Bill Text: NY A09169 | 2009-2010 | General Assembly | Introduced

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Bill Title: Reduces licensing fees for certain food processing establishments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to agriculture [A09169 Detail]

Download: New_York-2009-A09169-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9169
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                  September 30, 2009
                                      ___________
       Introduced  by  M.  of  A.  CHRISTENSEN -- read once and referred to the
         Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to  licens-
         ing fees for food processing establishments
         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  307  of  the laws of 2004, the second undesignated
    3  paragraph as amended by section 2 of part II of chapter 59 of  the  laws
    4  of 2009, is amended to read as follows:
    5    S  251-z-3.  Licenses; fees.  1. No person shall maintain or operate a
    6  food processing establishment unless licensed biennially by the  commis-
    7  sioner.    Application for a license to operate a food processing estab-
    8  lishment shall be made, upon a form prescribed by the  commissioner,  on
    9  or  before  the  fifteenth of the month preceding the applicable license
   10  period as herein prescribed. The license  period  shall  begin  February
   11  fifteenth  for  applicants  who  apply  for  a  license between February
   12  fifteenth and May fourteenth, May fifteenth for applicants who apply for
   13  a license between May fifteenth and August fourteenth, August  fifteenth
   14  for  applicants  who  apply  for  a license between August fifteenth and
   15  November fourteenth, and November fifteenth for applicants who apply for
   16  a license between November fifteenth and February fourteenth.
   17    2. The applicant shall furnish evidence of his or her good  character,
   18  experience  and  competency, that the establishment has adequate facili-
   19  ties and equipment for the business to be conducted, that the establish-
   20  ment is such that the cleanliness of the  premises  can  be  maintained,
   21  that  the  product  produced therein will not become adulterated and, if
   22  the applicant is a retail food store, that the applicant has an individ-
   23  ual in a position of management or control who has completed an approved
   24  food safety education program pursuant to section two hundred fifty-one-
   25  z-twelve of this article. The commissioner, if so satisfied, shall issue
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14572-03-9
       A. 9169                             2
    1  to the applicant, upon payment  of  the  license  fee  of  four  hundred
    2  dollars,   a  license  to  operate  the  food  processing  establishment
    3  described in the application. However, the license  fee  shall  be  nine
    4  hundred  dollars  for  a food processing establishment determined by the
    5  commissioner, pursuant to duly promulgated regulations, to require  more
    6  intensive  regulatory  oversight  due  to  the  volume  of  the products
    7  produced, the potentially hazardous nature of the  product  produced  or
    8  the multiple number of processing operations conducted in the establish-
    9  ment.   THE RENEWAL LICENSING FEE SHALL BE REDUCED BY TWENTY PERCENT FOR
   10  EACH YEAR OF THE PRECEDING TWO YEARS  THAT  A  BUSINESS  WHICH  HAS  THE
   11  LOWEST  INDICATOR  OF  POTENTIAL  HAZARD HAS ONE INSPECTION PER YEAR AND
   12  WHICH PASSES THE INSPECTION WITH NO CRITICAL  OR  GENERAL  DEFICIENCIES.
   13  THE  OWNER OF SUCH A BUSINESS SHALL BE ENTITLED TO THE TWENTY PERCENT OR
   14  THE MAXIMUM FORTY PERCENT LICENSING FEE REDUCTION IF AND ONLY IF A  COPY
   15  OF  THE  INSPECTION  SHOWING  NO CRITICAL OR GENERAL DEFICIENCIES FOR AT
   16  LEAST ONE OF THE PRECEDING TWO YEARS IS INCLUDED WITH THE RENEWAL APPLI-
   17  CATION. The license application for retail food stores shall be accompa-
   18  nied by documentation in a  form  approved  by  the  commissioner  which
   19  demonstrates that the food safety education program requirement has been
   20  met.  The license shall take effect on the date of issuance and continue
   21  until the last day of the applicable license period set  forth  in  this
   22  section.
   23    3.  Notwithstanding  any  other  provision of law to the contrary, the
   24  commissioner is hereby authorized and  directed  to  deposit  all  money
   25  received pursuant to this section in an account within the miscellaneous
   26  special revenue fund.
   27    S 2. This act shall take effect immediately.