STATE OF NEW YORK
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6608
IN SENATE
February 1, 2016
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Introduced by Sens. RITCHIE, YOUNG, AKSHAR, O'MARA, PANEPINTO, VALESKY
-- (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
25 processed fruits, vegetables, eggs, dairy products, meat and meat
26 products, poultry and poultry products, fish and fish products, apple
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05591-01-5