senate Bill S793

Amended

Makes provisions relating to retail farm operations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO AGRICULTURE
  • 09 / Mar / 2011
    • 1ST REPORT CAL.197
  • 10 / Mar / 2011
    • 2ND REPORT CAL.
  • 14 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 23 / Mar / 2011
    • PASSED SENATE
  • 23 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 23 / Mar / 2011
    • REFERRED TO AGRICULTURE
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 29 / Feb / 2012
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 29 / Feb / 2012
    • PRINT NUMBER 793A
  • 06 / Mar / 2012
    • 1ST REPORT CAL.288
  • 07 / Mar / 2012
    • 2ND REPORT CAL.
  • 12 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 13 / Mar / 2012
    • PASSED SENATE
  • 13 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Mar / 2012
    • REFERRED TO AGRICULTURE

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A6282
Versions:
S793
S793A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยงยง301 & 308, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Cycle:
S2435

Sponsor Memo

BILL NUMBER:S793

TITLE OF BILL:
An act
to amend the education law and the public health law, in relation to
requiring cultural awareness and competence training for all medical
professionals; to amend the public health law, in relation to a public
health education program; and making an appropriation therefor

PURPOSE:
To require cultural awareness and competence training for all medical
professionals as part of their licensing requirements; creates a
public education program; provides for an appropriation.

SUMMARY OF PROVISIONS:
Section 1. Amends the education law by adding a new section 6505-d.
Requires every physician, physician assistant, dentist, registered
nurse, licensed practical nurse, podiatrist, optometrist and dental
hygienist practicing in the state to complete on or before July
first, 2015 and every two years thereafter, course work or training
appropriate to the professional's practice approved by the department
regarding cultural awareness and competence in the nondiscriminatory
provision of medical services

Section 2. Amends the Public Health Law, section 2805-k (1) (f).
Requires physicians, dentists or podiatrists to document the
completion of cultural awareness and competency training.
Prohibits hospitals or facilities from granting or renewing
professional privileges if such medical professional has not
completed the required training.

Section 3. Amends the Public Health Law section 206 of by adding a new
subdivision 29.
Authorizes the Commissioner of Health to develop and implement a
statewide, community-based public health education program to reduce
disparities in minority health care.

Section 4. Appropriation

Section 5. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
The Office of Minority Health and Health Disparities in the U.S.
Centers of Disease Control (CDC) reports that:

o Even though the Nation's infant mortality rate is down, the infant
death rate among African Americans is still more than double that of
whites;

o Hispanics living in the United States are almost twice as likely to
die from diabetes than non-Hispanic whites; and,

o American Indians and Alaska Natives suffer from diabetes at more
than twice the rate of whites.

According to the New York State Department of Health "Health
disparities are deep and pervasive in New York State, as they are in
almost every state in the nation. Same racial and ethnic minority
groups, people with law incomes and/or language barriers, people who
live in underserved communities, and many others have poorer health
from birth (e.g., infant mortality) to death (e.g., premature
deaths). Across the lifespan, they suffer higher rates of disease
and disability. And these problems begin early, adding to the
erosion of opportunity for children who often face a constellation
of other social and economic challenges. As a result, disparities
have a devastating human and economic impact an the state.

Health Disparities in New York City: Minding the Gap (2010 New York
City Department of Health and Mental Hygiene) reported that:

o Death rates are almost 30% higher in the poorest New York City
neighborhoods than in wealthier neighborhoods

o Blacks and whites in the poorest neighborhoods die at higher rates
than their counterparts living in richer neighborhoods

o Black, Hispanic and Asian New Yorkers are mare likely to die
prematurely than whites, regardless of neighborhood income

o Gaps in death rates between blacks and whites vary by cause of
death and neighborhood income

Evidence suggests that a mare culturally competent health workforce is
one way to address problems associated with health care disparities
by improving access to care. The Agency far Healthcare Research and
Quality likewise reported "that a lack of attention to cultural
issues reacts to less than optimal care and addressing these
concerns or using certain cultural competence interventions leads to
improved outcomes." Washington, New Jersey, California are among the
states that currently require cultural awareness and competency
training far its healthcare workforce.

This bill addresses the problems associated with health care
disparities by requiring medical professionals to complete required
course work in cultural awareness and competency training as part of
their licensing requirements.

LEGISLATIVE HISTORY:
2012: S.118-A-Amended and recommit to Health/ A.1434 - A- Amended and
recommit to Higher Education
2011: S.118 - Notice of Committee

Consideration Requested, Committee Discharged and Committed to
Health/A.1434 - Referred to Higher Education
2009-10: S.3129 -
Referred to Higher Education/A.8843 - Referred to Higher Education
2007-08: S.765 - Referred to Finance

FISCAL IMPLICATIONS:
$100,000 or so much thereof as may be necessary, to be appropriated
from the state treasury.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   793

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. YOUNG, RANZENHOFER -- read twice and ordered print-
  ed, 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:

  Section 1. Subdivision 11  of  section  301  of  the  agriculture  and
markets  law,  as amended by chapter 120 of the laws of 2010, is amended
and a new subdivision 17 is added to read as follows:
  11. "Farm operation" means the land and on-farm buildings,  equipment,
manure  processing and handling facilities, and practices which contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including  a  "commercial
horse  boarding  operation"  as  defined in subdivision thirteen of this
section, a "timber operation" as defined in subdivision fourteen of this
section [and], "compost,  mulch  or  other  ORGANIC  biomass  crops"  as
defined in subdivision sixteen of this section AND A "RETAIL FARM OPERA-
TION"  AS  DEFINED  IN SUBDIVISION SEVENTEEN OF THIS SECTION.  Such farm
operation may consist of one or more parcels of owned  or  rented  land,
which parcels may be contiguous or noncontiguous to each other.
  17. "RETAIL FARM OPERATION" MEANS A SEASONAL OR ANNUAL ENTERPRISE WITH
EITHER  PERMANENT  OR  NONPERMANENT STRUCTURES THAT ARE OPERATED FOR THE
PURPOSES OF SELLING PREDOMINANTLY FARM AND FOOD PRODUCTS IN  CONJUNCTION
WITH OR IN SUPPORT OF LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN
SUBDIVISION  FOUR  OF  THIS  SECTION.  SUCH PORTION OF THE FARM AND FOOD
PRODUCTS SHALL EXCEED FIFTY PERCENT OF THE GROSS ANNUAL INCOME  OF  SUCH
RETAIL  FARM OPERATION.  FOR PURPOSES OF THIS SUBDIVISION, FARM AND FOOD
PRODUCTS SHALL MEAN ANY AGRICULTURAL,  HORTICULTURAL,  FOREST  OR  OTHER
PRODUCT  OF  THE  SOIL  OR  WATER, INCLUDING BUT NOT LIMITED TO FRESH OR
PROCESSED FRUITS,  VEGETABLES,  EGGS,  DAIRY  PRODUCTS,  MEAT  AND  MEAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03427-01-1

S. 793                              2

PRODUCTS,  POULTRY  AND  POULTRY PRODUCTS, FISH AND FISH PRODUCTS, APPLE
CIDER, FRUIT JUICE, WINE, ORNAMENTAL PLANTS, NURSERY  PRODUCTS,  FLOWERS
AND CHRISTMAS TREES.
  S  2.  Paragraph  b of subdivision 1 of section 308 of the agriculture
and markets law, as amended by chapter 120  of  the  laws  of  2010,  is
amended to read as follows:
  b. Sound agricultural practices refer to those practices necessary for
the  on-farm  production,  preparation  and  marketing  of  agricultural
commodities. Examples of activities which entail practices  the  commis-
sioner  may  consider include, but are not limited to, operation of farm
equipment;  proper  use  of  agricultural  chemicals  and   other   crop
protection  methods;  [direct  sale to consumers of agricultural commod-
ities or foods containing  agricultural  commodities  produced  on-farm]
OPERATION  AND  MAINTENANCE  OF  A  RETAIL  FARM OPERATION AS DEFINED IN
SUBDIVISION SEVENTEEN OF SECTION THREE  HUNDRED  ONE  OF  THIS  ARTICLE;
agricultural  tourism;  "timber  operation,"  as  defined in subdivision
fourteen of section three hundred one of this article  and  construction
and  use  of farm structures. The commissioner shall consult appropriate
state agencies and any guidelines recommended by the advisory council on
agriculture. The commissioner may consult as appropriate, the  New  York
state  college of agriculture and life sciences and the U.S.D.A. natural
resources conservation service. The  commissioner  shall  also  consider
whether  the  agricultural  practices  are  conducted by a farm owner or
operator as part of his or her participation in the AEM program  as  set
forth in article eleven-A of this chapter. Such practices shall be eval-
uated on a case-by-case basis.
  S 3. This act shall take effect immediately.

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