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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2370--A
           Cal. No. 199
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 19, 2011
                                      ___________
       Introduced  by  Sens.  SEWARD,  GRISANTI,  JOHNSON, LARKIN, RANZENHOFER,
         RITCHIE -- read twice and ordered printed,  and  when  printed  to  be
         committed  to  the Committee on Agriculture -- reported favorably from
         said committee, ordered to first and second report, ordered to a third
         reading, amended and ordered reprinted, retaining  its  place  in  the
         order of third reading
       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;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05843-02-1
       S. 2370--A                          2
    1  establishments under federal meat, poultry or  egg  product  inspection;
    2  [or]  establishments  engaged  solely  in  the  harvesting,  storage, or
    3  distribution of one or more raw agricultural commodities which are ordi-
    4  narily  cleaned,  prepared,  treated or otherwise processed before being
    5  marketed to the consuming public; OR ESTABLISHMENTS THAT ARE ENGAGED  IN
    6  THE  PROCESSING  OF  HOMEMADE  BAKED GOODS, SPICES OR POWDERS, INCLUDING
    7  GARLIC POWDER, TO BE SOLD EXCLUSIVELY AT FARMERS'  MARKETS  OR  ROADSIDE
    8  STANDS.
    9    S  2.  Subdivision 4 of section 251-z-2 of the agriculture and markets
   10  law, as added by chapter 863 of the laws of 1972, is amended to read  as
   11  follows:
   12    4. The term "processing" means processing foods in any manner, such as
   13  by  manufacturing,  canning,  preserving, freezing, drying, dehydrating,
   14  juicing, GRINDING, pickling, baking, brining, bottling, packing, repack-
   15  ing, pressing, waxing, heating or cooking, or otherwise treating food in
   16  such a way as to create a risk that it may become adulterated if improp-
   17  erly handled.
   18    S 3. Section 251-z-2 of the agriculture and markets law is amended  by
   19  adding a new subdivision 5 to read as follows:
   20    5.  GARLIC  POWDER SHALL MEAN THE RESULTING POWDER FROM GRINDING DEHY-
   21  DRATED GARLIC (ALLIUM SATIVUM) INTO A POWDER FORM.
   22    S 4. This act shall take effect immediately.