Bill Text: NY A09121 | 2013-2014 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-11-21 - signed chap.447 [A09121 Detail]

Download: New_York-2013-A09121-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9121--C
                                 I N  A S S E M B L Y
                                    March 19, 2014
                                      ___________
       Introduced  by M. of A. MAGEE -- read once and referred to the Committee
         on  Agriculture  --  committee  discharged,  bill   amended,   ordered
         reprinted  as  amended  and  recommitted  to  said  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended  and recommitted to said committee -- reported and referred to
         the Committee on Ways and  Means  --  reported  and  referred  to  the
         Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
         ordered reprinted as amended and recommitted to the Committee on Rules
       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:
    1    Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
    2  amended  by  chapter  260  of  the  laws  of 2013, is amended to read as
    3  follows:
    4    S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
    5  processing establishment unless licensed biennially by the commissioner.
    6  Application  for  a  license  to operate a food processing establishment
    7  shall be made, upon a form prescribed by  the  commissioner.  A  renewal
    8  application  shall be submitted to the commissioner at least thirty days
    9  prior to the commencement of the next license period.
   10    The applicant shall furnish evidence of his  or  her  good  character,
   11  experience  and  competency, that the establishment has adequate facili-
   12  ties and equipment for the business to be conducted, that the establish-
   13  ment is such that the cleanliness of the  premises  can  be  maintained,
   14  that  the  product  produced therein will not become adulterated and, if
   15  the applicant is a retail food store, that the applicant has an individ-
   16  ual in a position of management or control who has completed an approved
   17  food safety education program pursuant to section two hundred fifty-one-
   18  z-twelve of this article. The commissioner, if so satisfied, shall issue
   19  to the applicant, upon payment  of  the  license  fee  of  four  hundred
   20  dollars,   a  license  to  operate  the  food  processing  establishment
   21  described in the application. THE COMMISSIONER SHALL PRORATE THE LICENSE
   22  FEE PAID BY AN APPLICANT, IF THE APPLICANT'S FOOD PROCESSING  ESTABLISH-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13742-13-4
       A. 9121--C                          2
    1  MENT  HAS  AS  ITS  ONLY  FULL  TIME  EMPLOYEES THE OWNER OR THE PARENT,
    2  SPOUSE, OR CHILD OF THE OWNER,  AND/OR  NOT  MORE  THAN  TWO  FULL  TIME
    3  EMPLOYEES, AND IF THAT APPLICANT VACATES A FOOD PROCESSING ESTABLISHMENT
    4  SIX  MONTHS  OR MORE PRIOR TO THE EXPIRATION OF THE LICENSE PERIOD, AND,
    5  WITHIN ONE YEAR OF  VACATING  SUCH  ESTABLISHMENT,  APPLIES  FOR  A  NEW
    6  LICENSE  ASSOCIATED WITH ANOTHER FOOD PROCESSING ESTABLISHMENT, PROVIDED
    7  THE APPLICANT'S LICENSE HAS NOT BEEN SUSPENDED OR  REVOKED  PURSUANT  TO
    8  SECTION  TWO  HUNDRED FIFTY-ONE-Z-FIVE OF THIS ARTICLE. THE COMMISSIONER
    9  MAY ESTABLISH RULES AND REGULATIONS GOVERNING THE PRORATING OF SUCH FEES
   10  AND/OR THE APPLICATION OF SUCH FEES FROM A PRIOR LICENSE TO A  NEW  ONE.
   11  Notwithstanding  the preceding, an applicant that is a chain store shall
   12  pay a license fee of one hundred dollars  if  its  license  expires  six
   13  months  or  less  from  the  date  its license period began, two hundred
   14  dollars if its license expires between six months and one year from  the
   15  date  its  license  period  began,  three hundred dollars if its license
   16  expires between one year and eighteen months from the date  its  license
   17  period  began,  or  four  hundred dollars if its license expires between
   18  eighteen months and two years from the date its  license  period  began.
   19  However,  the license fee shall be nine hundred dollars for a food proc-
   20  essing establishment determined by the commissioner,  pursuant  to  duly
   21  promulgated  regulations, to require more intensive regulatory oversight
   22  due to the volume of the products produced,  the  potentially  hazardous
   23  nature  of  the  product  produced  or the multiple number of processing
   24  operations conducted in the establishment. The license  application  for
   25  retail  food  stores  shall  be  accompanied  by documentation in a form
   26  approved by the commissioner which demonstrates  that  the  food  safety
   27  education  program  requirement  has  been  met.  The license shall take
   28  effect on the date of issuance and continue  for  two  years  from  such
   29  date.  Notwithstanding  the  preceding, a license issued to an applicant
   30  that is a chain store shall expire on the date set forth on the applica-
   31  tion form prescribed by the commissioner for such applicant.
   32    S 2. This act shall take effect immediately.