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.