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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9121--A
                                 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
       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
   22  LICENSE FEE PAID BY AN APPLICANT, IF THAT APPLICANT VACATES A FOOD PROC-
   23  ESSING ESTABLISHMENT SIX MONTHS OR MORE PRIOR TO THE EXPIRATION  OF  THE
   24  LICENSE  PERIOD, PROVIDED THE APPLICANT'S LICENSE HAS NOT BEEN SUSPENDED
   25  OR REVOKED PURSUANT TO SECTION  TWO  HUNDRED  FIFTY-ONE-Z-FIVE  OF  THIS
   26  ARTICLE.  Notwithstanding  the  preceding,  an applicant that is a chain
   27  store shall pay a license fee of one  hundred  dollars  if  its  license
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13742-05-4
       A. 9121--A                          2
    1  expires  six  months or less from the date its license period began, two
    2  hundred dollars if its license expires between six months and  one  year
    3  from  the  date  its  license period began, three hundred dollars if its
    4  license  expires  between one year and eighteen months from the date its
    5  license period began, or four hundred dollars  if  its  license  expires
    6  between  eighteen  months and two years from the date its license period
    7  began.  However, the license fee shall be nine  hundred  dollars  for  a
    8  food  processing  establishment determined by the commissioner, pursuant
    9  to duly promulgated regulations, to require  more  intensive  regulatory
   10  oversight  due  to  the volume of the products produced, the potentially
   11  hazardous nature of the product produced or the multiple number of proc-
   12  essing operations conducted in the establishment. The  license  applica-
   13  tion  for  retail food stores shall be accompanied by documentation in a
   14  form approved by the commissioner which demonstrates that the food safe-
   15  ty education program requirement has been met. The  license  shall  take
   16  effect  on  the  date  of  issuance and continue for two years from such
   17  date. Notwithstanding the preceding, a license issued  to  an  applicant
   18  that is a chain store shall expire on the date set forth on the applica-
   19  tion form prescribed by the commissioner for such applicant.
   20    S 2. This act shall take effect immediately.