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

                                  7650

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Agriculture

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
              

A. 7650                             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.