NY State Senate Bill 2017-S7840

Senate Bill S7840

2017-2018 Legislative Session

Relates to expanding the types of goods made and the methods of sale used by home processors

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2018	referred to agriculture

2017-S7840 (ACTIVE) - Details

See Assembly Version of this Bill:: A10243
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §16-b, Ag & Mkts L

2017-S7840 (ACTIVE) - Summary

Relates to expanding the types of goods made and the methods of sale used by home processors to include direct and indirect internet sales; home-based in-person sales; home-based delivery services; and community-supported agriculture subscriptions.

2017-S7840 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7840

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to expanding the types of goods made and the methods of sale
used by home processors

 
PURPOSE:

To expand the types of goods made and the methods of sale used by home
processors

 
SUMMARY OF PROVISIONS:

Section one adds a new section to the agriculture and markets law to
call upon the commissioner to promulgate rules and regulations regarding
homemade products.

Section two provides the effective date.

EXISTING LAW:

This bill adds a new section to the agriculture and markets law concern-
ing homemade products.

 
JUSTIFICATION:

New York State is home to thousands of home and kitchen-based businesses
that produce a variety of products like breads, rolls, cookies, brow-
nies, jams and candy. They often produce unique, quality food products,
increasingly sourced using local ingredients that can provide important
new markets for New York's 30,000 family farms.

This bill would permit online, delivery, restaurant and subscription
(i.e., Community Supported Agriculture) sales of home processed goods.
There are more than 2,800 registered home processors in New York who
have used their talents, skills and good taste in the kitchen to create
lucrative home-based businesses. Current regulations limit the types of
food products that can be offered for sale to the public and, while home
processors can advertise online, they cannot make sales via the Inter-
net. More than half of states allow online sales. Expanding markets for
home processors through online sales, as well as allowing deliveries and
direct sales would expand opportunities for success, and has the poten-
tial to launch tens of thousands of careers for aspiring chefs.

Modernizing the Empire State's antiquated regulatory approach is vital
to helping more New Yorkers open their own home-based and kitchen-based
businesses. Easing outdated rules on sales is critical to their success.
New York needs to allow these home-based small businesses to grow and
compete using the same marketing tools as their out-of-state and inter-
national competitors. Allowing these small businesses to market quality,
locally made food products by using the internet, social media, home-
based in-person sales, home-based delivery services and community
supported agriculture subscriptions will help them find new customers
and compete with corporate and foreign competitors.

New York also needs to bring the state into line with other states that
currently allow a variety of additional ingredients, like commercially
processed nuts and food products that can be produced in home kitchens
without compromising food safety.  New York has an important opportunity
to allow more people to share their skills, talents and passion for food
products by cutting red tape and modernizing its approach. Reforming
Albany's regulations can help unleash the creativity and entrepreneurial
spirit of New Yorkers to potentially create thousands of new small busi-
nesses from nothing more than the skills, talents and passions of indi-
vidual entrepreneurs.

Amending the law will reduce artificial barriers to business growth,
expand potential markets and help these entrepreneurs compete and grow
their businesses.

 
LEGISLATIVE HISTORY:

None. This is new legislation.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Immediately.

2017-S7840 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7840
 
                             I N  S E N A T E
 
                               March 1, 2018
                                ___________
 
 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  expand-
   ing  the  types  of  goods  made  and the methods of sale used by home
   processors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 16-b to read as follows:
   § 16-B. HOMEMADE PRODUCTS. THE COMMISSIONER SHALL PROMULGATE RULES AND
 REGULATIONS TO EXECUTE AND CARRY INTO EFFECT THE FOLLOWING:
   1. A REVIEW OF THE INGREDIENTS AND FOODS HOME PROCESSORS ARE PROHIBIT-
 ED FROM USING AND MAKING;
   2. IN CONSULTATION WITH THE DEPARTMENT  OF  HEALTH,  MODIFICATIONS  TO
 EXPAND  THE INGREDIENTS THAT MAY BE USED AND THE TYPES OF GOODS THAT MAY
 BE OFFERED FOR SALE BY HOME PROCESSORS CONSISTENT WITH THE STANDARDS AND
 BEST PRACTICES OF FOOD SAFETY; AND
   3. APPROVED HOME-PROCESSED PRODUCT METHODS  OF  SALE  TO  INDIVIDUALS,
 RESTAURANTS, RETAILERS AND GROCERS:
   (A) DIRECT AND INDIRECT INTERNET SALES;
   (B) HOME-BASED IN-PERSON SALES;
   (C) HOME-BASED DELIVERY SERVICES; AND
   (D) COMMUNITY-SUPPORTED AGRICULTURE SUBSCRIPTIONS.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14901-03-8

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