S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10803
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced  by M. of A. MAGEE, HUNTER, JONES, PELLEGRINO, WOERNER -- (at
   request of the Department of Agriculture and Markets) -- read once and
   referred to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   inspection  and  sale  of  seeds,  agricultural  liming  materials and
   commercial fertilizer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 7 of section 136 of the agriculture and
 markets law, subdivision 2 as added by chapter 631 of the laws  of  1955
 and  subdivision  7  as  amended by chapter 592 of the laws of 2003, are
 amended to read as follows:
   2. The term  "seed"  means  botanical  structures  used  for  planting
 purposes  and  commonly  referred  to  as "seed" within this state. This
 includes POTATO tubers [of  the  Irish  potato]  when  such  tubers  are
 represented as being suitable for planting purposes.
   7.  The term "noxious weed seeds" [includes seeds of bindweed (Convol-
 vulus arvensis), quackgrass (Elytrigia repens), Canada thistle  (Cirsium
 arvense),  bedstraw  (Galium  spp.), dodder (Cuscuta spp.), horse nettle
 (Solanum carolinense), wild onion (Allium canadense and  A.    vineale),
 corn  cockle  (Agrostemma  githago),  and  Russian  knapweed (Acroptilon
 repens)] ARE THOSE NOXIOUS WEED SEEDS WHICH ARE OBJECTIONABLE  IN  AGRI-
 CULTURE  CROPS,  LAWNS,  AND  GARDENS  OF  THIS  STATE  AND WHICH CAN BE
 CONTROLLED BY GOOD AGRICULTURAL PRACTICES  OR  THE  USE  OF  HERBICIDES.
 NOXIOUS  WEEDS  AND  THE NUMBER OF SUCH NOXIOUS WEED SEEDS ALLOWABLE PER
 POUND OF SEED SHALL BE ESTABLISHED IN REGULATION BY THE COMMISSIONER  IN
 CONSULTATION  WITH  EXPERTS  IN  SEED  CERTIFICATION  INCLUDING, BUT NOT
 LIMITED TO, PROGRAMS AT THE COLLEGE OF AGRICULTURE AND LIFE SCIENCES  AT
 CORNELL UNIVERSITY.
   §  2.  Section  136  of  the agriculture and markets law is amended by
 adding two new subdivisions 22 and 23 to read as follows:
   22. "MULCH" MEANS A PROTECTIVE  COVERING  OF  ANY  SUITABLE  SUBSTANCE
 PLACED  WITH  SEED  WHICH  ACTS TO RETAIN SUFFICIENT MOISTURE TO SUPPORT
 SEED GERMINATION AND SUSTAIN  EARLY  SEEDLING  GROWTH  AND  AID  IN  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09975-07-8

 A. 10803                            2
 
 PREVENTION  OF  THE  EVAPORATION OF SOIL MOISTURE, THE CONTROL OF WEEDS,
 AND THE PREVENTION OF EROSION.
   23.  "MIXTURE,"  "MIX,"  OR "MIXED" MEANS SEED CONSISTING OF MORE THAN
 ONE KIND, EACH IN EXCESS OF FIVE PERCENT BY WEIGHT OF THE WHOLE.
   § 3. Paragraph 2 of subdivision C of section 137  of  the  agriculture
 and  markets  law,  as  amended  by  chapter 160 of the laws of 1983, is
 amended to read as follows:
   2. Where more than one agricultural seed component is named, the  word
 mixture,  MIX,  or  [the word] mixed shall be shown conspicuously on the
 label.
   § 4. Paragraph 1 of subdivision D of section 137  of  the  agriculture
 and  markets law, as added by chapter 631 of the laws of 1955 and clause
 3 of subparagraph (b) as amended by chapter 592 of the laws of 2003,  is
 amended to read as follows:
   1. For VEGETABLE SEEDS IN PACKETS FOR USE IN HOME GARDENS OR HOUSEHOLD
 PLANTINGS  OR VEGETABLE SEEDS IN PRE-PLANTED CONTAINERS, MATS, TAPES, OR
 OTHER PLANTING DEVICES AND FOR peas, beans, and sweet corn in containers
 of one pound or less, and other kinds of vegetable seeds  in  containers
 of one-quarter pound or less
   (a) Name of kind and variety of seed;
   (b) LOT IDENTIFICATION, SUCH AS BY LOT NUMBER OR OTHER MEANS;
   (C) THE CALENDAR MONTH AND YEAR THE GERMINATION TEST WAS COMPLETED AND
 THE  STATEMENT  "SELL  BY  _______", WHICH MAY BE NO MORE THAN 12 MONTHS
 FROM THE DATE OF TEST, EXCLUSIVE OF THE MONTH OF TEST; OR
   THE YEAR FOR WHICH THE SEED WAS  PACKAGED  FOR  SALE  AS  "PACKED  FOR
 _____"  AND THE STATEMENT "SELL BY _____", WHICH SHALL BE FOR A CALENDAR
 YEAR; OR
   THE PERCENTAGE GERMINATION AND THE CALENDAR MONTH AND  YEAR  THE  TEST
 WAS COMPLETED TO DETERMINE SUCH PERCENTAGE PROVIDED THAT THE GERMINATION
 TEST  MUST  HAVE BEEN COMPLETED WITHIN 12 MONTHS, EXCLUSIVE OF THE MONTH
 OF TEST;
   (D) For seeds which germinate less than the standard last  established
 by the commissioner under this article;
   (1) Percentage of germination, exclusive of hard seed;
   (2) Percentage of hard seed, if present;
   (3)  The calendar month and year the test was completed and the state-
 ment "Sell by ______," which may be [nor] NOT more  than  twelve  months
 from the date of test, exclusive of the month of test, or the percentage
 germination  and  the  calendar month and year the test was completed to
 determine such percentage, provided that the germination test must  have
 been  completed within twelve months, exclusive of the month of test[.];
 AND
   (4) The words "below standard" in not less than eight-point type.
   § 5. Subparagraph (c) of paragraph 1 of subdivision E of  section  137
 of  the agriculture and markets law is relettered subparagraph (d) and a
 new subparagraph (c) is added to read as follows:
   (C) THE CALENDAR MONTH AND YEAR THE GERMINATION TEST WAS COMPLETED AND
 THE STATEMENT "SELL BY ______", WHICH MAY BE NO MORE THAN 12 MONTHS FROM
 THE DATE OF TEST, EXCLUSIVE OF THE MONTH OF TEST; OR
   THE YEAR FOR WHICH THE SEED WAS  PACKAGED  FOR  SALE  AS  "PACKED  FOR
 ______" AND THE STATEMENT "SELL BY _____", WHICH SHALL BE FOR A CALENDAR
 YEAR; OR
   THE  PERCENTAGE  GERMINATION  AND THE CALENDAR MONTH AND YEAR THE TEST
 WAS COMPLETED TO DETERMINE SUCH PERCENTAGE, PROVIDED THAT  THE  GERMINA-
 TION  TEST  MUST  HAVE  BEEN COMPLETED WITHIN 12 MONTHS EXCLUSIVE OF THE
 MONTH OF TEST.

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   § 6. Section 137 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision I to read as follows:
   I. FOR COMBINATION SEED AND FERTILIZER PRODUCTS. 1. THE WORD "COMBINA-
 TION"  FOLLOWED  BY THE WORDS "SEED-FERTILIZER" MUST APPEAR ON THE UPPER
 THIRTY PERCENT OF THE PRINCIPAL DISPLAY PANEL.  THE  WORD  "COMBINATION"
 MUST BE THE LARGEST AND MOST CONSPICUOUS TYPE ON THE CONTAINER, EQUAL TO
 OR LARGER THAN THE PRODUCT NAME. THE WORDS "SEED-FERTILIZER" SHALL BE NO
 SMALLER  THAT  ONE-HALF  THE SIZE OF THE WORD "COMBINATION" AND IN CLOSE
 PROXIMITY TO THE WORD "COMBINATION".
   2. ON THE ANALYSIS LABEL, THE PERCENTAGE BY WEIGHT OF  THE  FERTILIZER
 IN  THE  CONTAINER  SHALL BE LISTED ON A SEPARATE LINE AS A COMPONENT OF
 THE INERT MATTER.
   § 7. Subdivision B of section 138 of the agriculture and  markets  law
 is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SELL,  OFFER, OR EXPOSE FOR SALE AGRICULTURAL SEED MORE THAN
 NINE MONTHS FROM THE DATE OF THE  GERMINATION  TEST,  EXCLUSIVE  OF  THE
 MONTH OF THE TEST.
   §  8. The second undesignated paragraph of section 142 of the agricul-
 ture and markets law, as added by chapter 631 of the laws  of  1955,  is
 amended to read as follows:
   The  commissioner may, through promulgation of regulations, add to, or
 subtract [from, the list of] noxious weed  seeds  [set  forth  in]  FROM
 definition  seven, section one hundred thirty-six of this article, when-
 ever he finds, after public hearing, that such addition  or  subtraction
 is in the best interests of the agriculture of this state.
   §  9.  The  agriculture  and  markets  law  is amended by adding a new
 section 142-a to read as follows:
   § 142-A. STOP SALE ORDERS. THE COMMISSIONER MAY ISSUE  AND  ENFORCE  A
 WRITTEN  OR  PRINTED  "STOP  SALE, USE OR REMOVAL" ORDER TO THE OWNER OR
 CUSTODIAN OF ANY LOT OF SEED WHEN THE COMMISSIONER FINDS  THAT  SEED  IS
 BEING  OFFERED OR EXPOSED FOR SALE IN VIOLATION OF ANY OF THE PROVISIONS
 OF THIS ARTICLE, AND REQUIRE THE OWNER OR CUSTODIAN TO HOLD THE SEEDS AT
 A DESIGNATED PLACE UNTIL EITHER: (1) THE LAW HAS BEEN COMPLIED WITH  AND
 SAID  SEED  IS  RELEASED  BY  THE  COMMISSIONER  IN WRITING; OR (2) SAID
 VIOLATION HAS BEEN OTHERWISE LEGALLY DISPOSED OF BY  WRITTEN  AUTHORITY.
 THE  COMMISSIONER  SHALL RELEASE THE SEED SO WITHDRAWN WHEN THE REQUIRE-
 MENTS OF THE PROVISIONS OF THIS ARTICLE HAVE BEEN COMPLIED WITH.
   § 10. Subdivisions 1 and 3 of section 142-gg of  the  agriculture  and
 markets  law, as amended by chapter 251 of the laws of 1999, are amended
 to read as follows:
   1. It shall be the duty of the commissioner or his or her duly author-
 ized agent to sample AND ANALYZE each different  brand  of  agricultural
 liming material distributed within the state, to such an extent as he or
 she  may  deem  necessary to determine compliance with the provisions of
 this article.
   [A sample to be designated official shall be one taken in the presence
 of the supplier or a person responsible to  the  supplier.  Such  sample
 shall,  in  the  presence  of the witness, be divided into two represen-
 tative samples, each sealed, and one of such  sealed  samples  shall  be
 tendered,  and  if  accepted, delivered to the witness; the other sealed
 sample the commissioner shall analyze or cause to be analyzed.]
   THE METHODS OF SAMPLING AND ANALYSIS SHALL BE THOSE  THE  COMMISSIONER
 MAY REQUIRE BY REGULATION AND BE BASED ON METHODS ADOPTED BY AN AGRICUL-
 TURAL AND FOOD ANALYTICAL STANDARDS ASSOCIATION.
   3.  The  commissioner shall [publish or cause to be published at least
 annually] MAINTAIN AN ANNUAL RECORD OF, AND MAKE AVAILABLE UPON REQUEST,

 A. 10803                            4
 
 the results of all analyses [indicating] WITH RESPECT TO the information
 required to be shown on labels and statements pursuant  to  section  one
 hundred  forty-two-cc  of this article and such other information as the
 commissioner shall deem advisable.
   § 11. Subdivision b of section 143 of the agriculture and markets law,
 as  added  by  chapter  695  of  the laws of 1974, is amended to read as
 follows:
   b. The term "specialty fertilizer" shall mean a commercial  fertilizer
 distributed  primarily  for  non-farm use, [such as home gardens, lawns,
 shrubbery, flowers, golf courses, municipal  parks,  cemeteries,  green-
 houses and nurseries, and such other use] as the commissioner may define
 by regulation.
   §  12.  Section  143  of the agriculture and markets law is amended by
 adding a new subdivision t to read as follows:
   T. THE TERM "AGRICULTURAL AND FOOD ANALYTICAL  STANDARDS  ASSOCIATION"
 SHALL  MEAN AN INDEPENDENT, THIRD-PARTY, NOT-FOR-PROFIT ASSOCIATION THAT
 DEVELOPS VOLUNTARY, GLOBALLY ACCEPTED,  CONSENSUS  ANALYTICAL  STANDARDS
 AND  METHODS FOR ENSURING QUALITY MEASUREMENTS TO ADDRESS THE PURITY AND
 SAFETY OF AGRICULTURAL MATERIALS AND FOOD AND PROMOTES GLOBAL TRADE  AND
 PUBLIC HEALTH AND SHALL BE FURTHER DEFINED IN REGULATIONS BY THE COMMIS-
 SIONER.
   §  13.  Subdivision  (c) of section 146 of the agriculture and markets
 law, as amended by chapter 251 of the laws of 1999, is amended  to  read
 as follows:
   (c)  The  licensee shall inform the [director] COMMISSIONER in writing
 of additional distribution points established during the period  of  the
 license.
   §  14.  Section  146-a of the agriculture and markets law, as added by
 chapter 695 of the laws of 1974, is amended to read as follows:
   § 146-a. Inspection, sampling, analysis. a. It shall be  the  duty  of
 the  commissioner,  who may act through his authorized agent, to sample,
 inspect, and analyze  commercial  fertilizers  distributed  within  this
 state  at such time and place and to the extent he may deem necessary to
 determine whether such commercial fertilizers are in compliance with the
 provisions of this [act] ARTICLE. [A sample to be designated an official
 sample shall be divided into two representative  samples,  each  sealed,
 and  one  of  such  sealed  samples  shall be tendered, and if accepted,
 delivered to the custodian of the product; the other sample the  commis-
 sioner  shall  analyze or cause to be analyzed.] The methods of sampling
 and analysis shall be those the commissioner may require  by  regulation
 and [which may] be based on methods [recommended in publications such as
 that  of  the association of official analytical chemists] ADOPTED BY AN
 AGRICULTURAL AND  FOOD  ANALYTICAL  STANDARDS  ASSOCIATION,  AS  FURTHER
 DEFINED IN REGULATIONS BY THE COMMISSIONER.
   b. The results of the analysis of such sample shall be reported to the
 licensee within ninety days of the date of sampling and the commissioner
 shall  publish  or  cause to be published at least annually a summary of
 all analyses made, together with such additional information as  circum-
 stances advise.
   §  15. Subdivision (b) of section 146-b of the agriculture and markets
 law, as added by chapter 695 of the laws of 1974, is amended to read  as
 follows:
   (b) A commercial fertilizer shall be deemed to be adulterated:
   (1) if it contains any deleterious or harmful ingredient in sufficient
 amount to render it injurious to beneficial plant life, ANIMALS, HUMANS,
 AQUATIC  LIFE, SOIL, OR WATER when applied in accordance with directions

 A. 10803                            5
 
 for use on the label, or if adequate warning  statements  or  directions
 for  use, which may be necessary to protect plant life, ANIMALS, HUMANS,
 AQUATIC LIFE, SOIL, OR WATER are not shown upon the label;
   (2)  if  its  composition falls below or differs from that which it is
 purported to possess by its labelling; [or]
   (3) if it contains unwanted crop seed or weed seed; OR
   (4) IF IT CONTAINS METALS IN AMOUNTS GREATER  THAN  THOSE  LEVELS  THE
 COMMISSIONER  MAY  ESTABLISH  BY  REGULATION,  BASED  UPON THE CONSENSUS
 RESEARCH-BASED RECOMMENDATIONS OF AN ORGANIZATION OF STATE,  TERRITORIAL
 AND INTERNATIONAL FERTILIZER CONTROL OFFICIALS WHO ADMINISTER FERTILIZER
 LAWS AND REGULATIONS.
   §  16.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law, provided that any rule  or  regulation
 necessary  for  the  timely  implementation of this act on its effective
 date may be promulgated on or before such date,  provided  however  that
 retailers  shall have ninety days from the effective date of this act to
 sell through product subject to paragraph 1 of subdivision D of  section
 137, subparagraph (c) of paragraph 1 of subdivision E of section 137 and
 paragraph  10  of  subdivision  B  of section 138 of the agriculture and
 markets law as amended by sections four, five  and  seven  of  this  act
 which is held in inventory on the effective date of this act.