Senate Bill S5929A

                                BILL NUMBER:S5929A

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to limiting disclosure of certain information

PURPOSE:

The bill will ensure the viability of the New York State Cattle Health
Assurance Program (NYSCHAP) by enhancing the ability of the NYS
Department of Agriculture and Markets to withhold confidential records
otherwise subject to release under the Freedom of Information Law
(FOIL).

SUMMARY OF PROVISIONS:

Section I adds a new section 23-a to the agriculture and markets by
exempting, from freedom of information law requests, information
voluntarily provided by an owner or operator of a farm operation in
order to participate in NYSCHAP.

Section II - This act shall take effect immediately.

JUSTIFICATION:

Similar to federal confidentiality protections for producer
information submitted to USDA programs, this bill establishes
              

protection and statutorily recognizes the confidentiality of
voluntarily-provided information by agricultural producers who
participate in NYSCHAP. Necessary for the success of USDA programs, an
exemption was codified in federal law making all information
voluntarily provided by agricultural producers and owners of
agricultural land concerning the agricultural operation, farming or
conservation practices, or the land itself for the purposes of USDA
program participation exempt from the federal Freedom of Information
Act (FOIA).

Information voluntarily provided by New York produces to participate
in NYSCHAP is equally critical to the success of this state program
designed to improve animal health, animal well-being and faiui
viability. This program also reduces the risk of devastating animal
disease outbreaks, provides rapid response and containment when
outbreaks do occur, and helps producers optimize the productivity of
their livestock. For this program to be successful, the Division of
Animal Industry (DAI) must collect data from farm owners concerning
their husbandry practices and other information pertaining to the
farm's operation.  Participation in NYSCHAP is voluntary and owners
will not participate if they have concerns that data about their
operations will be made available to the public.

NYSCHAP assists dairy and beef producers in implementing best
management practices to help ensure profitability, productivity, and
animal health as well as food safety, public health, and consumer
confidence in the dairy and beef products. The goal of NYSCHAP is to
encourage cattle farmers to take a proactive approach in dealing with
animal health issues. To meet this goal, herd veterinarians and
farmers, in conjunction with Department veterinarians establish herd
plans which are reviewed and amended on a yearly basis. As part of


NYSCHAP, livestock farmers submit to milk quality laboratory analyses
as well as report on cattle health, best management practices on the
farm and other specific business practices. The release of such
proprietary information under the Freedom of Information Law would be
detrimental to a farmers' business.

The failure to maintain the confidentially of data voluntarily
provided to DAI by NYSCHAP participating farms will cause many
participants to drop out of the program and will discourage new
participants. This bill will ensure such confidentially is maintained.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.