senate Bill S4332

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

  • 21 / Mar / 2013
    • REFERRED TO AGRICULTURE
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1278
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1381
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • 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:
A7063
Versions:
S4332
Legislative Cycle:
2013-2014
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยงยง301 & 308, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S793A, A6282A
2009-2010: S2435

Sponsor Memo

BILL NUMBER:S4332 REVISED 4/15/13

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to retail farm operations

PURPOSE: To enhance farmers, ability to market their farm, food and
other products directly to consumers through encouragement of the
development of retail farm operations such as roadside stands and
on-farm markets.

SUMMARY OF PROVISIONS:

Sections 301 and 308 of the Agriculture and Markets Law is amended to
allow for recognition of retail farm operations as a farm operation.

JUSTIFICATION: As the prices New York farmers receive for the
products they produce continues to decline, our farms are increasingly
surviving by incorporating direct-to-market strategies into their
business plans. New York's agriculture industry is evolving from
being simply commodity and production driven to being increasingly
market driven. Selling directly to consumers via a retail farm
operation allows farmers to take advantage of current market demand
for fresh, local farm products and gives consumers access to quality,
nutritious foods. This type of "interactive retail" caters to
increasing public interest in the farm-to-food relationship and
attracts new, potential consumers that would not otherwise visit a
farm. This bill seeks to ensure that farmers who operate road-side
stands and farm markets will have protection for their retail farm
operations under the state's right-to-farm laws.

LEGISLATIVE HISTORY: 2012: S.793 PASSED SENATE; A.6262 Referred to
Agriculture 2011: S.793 PASSED SENATE; A.6282 Referred to Agriculture
2009-2010: S.2435 REFERRED TO AGRICULTURE 2007-2008: S.4743 REFERRED
TO AGRICULTURE 2005-2006: S.6605 PASSED SENATE 2003-2004: S.5297-8
PASSED SENATE; A.8546-B reported referred to Ways an Means committee

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Effective immediately.

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

                                  4332

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced by Sen. YOUNG -- (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:

  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

S. 4332                             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.

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