another food processing establishment, and has had to pay fees twice - once to the old establishment and again to the new establishment. This is unfair and financially burdensome, especially to small food processors. This bill allows certain applicants to be reimbursed some of their fee when they leave a food establishment six months or more before the end of a
two year licensing period, so long as the fee has not been suspended or revoked under Section 251-z-5 of the Agriculture and Markets law.
None. This is a new bill.
LOCAL FISCAL IMPLICATIONS:
STATE OF NEW YORK ________________________________________________________________________ 6693--C Cal. No. 252 IN SENATE February 28, 2014 ___________Introduced by Sens. RITCHIE, RANZENHOFER, SEWARD -- 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 -- again amended and ordered reprinted, retaining its place in the order of third reading -- passed by Senate and delivered to the Assem- bly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third read- ing AN ACT to amend the agriculture and markets law, in relation to refund- ing a fee for withdrawal from a food processing establishment 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 260 of the laws of 2013, 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 establishmentEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13742-12-4 S. 6693--C 2
described in the application. THE COMMISSIONER SHALL PRORATE THE LICENSE FEE PAID BY AN APPLICANT, IF THE APPLICANT'S FOOD PROCESSING ESTABLISH- MENT 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 PROCESSING 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 ESTABLISHMENT, PROVIDED THE APPLICANT'S LICENSE HAS NOT BEEN SUSPENDED OR REVOKED PURSUANT TO SECTION TWO HUNDRED FIFTY-ONE-Z-FIVE OF THIS ARTICLE. 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 proc- essing 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 establishment. The license application for retail food stores shall be accompanied 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 applica- tion form prescribed by the commissioner for such applicant. S 2. This act shall take effect immediately.