Bill Text: NY S05309 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to the inspection and sale of seeds, agricultural liming materials and commercial fertilizer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2018-06-20 - SUBSTITUTED BY A10803 [S05309 Detail]

Download: New_York-2017-S05309-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5309--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 20, 2017
                                       ___________
        Introduced  by Sen. RITCHIE -- (at request of the Department of Agricul-
          ture and Markets) -- read twice and ordered printed, and when  printed
          to  be committed to the Committee on Agriculture -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading -- recommitted to the Committee on Agricul-
          ture in accordance with Senate Rule 6, sec. 8 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          inspection and  sale  of  seeds,  agricultural  liming  materials  and
          commercial fertilizer
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2 and 7 of section 136 of the agriculture  and
     2  markets  law,  subdivision 2 as added by chapter 631 of the laws of 1955
     3  and subdivision 7 as amended by chapter 592 of the  laws  of  2003,  are
     4  amended to read as follows:
     5    2.  The  term  "seed"  means  botanical  structures  used for planting
     6  purposes and commonly referred to as  "seed"  within  this  state.  This
     7  includes  potato  tubers  [of  the  Irish  potato]  when such tubers are
     8  represented as being suitable for planting purposes.
     9    7. The term "noxious weed seeds" [includes seeds of bindweed  (Convol-
    10  vulus  arvensis), quackgrass (Elytrigia repens), Canada thistle (Cirsium
    11  arvense), bedstraw (Galium spp.), dodder (Cuscuta  spp.),  horse  nettle
    12  (Solanum  carolinense),  wild  onion (Allium canadense and A.  vineale),
    13  corn cockle  (Agrostemma  githago),  and  Russian  knapweed  (Acroptilon
    14  repens)]  are  those noxious weed seeds which are objectionable in agri-
    15  culture crops, lawns, and  gardens  of  this  state  and  which  can  be
    16  controlled  by  good  agricultural  practices  or the use of herbicides.
    17  Noxious weeds and the number of such noxious weed  seeds  allowable  per
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09975-06-8

        S. 5309--B                          2
     1  pound  of seed shall be established in regulation by the commissioner in
     2  consultation with experts  in  seed  certification  including,  but  not
     3  limited  to, programs at the college of agriculture and life sciences at
     4  Cornell university.
     5    §  2.  Section  136  of  the agriculture and markets law is amended by
     6  adding two new subdivisions 22 and 23 to read as follows:
     7    22. "Mulch" means a protective  covering  of  any  suitable  substance
     8  placed  with  seed  which  acts to retain sufficient moisture to support
     9  seed germination and sustain  early  seedling  growth  and  aid  in  the
    10  prevention  of  the  evaporation of soil moisture, the control of weeds,
    11  and the prevention of erosion.
    12    23. "Mixture," "mix," or "mixed" means seed consisting  of  more  than
    13  one kind, each in excess of five percent by weight of the whole.
    14    §  3.  Paragraph  2 of subdivision C of section 137 of the agriculture
    15  and markets law, as amended by chapter 160  of  the  laws  of  1983,  is
    16  amended to read as follows:
    17    2.  Where more than one agricultural seed component is named, the word
    18  mixture, mix, or [the word] mixed shall be shown  conspicuously  on  the
    19  label.
    20    §  4.  Paragraph  1 of subdivision D of section 137 of the agriculture
    21  and markets law, as added by chapter 631 of the laws of 1955 and  clause
    22  3  of subparagraph (b) as amended by chapter 592 of the laws of 2003, is
    23  amended to read as follows:
    24    1. For vegetable seeds in packets for use in home gardens or household
    25  plantings or vegetable seeds in pre-planted containers, mats, tapes,  or
    26  other planting devices and for peas, beans, and sweet corn in containers
    27  of  one  pound or less, and other kinds of vegetable seeds in containers
    28  of one-quarter pound or less
    29    (a) Name of kind and variety of seed;
    30    (b) Lot identification, such as by lot number or other means;
    31    (c) The calendar month and year the germination test was completed and
    32  the statement "Sell by _______", which may be no  more  than  12  months
    33  from the date of test, exclusive of the month of test; or
    34    the  year  for  which  the  seed  was packaged for sale as "Packed for
    35  _____" and the statement "Sell by _____", which shall be for a  calendar
    36  year; or
    37    the  percentage  germination  and the calendar month and year the test
    38  was completed to determine such percentage provided that the germination
    39  test must have been completed within 12 months, exclusive of  the  month
    40  of test;
    41    (d)  For seeds which germinate less than the standard last established
    42  by the commissioner under this article;
    43    (1) Percentage of germination, exclusive of hard seed;
    44    (2) Percentage of hard seed, if present;
    45    (3) The calendar month and year the test was completed and the  state-
    46  ment  "Sell  by  ______," which may be [nor] not more than twelve months
    47  from the date of test, exclusive of the month of test, or the percentage
    48  germination and the calendar month and year the test  was  completed  to
    49  determine  such percentage, provided that the germination test must have
    50  been completed within twelve months, exclusive of the month of  test[.];
    51  and
    52    (4) The words "below standard" in not less than eight-point type.
    53    §  5.  Subparagraph (c) of paragraph 1 of subdivision E of section 137
    54  of the agriculture and markets law is relettered subparagraph (d) and  a
    55  new subparagraph (c) is added to read as follows:

        S. 5309--B                          3
     1    (c) The calendar month and year the germination test was completed and
     2  the statement "Sell by ______", which may be no more than 12 months from
     3  the date of test, exclusive of the month of test; or
     4    the  year  for  which  the  seed  was packaged for sale as "Packed for
     5  ______" and the statement "Sell by _____", which shall be for a calendar
     6  year; or
     7    the percentage germination and the calendar month and  year  the  test
     8  was  completed  to determine such percentage, provided that the germina-
     9  tion test must have been completed within 12  months  exclusive  of  the
    10  month of test.
    11    §  6.  Section  137  of  the agriculture and markets law is amended by
    12  adding a new subdivision I to read as follows:
    13    I. For combination seed and fertilizer products. 1. The word "combina-
    14  tion" followed by the words "seed-fertilizer" must appear on  the  upper
    15  thirty  percent  of  the principal display panel. The word "combination"
    16  must be the largest and most conspicuous type on the container, equal to
    17  or larger than the product name. The words "seed-fertilizer" shall be no
    18  smaller that one-half the size of the word "combination"  and  in  close
    19  proximity to the word "combination".
    20    2.  On  the analysis label, the percentage by weight of the fertilizer
    21  in the container shall be listed on a separate line as  a  component  of
    22  the inert matter.
    23    §  7.  Subdivision B of section 138 of the agriculture and markets law
    24  is amended by adding a new paragraph 10 to read as follows:
    25    (10) To sell, offer, or expose for sale agricultural  seed  more  than
    26  nine  months  from  the  date  of the germination test, exclusive of the
    27  month of the test.
    28    § 8. The second undesignated paragraph of section 142 of the  agricul-
    29  ture  and  markets  law, as added by chapter 631 of the laws of 1955, is
    30  amended to read as follows:
    31    The commissioner may, through promulgation of regulations, add to,  or
    32  subtract  [from,  the  list  of]  noxious weed seeds [set forth in] from
    33  definition seven, section one hundred thirty-six of this article,  when-
    34  ever  he  finds, after public hearing, that such addition or subtraction
    35  is in the best interests of the agriculture of this state.
    36    § 9. The agriculture and markets  law  is  amended  by  adding  a  new
    37  section 142-a to read as follows:
    38    §  142-a.  Stop  sale orders. The commissioner may issue and enforce a
    39  written or printed "stop sale, use or removal" order  to  the  owner  or
    40  custodian  of  any  lot of seed when the commissioner finds that seed is
    41  being offered or exposed for sale in violation of any of the  provisions
    42  of this article, and require the owner or custodian to hold the seeds at
    43  a  designated place until either: (1) the law has been complied with and
    44  said seed is released by  the  commissioner  in  writing;  or  (2)  said
    45  violation  has  been otherwise legally disposed of by written authority.
    46  The commissioner shall release the seed so withdrawn when  the  require-
    47  ments of the provisions of this article have been complied with.
    48    §  10.  Subdivisions  1 and 3 of section 142-gg of the agriculture and
    49  markets law, as amended by chapter 251 of the laws of 1999, are  amended
    50  to read as follows:
    51    1. It shall be the duty of the commissioner or his or her duly author-
    52  ized  agent  to  sample and analyze each different brand of agricultural
    53  liming material distributed within the state, to such an extent as he or
    54  she may deem necessary to determine compliance with  the  provisions  of
    55  this article.

        S. 5309--B                          4
     1    [A sample to be designated official shall be one taken in the presence
     2  of  the  supplier  or  a person responsible to the supplier. Such sample
     3  shall, in the presence of the witness, be  divided  into  two  represen-
     4  tative  samples,  each  sealed,  and one of such sealed samples shall be
     5  tendered,  and  if  accepted, delivered to the witness; the other sealed
     6  sample the commissioner shall analyze or cause to be analyzed.]
     7    The methods of sampling and analysis shall be those  the  commissioner
     8  may require by regulation and be based on methods adopted by an agricul-
     9  tural and food analytical standards association.
    10    3.  The  commissioner shall [publish or cause to be published at least
    11  annually] maintain an annual record of, and make available upon request,
    12  the results of all analyses [indicating] with respect to the information
    13  required to be shown on labels and statements pursuant  to  section  one
    14  hundred  forty-two-cc  of this article and such other information as the
    15  commissioner shall deem advisable.
    16    § 11. Subdivision b of section 143 of the agriculture and markets law,
    17  as added by chapter 695 of the laws of  1974,  is  amended  to  read  as
    18  follows:
    19    b.  The term "specialty fertilizer" shall mean a commercial fertilizer
    20  distributed primarily for non-farm use, [such as  home  gardens,  lawns,
    21  shrubbery,  flowers,  golf  courses, municipal parks, cemeteries, green-
    22  houses and nurseries, and such other use] as the commissioner may define
    23  by regulation.
    24    § 12. Section 143 of the agriculture and markets  law  is  amended  by
    25  adding a new subdivision t to read as follows:
    26    t.  The  term "agricultural and food analytical standards association"
    27  shall mean an independent, third-party, not-for-profit association  that
    28  develops  voluntary,  globally  accepted, consensus analytical standards
    29  and methods for ensuring quality measurements to address the purity  and
    30  safety  of agricultural materials and food and promotes global trade and
    31  public health and shall be further defined in regulations by the commis-
    32  sioner.
    33    § 13. Subdivision (c) of section 146 of the  agriculture  and  markets
    34  law,  as  amended by chapter 251 of the laws of 1999, is amended to read
    35  as follows:
    36    (c) The licensee shall inform the [director] commissioner  in  writing
    37  of  additional  distribution points established during the period of the
    38  license.
    39    § 14. Section 146-a of the agriculture and markets law,  as  added  by
    40  chapter 695 of the laws of 1974, is amended to read as follows:
    41    § 146-a. Inspection,  sampling,  analysis.  a. It shall be the duty of
    42  the commissioner, who may act through his authorized agent,  to  sample,
    43  inspect,  and  analyze  commercial  fertilizers  distributed within this
    44  state at such time and place and to the extent he may deem necessary  to
    45  determine whether such commercial fertilizers are in compliance with the
    46  provisions of this [act] article. [A sample to be designated an official
    47  sample  shall  be  divided into two representative samples, each sealed,
    48  and one of such sealed samples  shall  be  tendered,  and  if  accepted,
    49  delivered  to the custodian of the product; the other sample the commis-
    50  sioner shall analyze or cause to be analyzed.] The methods  of  sampling
    51  and  analysis  shall be those the commissioner may require by regulation
    52  and [which may] be based on methods [recommended in publications such as
    53  that of the association of official analytical chemists] adopted  by  an
    54  agricultural  and  food  analytical  standards  association,  as further
    55  defined in regulations by the commissioner.

        S. 5309--B                          5
     1    b. The results of the analysis of such sample shall be reported to the
     2  licensee within ninety days of the date of sampling and the commissioner
     3  shall publish or cause to be published at least annually  a  summary  of
     4  all  analyses made, together with such additional information as circum-
     5  stances advise.
     6    §  15. Subdivision (b) of section 146-b of the agriculture and markets
     7  law, as added by chapter 695 of the laws of 1974, is amended to read  as
     8  follows:
     9    (b) A commercial fertilizer shall be deemed to be adulterated:
    10    (1) if it contains any deleterious or harmful ingredient in sufficient
    11  amount to render it injurious to beneficial plant life, animals, humans,
    12  aquatic  life, soil, or water when applied in accordance with directions
    13  for use on the label, or if adequate warning  statements  or  directions
    14  for  use, which may be necessary to protect plant life, animals, humans,
    15  aquatic life, soil, or water are not shown upon the label;
    16    (2) if its composition falls below or differs from that  which  it  is
    17  purported to possess by its labelling; [or]
    18    (3) if it contains unwanted crop seed or weed seed; or
    19    (4)  if  it  contains  metals in amounts greater than those levels the
    20  commissioner may establish  by  regulation,  based  upon  the  consensus
    21  research-based  recommendations of an organization of state, territorial
    22  and international fertilizer control officials who administer fertilizer
    23  laws and regulations.
    24    § 16. This act shall take effect on  the  one  hundred  twentieth  day
    25  after  it  shall have become a law, provided that any rule or regulation
    26  necessary for the timely implementation of this  act  on  its  effective
    27  date  may  be  promulgated on or before such date, provided however that
    28  retailers shall have ninety days from the effective date of this act  to
    29  sell  through product subject to paragraph 1 of subdivision D of section
    30  137, subparagraph (c) of paragraph 1 of subdivision E of section 137 and
    31  paragraph 10 of subdivision B of section  138  of  the  agriculture  and
    32  markets  law  as  amended  by  sections four, five and seven of this act
    33  which is held in inventory on the effective date of this act.
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