§ 251-Z-1 Declaration of policy and purpose
§ 251-Z-2 Definitions
§ 251-Z-3 Licenses; fees
§ 251-Z-4 Exemptions
§ 251-Z-5 Granting, suspending or revoking licenses
§ 251-Z-6 Review
§ 251-Z-7 Records to be kept by licensee
§ 251-Z-8 Power of commissioner to investigate
§ 251-Z-9 Rules and regulations
§ 251-Z-10 Penalties
§ 251-Z-11 Remedies
§ 251-Z-12 Food safety education
§ 251-Z-13 Severability

Terms Used In New York Laws > Agriculture and Markets > Article 20-C - Licensing of Food Processing Establishments

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency preservation officer: means the commissioner, director or chairperson of any state department, agency, board, commission, public benefit corporation or public authority, or his representative identified in accordance with the provisions of subdivision two of section 14. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: shall mean an individual who has filed an application with the department for a security guard registration card. See N.Y. General Business Law 89-F
  • Applicant: means an individual who has filed an application with the department for a registration card. See N.Y. General Business Law 89-PPP
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Armored car carrier: means any individual, partnership, association, limited liability company, corporation, or any other entity, engaging in the business of providing armored car services for hire. See N.Y. General Business Law 89-BBB
  • Armored car carrier: has the meaning ascribed to that term by subdivision six of section eighty-nine-bbb of this chapter. See N.Y. General Business Law 89-PPP
  • Armored car guard: has the meaning ascribed to that term by subdivision eight of section eighty-nine-ppp of this chapter. See N.Y. General Business Law 89-BBB
  • Armored car guard: means an individual employed by an armored car carrier to provide armored car services and who carries a firearm or is authorized by the employer to access a firearm when providing armored car services, and who holds a conditional letter of authority or a valid registration card issued by the department pursuant to the provisions of this article. See N.Y. General Business Law 89-PPP
  • Armored car services: means engaging in the business of providing secured transportation, protection and safeguarding of valuable cargo from one place or point to another, including the provision of cash services for automated teller machines, by means of specially designed and constructed bullet-resistant armored vehicles and armored car guards. See N.Y. General Business Law 89-BBB
  • Armored car services: has the meaning ascribed to that term by subdivision seven or section eighty-nine-bbb of this chapter. See N.Y. General Business Law 89-PPP
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • board: means the board of trustees of the state university of New York. See N.Y. Education Law 390
  • Board: means the state board for historic preservation. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • Chairman: means the chairman of the state board for historic preservation. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • Claimant: means a person who asserts ownership or some other legal right to undocumented property held by the office. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
  • Commissioner: shall mean the commissioner of the division of criminal justice services. See N.Y. General Business Law 89-F
  • Commissioner: means the commissioner of the division of criminal justice services. See N.Y. General Business Law 89-BBB
  • Commissioner: means the commissioner of the division of criminal justice services. See N.Y. General Business Law 89-PPP
  • Commissioner: shall mean the commissioner of parks, recreation and historic preservation or, for projects in the sixth region, the commissioner of environmental conservation. See N.Y. Parks, Recreation and Historic Preservation Law 17.01
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • company: as used in this article , includes all corporations, whether created under the laws of this state, or of the United States, or of those of any other state or nation. See N.Y. General Business Law 115
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation measures: means any actions taken to preserve or stabilize a property including, but not limited to, proper storage support, cleaning, proper lighting, and restoration. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of state. See N.Y. General Business Law 69-L
  • Department: shall mean the department of state. See N.Y. General Business Law 89-F
  • Department: means the department of state. See N.Y. General Business Law 89-BBB
  • Department: means the department of state. See N.Y. General Business Law 89-PPP
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: shall mean the division of criminal justice services. See N.Y. General Business Law 89-F
  • Division: means the division of criminal justice services. See N.Y. General Business Law 89-BBB
  • Division: means the division of criminal justice services. See N.Y. General Business Law 89-PPP
  • Donor: The person who makes a gift.
  • electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See N.Y. Education Law 390
  • electing employer: means a community college which elects to offer the optional retirement program as herein provided. See N.Y. Education Law 390
  • eligible employees: means those employees in positions requiring the performance of educational functions in teacher education, agriculture, home economics, forestry, ceramics, liberal and applied arts and sciences, engineering, technical skills, crafts, business education, labor and industrial relations, medicine, dentistry, veterinary medicine, pharmacy, nursing, law, public affairs, maritime officer training, academic administration, library service, student activities, student personnel service and other professions required to carry on the work of the state university and the colleges, schools, institutes, research centers, facilities and institutions comprising it and of the community colleges. See N.Y. Education Law 390
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive officer: shall mean :
    (a) In the case of a county, the county executive unless there is none, in which case it shall mean the county manager if there is one, or the chairman of the county legislative body if there is neither a county executive nor county manager. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Highway: shall mean the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Historic preservation: means for the purposes of this article and notwithstanding any other provision of law, the study, designation, protection, restoration, rehabilitation and use of buildings, structures, historic districts, areas, and sites significant in the history, architecture, archeology or culture of this state, its communities or the nation. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • Historic site project: shall mean a project undertaken by a municipality or the department of environmental conservation pursuant to any applicable provision of law or by the office pursuant to the provisions of this chapter, in order to develop or acquire lands, structures thereon and appurtenant objects associated therewith to protect the scientific, historic, cultural and architectural interest thereof and to make such lands available for public recreation. See N.Y. Parks, Recreation and Historic Preservation Law 17.01
  • Holder: shall mean an individual who has been issued a registration card by the department. See N.Y. General Business Law 89-F
  • Holder: means an individual who has been issued a conditional letter of authority or a registration card by the department. See N.Y. General Business Law 89-PPP
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insurer: shall mean a life insurance corporation, or other corporation subject to department of financial services supervision. See N.Y. Education Law 390
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lender: means a person whose name appears on the records of the office as the person legally entitled to, or claiming to be legally entitled to, property held by the office or, if deceased, the legal heirs of such person. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a person as herein defined licensed to engage in the business of installing, servicing or maintaining security or fire alarm systems under this article. See N.Y. General Business Law 69-L
  • Licensee: means an armored car carrier that has been issued a license in accordance with the provisions of this article. See N.Y. General Business Law 89-BBB
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Loan: means a deposit of property with the office not accompanied by a transfer to the office of title to the property. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
  • local sponsor: means any city, county, intermediate school district, or school district approved by the board, sponsoring or participating in the establishment or operation of a community college. See N.Y. Education Law 390
  • Minority leader: See Floor Leaders
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal official: means the chief executive officer of any municipality or his or her designated representative. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • National register: means the national register of historic places authorized by the National Historic Preservation Act of 1966. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the state office of parks, recreation and historic preservation and those facilities including historic sites as defined in section 1. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
  • Officer: means the four primary officers of a corporation, normally defined as president, vice-president, secretary and treasurer. See N.Y. General Business Law 89-BBB
  • Operate: shall mean to ride in or on, other than as a passenger, or use or control the operation of a snowmobile in any manner, whether or not said snowmobile is under way. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Operator: shall mean every person who operates or is in actual physical control of a snowmobile. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • optional retirement program: means the retirement program established pursuant to this article. See N.Y. Education Law 390
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: shall mean any person having title to a snowmobile. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: shall mean a peace officer as defined by subdivision thirty-three of section 1. See N.Y. General Business Law 89-F
  • Peace officer: has the meaning ascribed to that term by subdivision thirty-three of section 1. See N.Y. General Business Law 89-PPP
  • Person: means an individual, firm, company, partnership, limited liability company or corporation. See N.Y. General Business Law 69-L
  • Personal property: All property that is not real property.
  • Police officer: shall mean a police officer as defined by subdivision thirty-four of section 1. See N.Y. General Business Law 89-F
  • Police officer: has the meaning ascribed to that term by subdivision thirty-four of section 1. See N.Y. General Business Law 89-PPP
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Principal: means any person controlling an interest greater than ten percent of an armored car carrier. See N.Y. General Business Law 89-BBB
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: means any inanimate object, document or tangible object under the office's care which has intrinsic historic, artistic, scientific, or cultural value. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public entity: shall mean :
    N.Y. General Business Law 89-F
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public library system: as used in this article means:
    (1) A library established by one or more counties. See N.Y. Education Law 272
  • Qualified firearms instructor: means an individual who holds a certificate as a firearms instructor from an association or organization recognized by the division. See N.Y. General Business Law 89-PPP
  • Qualified firearms training course: means a minimum forty-seven hour firearms training course for armored car guards that is specific and germane to the armored car carrier industry, recognized by the division in consultation with the armored car carrier industry. See N.Y. General Business Law 89-PPP
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • reference and research library resources system: as used in this article means a duly chartered educational institution resulting from the association of a group of institutions of higher education, libraries, non-profit educational institutions, hospitals, and other institutions organized to improve reference and research library resources service. See N.Y. Education Law 272
  • Register: shall mean the act of assigning a registration number to a snowmobile. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Registered property: means any historic place or property within the boundaries of the state nominated by the commissioner for listing on the national register of historic places or listed on the New York state register of historic places established pursuant to section 14. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • Registration card: shall mean a photographic identification card issued by the department, including a special armed guard registration card signifying that the individual identified thereon has been authorized by the department to perform security guard functions. See N.Y. General Business Law 89-F
  • Registration card: means a photographic identification card issued by the department signifying that the holder has been certified by the department to perform armored car services in the employ of an armored car carrier and to carry firearms in connection therewith. See N.Y. General Business Law 89-PPP
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Roadway: shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • salary: means all amounts paid by or for the state as compensation for services rendered by an eligible employee holding a position with the state university or by or for a community college as compensation for services rendered by an eligible employee holding a position at such college. See N.Y. Education Law 390
  • Secretary: shall mean the secretary of state. See N.Y. General Business Law 89-F
  • Secretary: means the secretary of state. See N.Y. General Business Law 89-BBB
  • Secretary: means the secretary of state. See N.Y. General Business Law 89-PPP
  • Security guard: shall mean a person, other than a police officer, employed by a security guard company to principally perform one or more of the following functions within the state:
    N.Y. General Business Law 89-F
  • Security guard company: shall mean any person, firm, limited liability company, corporation, public entity or subsidiary or department of such firm, limited liability company, corporation or public entity employing one or more security guards or being self-employed as a security guard on either a proprietary basis for its own use or on a contractual basis for use by another person, firm, limited liability company, corporation, public entity or subsidiary thereof within the state. See N.Y. General Business Law 89-F
  • Security system: shall mean an assembly of equipment and devices or a single device designated to detect and/or signal an unauthorized intrusion into premises or to signal an attempted robbery, burglary, theft, pilferage or other loss at a protected premises, and with respect to which signal, police and/or security guards are expected to respond. See N.Y. General Business Law 89-F
  • Serious offense: shall mean any felony involving the offenses enumerated in the closing paragraph of this subdivision; a criminal solicitation of or a conspiracy to commit or an attempt to commit or a criminal facilitation of a felony involving the offenses enumerated in the closing paragraph of this subdivision, which criminal solicitation, conspiracy, attempt or criminal facilitation itself constitutes a felony or any offense in any other jurisdiction which if committed in this state would constitute a felony; any offense in any other jurisdiction which if committed in this state would constitute a felony provided that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such:
    (i) a conviction for which an executive pardon has been issued pursuant to the executive law;
    (ii) a conviction which has been vacated and replaced by a youthful offender finding pursuant to article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued. See N.Y. General Business Law 89-F
  • Serious offense: has the meaning ascribed to that term by subdivision thirteen of section eighty-nine-f of this chapter. See N.Y. General Business Law 89-BBB
  • Serious offense: has the meaning ascribed to that term by subdivision thirteen of section eighty-nine-f of this chapter. See N.Y. General Business Law 89-PPP
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shoulder: shall mean that portion of a highway which lies outside the paved or unpaved roadway immediately adjacent to the portion of the roadway which may be used by motor vehicles. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Snowmobile: shall mean a self-propelled vehicle equipped with a motor, originally manufactured and designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or tracked cleats. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
  • Special armed guard registration card: shall mean a registration card issued by the department signifying that the individual thereon has been certified by the department to perform security guard functions and to carry firearms in connection with such functions. See N.Y. General Business Law 89-F
  • state agency: shall mean the Palisades interstate park commission or the department of environmental conservation. See N.Y. Parks, Recreation and Historic Preservation Law 13.03
  • State agency: means any state department, agency, board or commission of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • State register: means the state register of historic places established pursuant to section 14. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
  • state university: means the state university of New York and the term "community college" means a college established and operated under article one hundred twenty-six of this chapter. See N.Y. Education Law 390
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Undocumented property: means property in the possession of the office for which the office cannot determine the owner by reference to its records. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Valuable cargo: means money, cash, currency, coin, bullion, precious metals and articles made therefrom, gems and jewelry, negotiable and non-negotiable securities, bonds, notes, checks, drafts, coupons, or other valuable instruments, documents or certificates, including tapes, computer disks, or other electronic or magnetic media, U. See N.Y. General Business Law 89-BBB
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.