Amends the agriculture and markets law, exempting certain institutions from the definition of a food processing establishment

5 Co-sponsors

• Mark Grisanti
• Owen H. Johnson
• William J. Larkin Jr.
• Michael H. Ranzenhofer
• Patty Ritchie

BILL NUMBER:S2370A

Title of bill

An act to amend the agriculture and markets law, in relation to exempting 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

Purpose

The purpose of the legislation is to allow individuals who produce a small amount of homemade baked goods, spices and powders to sell their wares at farmers' markets and roadside stands without being required to obtain an Article 20-C food processing establishment license.

Summary of provisions

Section 1 of the bill amends subdivision 3 of section 251-z-2 of the agriculture and markets law to provide an exemption from the definition of "food processing establishment" for establishments that are engaged in the processing of homemade baked goods, spice or powders, including garlic powder, to be sold exclusively at farmers' markets or roadside stands.

Section 2 amends subdivision 4 of section 251-z-2 of the agriculture and markets law to include the processing of foods by "grinding" within the definition of "processing."

Section 3 amends section 251-z-2 of the agriculture and markets law by adding subdivision 5 to define "garlic powder."

Section 4 provides the effective date.

Existing law

Current law provides exemptions for the following establishments: those that process and manufacture food sold exclusively at retail for consumption on the premises; those that cut meat and sell it at retail on the premises; bottled and bulk water facilities; establishments under permit/inspection by the Department of Health; establishments under federal meat, poultry or egg product inspection; those engaged solely in the harvesting, storage, or distribution of one or more raw agricultural commodities.

Part 276.4 of the Ag & Markets regulations provide further exemptions for processors of maple syrup, honey and home-processed foods.

Justification

The current article 20-c requirements, while appropriate for large food processing establishments, are overly burdensome and cost-prohibitive for many smaller operations. Among other requirements, article 20-c requires individuals to process their products in commercial facilities. As most individuals do not have commercial kitchens in their homes, finding commercial facilities to use may be difficult and costly. For individuals who process a very small amount of homemade goods and sell their products exclusively at farmers' markets or roadside stands, the requirements

of article 20-c are simply not necessary. By easing some of these burdensome requirements, we can encourage and promote the production of healthy locally produced foods and other products.

Legislative history

S.7069 of 2010.

Fiscal implications

Minimal.

Effective date

Immediately.