2023 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.