senate Bill S793A

2011-2012 Legislative Session

Makes provisions relating to retail farm operations

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 referred to agriculture
delivered to assembly
passed senate
Mar 12, 2012 advanced to third reading
Mar 07, 2012 2nd report cal.
Mar 06, 2012 1st report cal.288
Feb 29, 2012 print number 793a
amend and recommit to agriculture
Jan 04, 2012 referred to agriculture
returned to senate
died in assembly
Mar 23, 2011 referred to agriculture
delivered to assembly
passed senate
Mar 14, 2011 advanced to third reading
Mar 10, 2011 2nd report cal.
Mar 09, 2011 1st report cal.197
Jan 05, 2011 referred to agriculture

Votes

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Mar 6, 2012 - Agriculture committee Vote

S793A
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Mar 6, 2012

Mar 9, 2011 - Agriculture committee Vote

S793
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 9, 2011

absent (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S793 - Bill Details

See Assembly Version of this Bill:
A6282A
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§301 & 308, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S2435

S793 - Bill Texts

view 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.

view 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.

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                    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.

Co-Sponsors

view additional co-sponsors

S793A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6282A
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§301 & 308, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S2435

S793A (ACTIVE) - Bill Texts

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

                                 793--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. YOUNG, BRESLIN, O'MARA, RANZENHOFER, RITCHIE, VALE-
  SKY -- (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 -- recommitted to the Committee on Agri-
  culture in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03427-02-1

S. 793--A                           2

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
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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