Bill Text: NY S02942 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to frozen desserts micro-business; permits manufacturers of frozen desserts to use shared-use kitchens; establishes a frozen desserts micro-business grant program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S02942 Detail]

Download: New_York-2021-S02942-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2942--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 26, 2021
                                       ___________

        Introduced  by Sens. COMRIE, BRISPORT -- read twice and ordered printed,
          and when printed to be committed 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  frozen
          desserts   micro-business  and  in  relation  to  establishing  frozen
          desserts micro-business grant program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph b of subdivision 3 of section 71-a of the agri-
     2  culture and markets law, as added by chapter 796 of the laws of 1974, is
     3  amended and two new paragraphs c and d are added to read as follows:
     4    b. "Plant" means any single  location  or  mobile  manufacturing  unit
     5  which  manufactures frozen desserts, or for a micro-business "plant" may
     6  include a shared-use kitchen where frozen desserts are manufactured.
     7    c. "Micro-business"  shall mean a business located in this state  that
     8  manufacturers frozen desserts and has twenty-five  or  fewer employees.
     9    d.  "Shared-use  kitchen"  shall  mean a commercial kitchen, incubator
    10  kitchen, community kitchen  or  other  food  preparation  facility  that
    11  provides  individuals  and  businesses  with kitchen space and access to
    12  commercial kitchen equipment in order to prepare food products and meals
    13  on a lease or rental basis.
    14    § 2. Section 71-a of the agriculture and markets  law  is  amended  by
    15  adding a new subdivision 5 to read as follows:
    16    5.  Frozen  dessert micro-businesses shall be permitted to manufacture
    17  frozen desserts by utilizing a shared-use kitchen,  provided  that  such
    18  shared-use  kitchen is properly licensed pursuant to section two hundred
    19  fifty-one-z-three of this chapter and  is  in  compliance  with  article
    20  twenty-C  of  this  chapter  and  related  rules  and regulations of the
    21  commissioner.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07589-02-1
        S. 2942--A                          2

     1    § 3. The agriculture and markets  law  is  amended  by  adding  a  new
     2  section 71-k-1 to read as follows:
     3    §  71-k-1.  Frozen  desserts  micro-business  grant  program.  1.  For
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    a.  "micro-business"  shall mean a business located in this state that
     7  manufacturers frozen desserts and has twenty-five  or  fewer  employees;
     8  and
     9    b.  "start-up  costs  and expenses" shall mean non-recurring costs and
    10  expenses associated with setting  up  a  business,  including,  but  not
    11  limited  to, accountant's fees, legal fees, registration fees, licensing
    12  fees,  advertising,  promotional  activities,  employee  training,   and
    13  related pre-opening or preliminary expenses.
    14    2.  There is hereby established a frozen desserts micro-business grant
    15  program to be administered by the department, in  conjunction  with  the
    16  empire state development corporation.
    17    3.  The  purpose of the program is to provide financial assistance for
    18  start-up costs and expenses needed by micro-businesses that  exclusively
    19  manufacture frozen desserts.
    20    4.  Any owner of a frozen desserts micro-business may submit an appli-
    21  cation for a grant pursuant to this section to the department.    Grants
    22  awarded pursuant to this section shall be used solely for start-up costs
    23  and  expenses incurred or anticipated to be incurred by such micro-busi-
    24  ness.  Application for such grants shall be in a manner and form  to  be
    25  determined by the commissioner.
    26    5.  The  commissioner,  upon  review  of  an application from a frozen
    27  desserts micro-business,  shall  determine  if  such  micro-business  is
    28  eligible  for a grant pursuant to this section. If eligible, the commis-
    29  sioner shall make the determination as to the amount of the grant needed
    30  by such micro-business for start-up costs and  expenses,  provided  that
    31  such amount shall in no event exceed ten thousand dollars.
    32    6.  This  program shall be funded through annual appropriations of the
    33  legislature or any other funds received by the state for the purposes of
    34  this section. Grants shall only be awarded based upon  the  availability
    35  of funds.
    36    § 4. This act shall take effect immediately; provided that section two
    37  of  this act shall take effect on the one hundred twentieth day after it
    38  shall have become a law. Effective immediately, the addition,  amendment
    39  and/or repeal of any rule or regulation necessary for the implementation
    40  of  this  act  on  its  effective  date  are  authorized  to be made and
    41  completed on or before such effective date.