S T A T E O F N E W Y O R K
________________________________________________________________________
5485--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 22, 2011
___________
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 exempt-
ing certain institutions involved in the processing of homemade baked
goods, spices, and powders, sold only at farmers' markets and roadside
stands from the definition of 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. Subdivision 3 of section 251-z-2 of the agriculture and
2 markets law, as amended by chapter 507 of the laws of 1973, is amended
3 to read as follows:
4 3. The term "food processing establishment" means any place which
5 receives food or food products for the purpose of processing or other-
6 wise adding to the value of the product for commercial sale. It
7 includes, but is not limited to, bakeries, processing plants, beverage
8 plants and food manufactories. However, the term does not include: those
9 establishments that process and manufacture food or food products that
10 are sold exclusively at retail for consumption on the premises; those
11 operations which cut meat and sell such meat at retail on the premises;
12 bottled and bulk water facilities; those food processing establishments
13 which are covered by articles four, [four-a, five-a, five-b, five-c,
14 five-d, seventeen-b, nineteen, twenty-b, and twenty-one] FOUR-A, FIVE-A,
15 FIVE-B, FIVE-C, FIVE-D, SEVENTEEN-B, NINETEEN AND TWENTY-ONE, AND FORMER
16 ARTICLE TWENTY-B of this chapter; service food establishments, including
17 vending machine commissaries, under permit and inspection by the state
18 department of health or by a local health agency which maintains a
19 program certified and approved by the state commissioner of health;
20 establishments under federal meat, poultry or egg product inspection;
21 [or] establishments engaged solely in the harvesting, storage, or
22 distribution of one or more raw agricultural commodities which are ordi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05843-03-1
A. 5485--A 2
1 narily cleaned, prepared, treated or otherwise processed before being
2 marketed to the consuming public; OR ESTABLISHMENTS THAT ARE ENGAGED IN
3 THE PROCESSING OF HOMEMADE BAKED GOODS, SPICES OR POWDERS, INCLUDING
4 GARLIC POWDER, TO BE SOLD EXCLUSIVELY AT FARMERS' MARKETS OR ROADSIDE
5 STANDS.
6 S 2. Subdivision 4 of section 251-z-2 of the agriculture and markets
7 law, as added by chapter 863 of the laws of 1972, is amended to read as
8 follows:
9 4. The term "processing" means processing foods in any manner, such as
10 by manufacturing, canning, preserving, freezing, drying, dehydrating,
11 juicing, GRINDING, pickling, baking, brining, bottling, packing, repack-
12 ing, pressing, waxing, heating or cooking, or otherwise treating food in
13 such a way as to create a risk that it may become adulterated if improp-
14 erly handled.
15 S 3. Section 251-z-2 of the agriculture and markets law is amended by
16 adding a new subdivision 5 to read as follows:
17 5. GARLIC POWDER SHALL MEAN THE RESULTING POWDER FROM GRINDING DEHY-
18 DRATED GARLIC (ALLIUM SATIVUM) INTO A POWDER FORM.
19 S 4. This act shall take effect immediately.