What's happening
This bill requires the state to exempt small food processors, including pickling operations, from certain licensing requirements if consumer protection is not impaired.
Why it matters
Shifts agency discretion to a mandate. The bill changes the law so that the agriculture commissioner must (rather than may) provide exemptions for small food processors if consumer protection is not compromised, making it harder for the state to deny exemptions arbitrarily.
Broadens scope to include pickling and similar methods. By specifically mentioning pickling and other processing methods, the bill recognizes and supports the diversity of small-scale food production, potentially encouraging local food entrepreneurs and specialty producers.
Reduces regulatory barriers with consumer safeguards. Small processors can avoid burdensome licensing requirements, but only if public health is not at risk, balancing support for small businesses with ongoing sanitation and recordkeeping expectations.
Potential for rural and local economic impact. Easing these regulations could foster local food economies, help farmers and artisans diversify their products, and reduce entry barriers for small-scale food businesses, particularly in rural or underserved communities.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Exempt Pickle Makers From Licensing
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Referred to agriculture
- Reported and committed to finance
- Referred to agriculture
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1026
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. BONACIC -- 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 an exemption from the small food processing licensing requirements for pickling
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 251-z-4 of the agriculture and markets law, as added by chapter 863 of the laws of 1972, is amended to read as follows:
§ 251-z-4. Exemptions. In addition to the exemptions specified in subdivision three of section two hundred fifty-one-z-two of this article, the commissioner [may] shall, if he or she determines that the protection of the consumers of the state as a whole will not be impaired by such action, provide by regulation for exemption from licensing of small food processing establishments, for the processing of food by means including, but not limited to, pickling, when he or she finds that such exemptions would avoid unnecessary regulation and assist in the administration of this article without impairing its purposes. Regulations defining such exemptions may classify exempted establishments with respect to the volume and types of food handled, the types of processing involved, or with respect to any other factor or combination thereof which bear a reasonable relation to the purposes of this article. Such exemptions may be conditioned upon requirements relating to sanitation, record keeping and reporting as the commissioner may require.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effective date, are authorized and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04900-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to an exemption from the small food processing licensing requirements for pickling
Purpose
This bill would direct the Commissioner of Agriculture and Markets to include pickling within the purview of the "Home Processor" exemption to the food processor licensing requirements.
Summary of provisions
Section 1: Amends section 251-z-4 of the Agriculture and Markets Law to require the Commissioner of Agriculture and Markets provide by regulation for the inclusion of pickling under the "Home Processor" exemption to the food processor licensing requirements if he or she determines that the protection of the consumers of the state as a whole will not be impaired by such action.
Section 2: Effective date.
Justification
Currently many farmers take advantage of the so called "Home Processor" exemption from the licensing requirements placed upon food processors, to turn surplus fruits into jams or jellies. However this exemption does not currently extend to the pickling of vegetables Markets to include pickling under the exemption if he or she determines that the protection of the consumers of the state as a whole will not be impaired by such action.
Legislative history
S.1374 of 2016: Died in Senate Finance S.1374 of 2015: Died in Senate Finance S.4793 of 2014: Died in Senate Finance S.4793 of 2013: Died in Senate Finance
Fiscal implications
Minimal to State.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effective date, are authorized and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.