Bill Text: NY S02370 | 2011-2012 | General Assembly | Introduced


Bill Title: Exempts 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.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S02370 Detail]

Download: New_York-2011-S02370-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2370
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 19, 2011
                                      ___________
       Introduced  by  Sens.  SEWARD, GRISANTI, JOHNSON, LARKIN, RANZENHOFER --
         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 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.
                                                                  LBD05843-01-1
       S. 2370                             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  TO  BE  SOLD
    4  EXCLUSIVELY AT FARMERS' MARKETS OR ROADSIDE STANDS.
    5    S  2.  Subdivision 4 of section 251-z-2 of the agriculture and markets
    6  law, as added by chapter 863 of the laws of 1972, is amended to read  as
    7  follows:
    8    4. The term "processing" means processing foods in any manner, such as
    9  by  manufacturing,  canning,  preserving, freezing, drying, dehydrating,
   10  juicing, GRINDING, pickling, baking, brining, bottling, packing, repack-
   11  ing, pressing, waxing, heating or cooking, or otherwise treating food in
   12  such a way as to create a risk that it may become adulterated if improp-
   13  erly handled.
   14    S 3. This act shall take effect immediately.
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