Bill Text: NY S04332 | 2013-2014 | General Assembly | Introduced

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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

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                           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.