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

                                  7063

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced  by  M. of A. MAGEE, THIELE, GUNTHER -- Multi-Sponsored by --
  M. of A. ABBATE, CERETTO, CROUCH, LIFTON, P. LOPEZ, PALMESANO --  read
  once and referred 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 384 of the laws of 2011,  is  amended
and a new subdivision 18 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,  "compost, mulch or other biomass crops" as defined in subdivi-
sion sixteen of this section [and],  "commercial  equine  operation"  as
defined  in  subdivision  seventeen  of  this section AND A "RETAIL FARM
OPERATION" AS DEFINED IN SUBDIVISION EIGHTEEN 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.
  18. "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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02521-01-3
              

A. 7063                             2

PROCESSED FRUITS,  VEGETABLES,  EGGS,  DAIRY  PRODUCTS,  MEAT  AND  MEAT
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 497  of  the  laws  of  2011,  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 EIGHTEEN OF SECTION THREE HUNDRED ONE OF THIS ARTICLE; agri-
cultural 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  agen-
cies  and any guidelines recommended by the advisory council on agricul-
ture. 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, and provide such information, after  the
issuance  of a formal opinion, to the municipality in which the agricul-
tural practice being evaluated is located. 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 evaluated on a case-by-case basis.
  S 3. This act shall take effect immediately.