Bill Text: NY S06112 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to enacting the homemade business opportunity act; instructs the commissioner to make various changes to the current home-processed food production rules and regulations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO AGRICULTURE [S06112 Detail]

Download: New_York-2017-S06112-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6112
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to enacting
          the homemade business opportunity act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "homemade business opportunity act".
     3    § 2.   Legislative intent. Every day,  New  Yorkers  are  using  their
     4  skills, talents and creativity to build home kitchen-based businesses to
     5  provide  unique, quality food products, increasingly sourced using local
     6  ingredients for direct sale to  consumers,  farmers  markets  and  other
     7  retail  outlets.  By  practicing  and perfecting their products, many of
     8  these craft culinary enterprises have succeeded and grown into  thriving
     9  and  vibrant small businesses, creating jobs, supporting local economies
    10  and local farmers. It is the legislature's  intent  that  home  kitchen-
    11  based or "cottage food" entrepreneurs should be supported and encouraged
    12  in their efforts. The homemade business opportunity act modernizes regu-
    13  lations  impacting  these enterprises and reduces artificial barriers to
    14  business growth, and expands potential markets and products that can  be
    15  offered  for  direct  and indirect sales to consumers, while recognizing
    16  the state's legitimate interest in preserving food  product  safety  and
    17  public health.
    18    §  3.    The  agriculture  and  markets law is amended by adding a new
    19  section 16-b to read as follows:
    20    §  16-b.  Homemade  business  opportunities.  The  commissioner  shall
    21  promulgate  rules  and  regulations to execute and carry into effect the
    22  following:
    23    1. An expansion of the types of foods that can be  home-processed  and
    24  offered for sale to include the following:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11679-01-7
        S. 6112                             2
     1    (a)  raw  nuts  and  nut  mixes,  provided, however that such nuts are
     2  purchased from a commercial source that meets all standards set forth in
     3  this chapter;
     4    (b) chocolate;
     5    (c) baked goods prepared with fruits and vegetables;
     6    (d) cereals;
     7    (e) granola;
     8    (f) trail mixes;
     9    (g) dried garden vegetables;
    10    (h) dried soup mixes;
    11    (i) dried fruits;
    12    (j) honey;
    13    (k) seasoning salts;
    14    (l) dry baking mixes; and
    15    (m) dried pasta;
    16    2.  No  limits  on the number of ingredients included in any home-pro-
    17  cessed item;
    18    3. Standards that allow producers to safely process pickles and  other
    19  products including oils and flavored vinegars;
    20    4.  Continual  input  from stakeholders in an effort to maximize home-
    21  processed food opportunities while also ensuring public safety;
    22    5. An annual review and update of  all  approved  home-processed  food
    23  items;
    24    6.  A  mechanism by which producers can petition for the authorization
    25  of new approved home-processed food items;
    26    7. An annually updated list of approved commercial kitchens  that  are
    27  accessible to home-processed food producers, including information about
    28  fees and other requirements;
    29    8. Approved home-processed product venues and methods of sale:
    30    (a) wholesale markets;
    31    (b)  retail  agricultural  venues  such as farms, farm stands, farmers
    32  markets, green markets, craft fairs and flea markets;
    33    (c) producers' homes, subject to local zoning restrictions;
    34    (d) community-supported agriculture entities;
    35    (e) direct internet sales within New York state; provided  that  sales
    36  equaling  fifty  thousand  dollars  or more per year shall trigger addi-
    37  tional inspection and permit requirements under article twenty-c of this
    38  chapter, however all licensing  fees  shall  be  waived  for  farm-based
    39  producers; and
    40    (f)  indirect  sales  to  restaurants, retailers and grocers; provided
    41  that sales equaling fifty thousand dollars or more per year shall  trig-
    42  ger additional inspection and permit requirements under article twenty-c
    43  of  this  chapter,  however all licensing fees shall be waived for farm-
    44  based producers; and
    45    9. In conjunction with the commissioner of the department  of  health,
    46  standardized  training  for  local  health  and  food safety agencies to
    47  ensure consistent enforcement and guidance  for  home-processed  product
    48  producers.
    49    § 4. This act shall take effect immediately.