S T A T E   O F   N E W   Y O R K
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                                  2435

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 separately amended by chapters 511 and 536 of the laws
of 2008, 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,  "timber processing" 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. For purposes
of this section, such farm operation shall also include the  production,
management  and harvesting of "farm woodland", as defined in subdivision
three 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07632-01-9
              

S. 2435                             2

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
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 511  of  the  laws  of  2008,  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;  production,  management  and harvesting of "farm
woodland", as defined in subdivision three of section three hundred  one
of this article and construction and use of farm structures. The commis-
sioner  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 partic-
ipation 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.