S T A T E O F N E W Y O R K
________________________________________________________________________
9064
I N A S S E M B L Y
March 12, 2014
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Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to limiting
disclosure of certain information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 23-a to read as follows:
S 23-A. LIMITATION ON DISCLOSURES ASSOCIATED WITH FREEDOM OF INFORMA-
TION LAW. 1. NOTWITHSTANDING ARTICLE SIX OF THE PUBLIC OFFICERS LAW, THE
COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR ANY CONTRAC-
TOR OR COOPERATOR OF THE DEPARTMENT, SHALL NOT DISCLOSE PURSUANT TO A
REQUEST MADE PURSUANT TO SUCH ARTICLE:
(A) INFORMATION VOLUNTARILY PROVIDED BY AN OWNER OR OPERATOR OF A FARM
OPERATION IN ORDER TO PARTICIPATE IN THE NEW YORK STATE CATTLE HEALTH
ASSURANCE PROGRAM OR ANY SUCCESSOR CATTLE HEALTH PROGRAM ESTABLISHED BY
THE DEPARTMENT PURSUANT TO SUBDIVISION FORTY-ONE OF SECTION SIXTEEN OF
THIS ARTICLE (COLLECTIVELY, "NYSCHAP"); OR
(B) INFORMATION OTHERWISE CREATED AND MAINTAINED BY THE COMMISSIONER
ABOUT FARM OPERATIONS FOR WHICH INFORMATION DESCRIBED IN PARAGRAPH (A)
OF THIS SUBDIVISION IS VOLUNTARILY PROVIDED.
2. THE DISCLOSURE OF INFORMATION UNDER SUBDIVISION ONE OF THIS SECTION
SHALL NOT CONSTITUTE A WAIVER OF ANY APPLICABLE PRIVILEGE OR PROTECTION
UNDER FEDERAL OR STATE LAW, INCLUDING TRADE SECRET PROTECTION.
3. THE MEANING OF THE TERM "FARM OPERATION" AS USED IN THIS SECTION
SHALL BE THE SAME AS IT IS DEFINED IN SUBDIVISION ELEVEN OF SECTION
THREE HUNDRED ONE OF THIS CHAPTER.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11735-02-4