Bill Text: NY S04332 | 2013-2014 | General Assembly | Introduced
Bill Title: Makes provisions relating to retail farm operations; defines retail farm operations as a seasonal or annual enterprise operated for the purpose of selling predominantly farm and food products which are in support of agricultural production; includes retail farm operations under the definition of farm operations and the provisions of sound agricultural practices necessary for on-farm production, preparation and marketing.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-06-16 - referred to agriculture [S04332 Detail]
Download: New_York-2013-S04332-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4332 2013-2014 Regular Sessions I N S E N A T E March 21, 2013 ___________ Introduced by Sen. YOUNG -- (at request of the Legislative Commission on Rural Resources) -- 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 retail farm operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 11 of section 301 of the agriculture and 2 markets law, as amended by chapter 384 of the laws of 2011, is amended 3 and a new subdivision 18 is added to read as follows: 4 11. "Farm operation" means the land and on-farm buildings, equipment, 5 manure processing and handling facilities, and practices which contrib- 6 ute to the production, preparation and marketing of crops, livestock and 7 livestock products as a commercial enterprise, including a "commercial 8 horse boarding operation" as defined in subdivision thirteen of this 9 section, a "timber operation" as defined in subdivision fourteen of this 10 section, "compost, mulch or other biomass crops" as defined in subdivi- 11 sion sixteen of this section [and], "commercial equine operation" as 12 defined in subdivision seventeen of this section AND A "RETAIL FARM 13 OPERATION" AS DEFINED IN SUBDIVISION EIGHTEEN OF THIS SECTION. Such farm 14 operation may consist of one or more parcels of owned or rented land, 15 which parcels may be contiguous or noncontiguous to each other. 16 18. "RETAIL FARM OPERATION" MEANS A SEASONAL OR ANNUAL ENTERPRISE WITH 17 EITHER PERMANENT OR NONPERMANENT STRUCTURES THAT ARE OPERATED FOR THE 18 PURPOSES OF SELLING PREDOMINANTLY FARM AND FOOD PRODUCTS IN CONJUNCTION 19 WITH OR IN SUPPORT OF LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN 20 SUBDIVISION FOUR OF THIS SECTION. SUCH PORTION OF THE FARM AND FOOD 21 PRODUCTS SHALL EXCEED FIFTY PERCENT OF THE GROSS ANNUAL INCOME OF SUCH 22 RETAIL FARM OPERATION. FOR PURPOSES OF THIS SUBDIVISION, FARM AND FOOD 23 PRODUCTS SHALL MEAN ANY AGRICULTURAL, HORTICULTURAL, FOREST OR OTHER 24 PRODUCT OF THE SOIL OR WATER, INCLUDING BUT NOT LIMITED TO FRESH OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02521-01-3 S. 4332 2 1 PROCESSED FRUITS, VEGETABLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT 2 PRODUCTS, POULTRY AND POULTRY PRODUCTS, FISH AND FISH PRODUCTS, APPLE 3 CIDER, FRUIT JUICE, WINE, ORNAMENTAL PLANTS, NURSERY PRODUCTS, FLOWERS 4 AND CHRISTMAS TREES. 5 S 2. Paragraph b of subdivision 1 of section 308 of the agriculture 6 and markets law, as amended by chapter 497 of the laws of 2011, is 7 amended to read as follows: 8 b. Sound agricultural practices refer to those practices necessary for 9 the on-farm production, preparation and marketing of agricultural 10 commodities. Examples of activities which entail practices the commis- 11 sioner may consider include, but are not limited to, operation of farm 12 equipment; proper use of agricultural chemicals and other crop 13 protection methods; [direct sale to consumers of agricultural commod- 14 ities or foods containing agricultural commodities produced on-farm] 15 OPERATION AND MAINTENANCE OF A "RETAIL FARM OPERATION", AS DEFINED IN 16 SUBDIVISION EIGHTEEN OF SECTION THREE HUNDRED ONE OF THIS ARTICLE; agri- 17 cultural tourism; "timber operation," as defined in subdivision fourteen 18 of section three hundred one of this article and construction and use of 19 farm structures. The commissioner shall consult appropriate state agen- 20 cies and any guidelines recommended by the advisory council on agricul- 21 ture. The commissioner may consult as appropriate, the New York state 22 college of agriculture and life sciences and the U.S.D.A. natural 23 resources conservation service, and provide such information, after the 24 issuance of a formal opinion, to the municipality in which the agricul- 25 tural practice being evaluated is located. The commissioner shall also 26 consider whether the agricultural practices are conducted by a farm 27 owner or operator as part of his or her participation in the AEM program 28 as set forth in article eleven-A of this chapter. Such practices shall 29 be evaluated on a case-by-case basis. 30 S 3. This act shall take effect immediately.