Bill Text: NY S05309 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the inspection and sale of seeds, agricultural liming materials and commercial fertilizer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - SUBSTITUTED BY A10803 [S05309 Detail]
Download: New_York-2017-S05309-Amended.html
Bill Title: Relates to the inspection and sale of seeds, agricultural liming materials and commercial fertilizer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - SUBSTITUTED BY A10803 [S05309 Detail]
Download: New_York-2017-S05309-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5309--A Cal. No. 777 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 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-10vulus arvensis), quackgrass (Elytrigia repens), Canada thistle (Cirsium11arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horse nettle12(Solanum carolinense), wild onion (Allium canadense and A. vineale),13corn cockle (Agrostemma githago), and Russian knapweed (Acroptilon14repens)] 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 18 pound of seed shall be established in regulation by the commissioner in 19 consultation with experts in seed certification including, but not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09975-04-7S. 5309--A 2 1 limited to, programs at the college of agriculture and life sciences at 2 Cornell university. 3 § 2. Section 136 of the agriculture and markets law is amended by 4 adding two new subdivisions 22 and 23 to read as follows: 5 22. "Mulch" means a protective covering of any suitable substance 6 placed with seed which acts to retain sufficient moisture to support 7 seed germination and sustain early seedling growth and aid in the 8 prevention of the evaporation of soil moisture, the control of weeds, 9 and the prevention of erosion. 10 23. "Mixture," "mix," or "mixed" means seed consisting of more than 11 one kind, each in excess of five percent by weight of the whole. 12 § 3. Paragraph 2 of subdivision C of section 137 of the agriculture 13 and markets law, as amended by chapter 160 of the laws of 1983, is 14 amended to read as follows: 15 2. Where more than one agricultural seed component is named, the word 16 mixture, mix, or [the word] mixed shall be shown conspicuously on the 17 label. 18 § 4. Paragraph 1 of subdivision D of section 137 of the agriculture 19 and markets law, as added by chapter 631 of the laws of 1955 and clause 20 3 of subparagraph (b) as amended by chapter 592 of the laws of 2003, is 21 amended to read as follows: 22 1. For vegetable seeds in packets for use in home gardens or household 23 plantings or vegetable seeds in pre-planted containers, mats, tapes, or 24 other planting devices and for peas, beans, and sweet corn in containers 25 of one pound or less, and other kinds of vegetable seeds in containers 26 of one-quarter pound or less 27 (a) Name of kind and variety of seed; 28 (b) Lot identification, such as by lot number or other means; 29 (c) The calendar month and year the germination test was completed and 30 the statement "Sell by _______", which may be no more than 12 months 31 from the date of test, exclusive of the month of test; or 32 the year for which the seed was packaged for sale as "Packed for 33 _____" and the statement "Sell by _____", which shall be for a calendar 34 year; or 35 the percentage germination and the calendar month and year the test 36 was completed to determine such percentage provided that the germination 37 test must have been completed within 12 months, exclusive of the month 38 of test; 39 (d) For seeds which germinate less than the standard last established 40 by the commissioner under this article; 41 (1) Percentage of germination, exclusive of hard seed; 42 (2) Percentage of hard seed, if present; 43 (3) The calendar month and year the test was completed and the state- 44 ment "Sell by ______," which may be [nor] not more than twelve months 45 from the date of test, exclusive of the month of test, or the percentage 46 germination and the calendar month and year the test was completed to 47 determine such percentage, provided that the germination test must have 48 been completed within twelve months, exclusive of the month of test[.]; 49 and 50 (4) The words "below standard" in not less than eight-point type. 51 § 5. Subparagraph (c) of paragraph 1 of subdivision E of section 137 52 of the agriculture and markets law is relettered subparagraph (d) and a 53 new subparagraph (c) is added to read as follows: 54 (c) The calendar month and year the germination test was completed and 55 the statement "Sell by ______", which may be no more than 12 months from 56 the date of test, exclusive of the month of test; orS. 5309--A 3 1 the year for which the seed was packaged for sale as "Packed for 2 ______" and the statement "Sell by _____", which shall be for a calendar 3 year; or 4 the percentage germination and the calendar month and year the test 5 was completed to determine such percentage, provided that the germina- 6 tion test must have been completed within 12 months exclusive of the 7 month of test. 8 § 6. Section 137 of the agriculture and markets law is amended by 9 adding a new subdivision I to read as follows: 10 I. For combination seed and fertilizer products. 1. The word "combina- 11 tion" followed by the words "seed-fertilizer" must appear on the upper 12 thirty percent of the principal display panel. The word "combination" 13 must be the largest and most conspicuous type on the container, equal to 14 or larger than the product name. The words "seed-fertilizer" shall be no 15 smaller that one-half the size of the word "combination" and in close 16 proximity to the word "combination". 17 2. On the analysis label, the percentage by weight of the fertilizer 18 in the container shall be listed on a separate line as a component of 19 the inert matter. 20 § 7. Subdivision B of section 138 of the agricultural and markets law 21 is amended by adding a new paragraph 10 to read as follows: 22 (10) To sell, offer, or expose for sale agricultural seed more than 23 nine months from the date of the germination test, exclusive of the 24 month of the test. 25 § 8. The second undesignated paragraph of section 142 of the agricul- 26 ture and markets law, as added by chapter 631 of the laws of 1955, is 27 amended to read as follows: 28 The commissioner may, through promulgation of regulations, add to, or 29 subtract [from, the list of] noxious weed seeds [set forth in] from 30 definition seven, section one hundred thirty-six of this article, when- 31 ever he finds, after public hearing, that such addition or subtraction 32 is in the best interests of the agriculture of this state. 33 § 9. The agriculture and markets law is amended by adding a new 34 section 142-a to read as follows: 35 § 142-a. Stop sale orders. The commissioner may issue and enforce a 36 written or printed "stop sale, use or removal" order to the owner or 37 custodian of any lot of seed when the commissioner finds that seed is 38 being offered or exposed for sale in violation of any of the provisions 39 of this article, and require the owner or custodian to hold the seeds at 40 a designated place until either: (1) the law has been complied with and 41 said seed is released by the commissioner in writing; or (2) said 42 violation has been otherwise legally disposed of by written authority. 43 The commissioner shall release the seed so withdrawn when the require- 44 ments of the provisions of this article have been complied with. 45 § 10. Subdivisions 1 and 3 of section 142-gg of the agriculture and 46 markets law, as amended by chapter 251 of the laws of 1999, are amended 47 to read as follows: 48 1. It shall be the duty of the commissioner or his or her duly author- 49 ized agent to sample and analyze each different brand of agricultural 50 liming material distributed within the state, to such an extent as he or 51 she may deem necessary to determine compliance with the provisions of 52 this article. 53 [A sample to be designated official shall be one taken in the presence54of the supplier or a person responsible to the supplier. Such sample55shall, in the presence of the witness, be divided into two represen-56tative samples, each sealed, and one of such sealed samples shall beS. 5309--A 4 1tendered, and if accepted, delivered to the witness; the other sealed2sample the commissioner shall analyze or cause to be analyzed.] 3 The methods of sampling and analysis shall be those the commissioner 4 may require by regulation and be based on methods adopted by an agricul- 5 tural and food analytical standards association. 6 3. The commissioner shall [publish or cause to be published at least7annually] maintain an annual record of, and make available upon request, 8 the results of all analyses [indicating] with respect to the information 9 required to be shown on labels and statements pursuant to section one 10 hundred forty-two-cc of this article and such other information as the 11 commissioner shall deem advisable. 12 § 11. Subdivision b of section 143 of the agriculture and markets law, 13 as added by chapter 695 of the laws of 1974, is amended to read as 14 follows: 15 b. The term "specialty fertilizer" shall mean a commercial fertilizer 16 distributed primarily for non-farm use, [such as home gardens, lawns,17shrubbery, flowers, golf courses, municipal parks, cemeteries, green-18houses and nurseries, and such other use] as the commissioner may define 19 by regulation. 20 § 12. Section 143 of the agriculture and markets law is amended by 21 adding a new subdivision t to read as follows: 22 t. The term "agricultural and food analytical standards association" 23 shall mean an independent, third-party, not-for-profit association that 24 develops voluntary, globally accepted, consensus analytical standards 25 and methods for ensuring quality measurements to address the purity and 26 safety of agricultural materials and food and promotes global trade and 27 public health and shall be further defined in regulations by the commis- 28 sioner. 29 § 13. Subdivision (c) of section 146 of the agriculture and markets 30 law, as amended by chapter 251 of the laws of 1999, is amended to read 31 as follows: 32 (c) The licensee shall inform the [director] commissioner in writing 33 of additional distribution points established during the period of the 34 license. 35 § 14. Section 146-a of the agriculture and markets law, as added by 36 chapter 695 of the laws of 1974, is amended to read as follows: 37 § 146-a. Inspection, sampling, analysis. a. It shall be the duty of 38 the commissioner, who may act through his authorized agent, to sample, 39 inspect, and analyze commercial fertilizers distributed within this 40 state at such time and place and to the extent he may deem necessary to 41 determine whether such commercial fertilizers are in compliance with the 42 provisions of this [act]. [A sample to be designated an official sample43shall be divided into two representative samples, each sealed, and one44of such sealed samples shall be tendered, and if accepted, delivered to45the custodian of the product; the other sample the commissioner shall46analyze or cause to be analyzed.] The methods of sampling and analysis 47 shall be those the commissioner may require by regulation and [which48may] be based on methods [recommended in publications such as that of49the association of official analytical chemists] adopted by an agricul- 50 tural and food analytical standards association, as further defined in 51 regulations by the commissioner. 52 b. The results of the analysis of such sample shall be reported to the 53 licensee within ninety days of the date of sampling and the commissioner 54 shall publish or cause to be published at least annually a summary of 55 all analyses made, together with such additional information as circum- 56 stances advise.S. 5309--A 5 1 § 15. Subdivision (b) of section 146-b of the agriculture and markets 2 law, as added by chapter 695 of the laws of 1974, is amended to read as 3 follows: 4 (b) A commercial fertilizer shall be deemed to be adulterated: 5 (1) if it contains any deleterious or harmful ingredient in sufficient 6 amount to render it injurious to beneficial plant life, animals, humans, 7 aquatic life, soil, or water when applied in accordance with directions 8 for use on the label, or if adequate warning statements or directions 9 for use, which may be necessary to protect plant life, animals, humans, 10 aquatic life, soil, or water are not shown upon the label; 11 (2) if its composition falls below or differs from that which it is 12 purported to possess by its labelling; [or] 13 (3) if it contains unwanted crop seed or weed seed; or 14 (4) if it contains metals in amounts greater than those levels the 15 commissioner may establish by regulation, based upon the Association of 16 American Plant Food Control Officials (AAPFCO) - Statement of Uniform 17 Interpretation and Policy - statement number 25. 18 § 16. This act shall take effect on the one hundred twentieth day 19 after it shall have become a law, provided that any rule or regulation 20 necessary for the timely implementation of this act on its effective 21 date may be promulgated on or before such date, provided however that 22 retailers shall have ninety days from the effective date of this act to 23 sell through product subject to paragraph 1 of subdivision D of section 24 137, subparagraph (c) of paragraph 1 of subdivision E of section 137 and 25 paragraph 10 of subdivision B of section 138 of the agriculture and 26 markets law as amended by sections four, five and seven of this act 27 which is held in inventory on the effective date of this act.
