NY Agric & Mkts L § 251-Z-3 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 20-C - Licensing of Food Processing Establishments 251-Z-3 - Licenses; Fees.

§  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   facilities  and  equipment  for  the  business to be conducted, that the   establishment 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 individual 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 waive the license fee for two years for a first  time   applicant  that  processes  food  in a kitchen incubator food processing   facility, which for the purposes of this section is  a  food  processing   facility used by multiple small and emerging food processing businesses,   including both full-time facility tenants and businesses that rent space   on  a  temporary  basis.  The commissioner shall prorate the license fee   paid by an applicant, if the applicant's food  processing  establishment   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   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   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   application form prescribed by the commissioner for such applicant.Notwithstanding any other provision of this section, an applicant that   is a "small-scale processor" shall pay a  license  fee  of  one  hundred    seventy-five  dollars  per facility. For the purposes of this section, a   "small-scale processor" shall be defined as a processor which operates a   food processing establishment that is not exempt from licensing pursuant   to  section two hundred fifty-one-z-four of this article, is not a chain   store, and employs no more than ten full time employees.