NY State Assembly Bill 2013-A9121C

Assembly Bill A9121C

Signed By Governor

2013-2014 Legislative Session

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2014	signed chap.447
Nov 10, 2014	delivered to governor
Jun 17, 2014	returned to assembly passed senate 3rd reading cal.252 substituted for s6693c referred to rules delivered to senate passed assembly
Jun 16, 2014	ordered to third reading rules cal.289 rules report cal.289 reported
Jun 11, 2014	amend and recommit to rules 9121c
Jun 10, 2014	reported referred to rules
Jun 03, 2014	reported referred to ways and means
May 28, 2014	print number 9121b
May 28, 2014	amend and recommit to agriculture
Mar 24, 2014	print number 9121a
Mar 24, 2014	amend and recommit to agriculture
Mar 19, 2014	referred to agriculture

Votes

- Jun 17, 2014 - Floor Vote
  A9121C
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2014
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Golden
      
      Hassell-Thompson
      
      Smith

Bill Amendments

Original

C (Active)

2013-A9121 - Details

See Senate Version of this Bill:: S6693
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-3, Ag & Mkts L

2013-A9121 - Summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

2013-A9121 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9121

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  refund-
  ing a fee for withdrawal from a food processing establishment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
amended  by  chapter  260  of  the  laws  of 2013, is amended to read as
follows:
  S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
processing establishment unless licensed biennially by the commissioner.
Application  for  a  license  to operate a food processing establishment
shall be made, upon a form prescribed by  the  commissioner.  A  renewal
application  shall be submitted to the commissioner at least thirty days
prior to the commencement of the next license period.
  The applicant shall furnish evidence of his  or  her  good  character,
experience  and  competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the  premises  can  be  maintained,
that  the  product  produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to the applicant, upon payment  of  the  license  fee  of  four  hundred
dollars,   a  license  to  operate  the  food  processing  establishment
described in the  application.    THE  COMMISSIONER  SHALL  PRORATE  THE
LICENSE FEE PAID BY AN APPLICANT, IF THAT APPLICANT VACATES A FOOD PROC-
ESSING  ESTABLISHMENT  SIX MONTHS OR MORE PRIOR TO THE EXPIRATION OF THE
LICENSE PERIOD, SO LONG AS THE APPLICANT'S FEE HAS NOT BEEN SUSPENDED OR
REVOKED PURSUANT TO SECTION TWO HUNDRED FIFTY-ONE-Z-FIVE OF  THIS  ARTI-
CLE.  Notwithstanding  the preceding, an applicant that is a chain store
shall pay a license fee of one hundred dollars if  its  license  expires
six  months  or less from the date its license period began, two hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13742-03-4

A. 9121                             2

dollars if its license expires between six months and one year from  the
date  its  license  period  began,  three hundred dollars if its license
expires between one year and eighteen months from the date  its  license
period  began,  or  four  hundred dollars if its license expires between
eighteen months and two years from the date its  license  period  began.
However,  the license fee shall be nine hundred dollars for a food proc-
essing establishment determined by the commissioner,  pursuant  to  duly
promulgated  regulations, to require more intensive regulatory oversight
due to the volume of the products produced,  the  potentially  hazardous
nature  of  the  product  produced  or the multiple number of processing
operations conducted in the establishment. The license  application  for
retail  food  stores  shall  be  accompanied  by documentation in a form
approved by the commissioner which demonstrates  that  the  food  safety
education  program  requirement  has  been  met.  The license shall take
effect on the date of issuance and continue  for  two  years  from  such
date.  Notwithstanding  the  preceding, a license issued to an applicant
that is a chain store shall expire on the date set forth on the applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

2013-A9121A - Details

See Senate Version of this Bill:: S6693
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-3, Ag & Mkts L

2013-A9121A - Summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

2013-A9121A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9121--A

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred 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 refund-
  ing a fee for withdrawal from a food processing establishment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  251-z-3  of  the agriculture and markets law, as
amended by chapter 260 of the laws  of  2013,  is  amended  to  read  as
follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall  be  made,  upon  a form prescribed by the commissioner. A renewal
application shall be submitted to the commissioner at least thirty  days
prior to the commencement of the next license period.
  The  applicant  shall  furnish  evidence of his or her good character,
experience and competency, that the establishment has  adequate  facili-
ties and equipment for the business to be conducted, that the establish-
ment  is  such  that  the cleanliness of the premises can be maintained,
that the product produced therein will not become  adulterated  and,  if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the  application.    THE  COMMISSIONER  SHALL PRORATE THE
LICENSE FEE PAID BY AN APPLICANT, IF THAT APPLICANT VACATES A FOOD PROC-
ESSING ESTABLISHMENT SIX MONTHS OR MORE PRIOR TO THE EXPIRATION  OF  THE
LICENSE  PERIOD, PROVIDED THE APPLICANT'S LICENSE HAS NOT BEEN SUSPENDED
OR REVOKED PURSUANT TO SECTION  TWO  HUNDRED  FIFTY-ONE-Z-FIVE  OF  THIS
ARTICLE.  Notwithstanding  the  preceding,  an applicant that is a chain
store shall pay a license fee of one  hundred  dollars  if  its  license

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13742-05-4

A. 9121--A                          2

expires  six  months or less from the date its license period began, two
hundred dollars if its license expires between six months and  one  year
from  the  date  its  license period began, three hundred dollars if its
license  expires  between one year and eighteen months from the date its
license period began, or four hundred dollars  if  its  license  expires
between  eighteen  months and two years from the date its license period
began.  However, the license fee shall be nine  hundred  dollars  for  a
food  processing  establishment determined by the commissioner, pursuant
to duly promulgated regulations, to require  more  intensive  regulatory
oversight  due  to  the volume of the products produced, the potentially
hazardous nature of the product produced or the multiple number of proc-
essing operations conducted in the establishment. The  license  applica-
tion  for  retail food stores shall be accompanied by documentation in a
form approved by the commissioner which demonstrates that the food safe-
ty education program requirement has been met. The  license  shall  take
effect  on  the  date  of  issuance and continue for two years from such
date. Notwithstanding the preceding, a license issued  to  an  applicant
that is a chain store shall expire on the date set forth on the applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

2013-A9121B - Details

See Senate Version of this Bill:: S6693
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-3, Ag & Mkts L

2013-A9121B - Summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

2013-A9121B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9121--B

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the agriculture and markets law, in relation to refund-
  ing a fee for withdrawal from a food processing establishment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  251-z-3  of  the agriculture and markets law, as
amended by chapter 260 of the laws  of  2013,  is  amended  to  read  as
follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall  be  made,  upon  a form prescribed by the commissioner. A renewal
application shall be submitted to the commissioner at least thirty  days
prior to the commencement of the next license period.
  The  applicant  shall  furnish  evidence of his or her good character,
experience and competency, that the establishment has  adequate  facili-
ties and equipment for the business to be conducted, that the establish-
ment  is  such  that  the cleanliness of the premises can be maintained,
that the product produced therein will not become  adulterated  and,  if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the application. THE COMMISSIONER MAY PRORATE THE LICENSE
FEE PAID BY AN APPLICANT, IF THE APPLICANT'S FOOD PROCESSING  ESTABLISH-
MENT  HAS  AS  ITS  ONLY  FULL  TIME  EMPLOYEES THE OWNER OR THE PARENT,
SPOUSE, OR CHILD OF THE OWNER,  AND/OR  NOT  MORE  THAN  TWO  FULL  TIME
EMPLOYEES, AND IF THAT APPLICANT VACATES A FOOD PROCESSING ESTABLISHMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13742-10-4

A. 9121--B                          2

SIX  MONTHS  OR MORE PRIOR TO THE EXPIRATION OF THE LICENSE PERIOD, AND,
WITHIN ONE YEAR OF  VACATING  SUCH  ESTABLISHMENT,  APPLIES  FOR  A  NEW
LICENSE  ASSOCIATED WITH ANOTHER FOOD PROCESSING ESTABLISHMENT, PROVIDED
THE  APPLICANT'S  LICENSE  HAS NOT BEEN SUSPENDED OR REVOKED PURSUANT TO
SECTION TWO HUNDRED FIFTY-ONE-Z-FIVE OF THIS ARTICLE.  THE  COMMISSIONER
MAY ESTABLISH RULES AND REGULATIONS GOVERNING THE PRORATING OF SUCH FEES
AND/OR  THE  APPLICATION OF SUCH FEES FROM A PRIOR LICENSE TO A NEW ONE.
Notwithstanding the preceding, an applicant that is a chain store  shall
pay  a  license  fee  of  one hundred dollars if its license expires six
months or less from the date  its  license  period  began,  two  hundred
dollars  if its license expires between six months and one year from the
date its license period began, three  hundred  dollars  if  its  license
expires  between  one year and eighteen months from the date its license
period began, or four hundred dollars if  its  license  expires  between
eighteen  months  and  two years from the date its license period began.
However, the license fee shall be nine hundred dollars for a food  proc-
essing  establishment  determined  by the commissioner, pursuant to duly
promulgated regulations, to require more intensive regulatory  oversight
due  to  the  volume of the products produced, the potentially hazardous
nature of the product produced or  the  multiple  number  of  processing
operations  conducted  in the establishment. The license application for
retail food stores shall be  accompanied  by  documentation  in  a  form
approved  by  the  commissioner  which demonstrates that the food safety
education program requirement has  been  met.  The  license  shall  take
effect  on  the  date  of  issuance and continue for two years from such
date. Notwithstanding the preceding, a license issued  to  an  applicant
that is a chain store shall expire on the date set forth on the applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

2013-A9121C (ACTIVE) - Details

See Senate Version of this Bill:: S6693
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §251-z-3, Ag & Mkts L

2013-A9121C (ACTIVE) - Summary

Provides that a person shall be refunded a prorated amount of his or her license fee if he or she leaves the food processing establishment.

2013-A9121C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9121--C

                          I N  A S S E M B L Y

                             March 19, 2014
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Ways and  Means  --  reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the agriculture and markets law, in relation to  refund-
  ing a fee for withdrawal from a food processing establishment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
amended  by  chapter  260  of  the  laws  of 2013, is amended to read as
follows:
  S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
processing establishment unless licensed biennially by the commissioner.
Application  for  a  license  to operate a food processing establishment
shall be made, upon a form prescribed by  the  commissioner.  A  renewal
application  shall be submitted to the commissioner at least thirty days
prior to the commencement of the next license period.
  The applicant shall furnish evidence of his  or  her  good  character,
experience  and  competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the  premises  can  be  maintained,
that  the  product  produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to the applicant, upon payment  of  the  license  fee  of  four  hundred
dollars,   a  license  to  operate  the  food  processing  establishment
described in the application. THE COMMISSIONER SHALL PRORATE THE LICENSE
FEE PAID BY AN APPLICANT, IF THE APPLICANT'S FOOD PROCESSING  ESTABLISH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13742-13-4

A. 9121--C                          2

MENT  HAS  AS  ITS  ONLY  FULL  TIME  EMPLOYEES THE OWNER OR THE PARENT,
SPOUSE, OR CHILD OF THE OWNER,  AND/OR  NOT  MORE  THAN  TWO  FULL  TIME
EMPLOYEES, AND IF THAT APPLICANT VACATES A FOOD PROCESSING ESTABLISHMENT
SIX  MONTHS  OR MORE PRIOR TO THE EXPIRATION OF THE LICENSE PERIOD, AND,
WITHIN ONE YEAR OF  VACATING  SUCH  ESTABLISHMENT,  APPLIES  FOR  A  NEW
LICENSE  ASSOCIATED WITH ANOTHER FOOD PROCESSING ESTABLISHMENT, PROVIDED
THE APPLICANT'S LICENSE HAS NOT BEEN SUSPENDED OR  REVOKED  PURSUANT  TO
SECTION  TWO  HUNDRED FIFTY-ONE-Z-FIVE OF THIS ARTICLE. THE COMMISSIONER
MAY ESTABLISH RULES AND REGULATIONS GOVERNING THE PRORATING OF SUCH FEES
AND/OR THE APPLICATION OF SUCH FEES FROM A PRIOR LICENSE TO A  NEW  ONE.
Notwithstanding  the preceding, an applicant that is a chain store shall
pay a license fee of one hundred dollars  if  its  license  expires  six
months  or  less  from  the  date  its license period began, two hundred
dollars if its license expires between six months and one year from  the
date  its  license  period  began,  three hundred dollars if its license
expires between one year and eighteen months from the date  its  license
period  began,  or  four  hundred dollars if its license expires between
eighteen months and two years from the date its  license  period  began.
However,  the license fee shall be nine hundred dollars for a food proc-
essing establishment determined by the commissioner,  pursuant  to  duly
promulgated  regulations, to require more intensive regulatory oversight
due to the volume of the products produced,  the  potentially  hazardous
nature  of  the  product  produced  or the multiple number of processing
operations conducted in the establishment. The license  application  for
retail  food  stores  shall  be  accompanied  by documentation in a form
approved by the commissioner which demonstrates  that  the  food  safety
education  program  requirement  has  been  met.  The license shall take
effect on the date of issuance and continue  for  two  years  from  such
date.  Notwithstanding  the  preceding, a license issued to an applicant
that is a chain store shall expire on the date set forth on the applica-
tion form prescribed by the commissioner for such applicant.
  S 2. This act shall take effect immediately.

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Assembly Bill A9121C

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MAGEE

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2013-A9121 - Details

2013-A9121 - Summary

2013-A9121 - Bill Text download pdf

2013-A9121A - Details

2013-A9121A - Summary

2013-A9121A - Bill Text download pdf

2013-A9121B - Details

2013-A9121B - Summary

2013-A9121B - Bill Text download pdf

2013-A9121C (ACTIVE) - Details

2013-A9121C (ACTIVE) - Summary

2013-A9121C (ACTIVE) - Bill Text download pdf

Comments