NY State Senate Bill S7438

senate Bill S7438

2017-2018 Legislative Session

Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism

download bill text pdf

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

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to agriculture delivered to assembly passed senate
Feb 28, 2018	advanced to third reading
Feb 27, 2018	2nd report cal.
Feb 13, 2018	1st report cal.496
Jan 18, 2018	referred to agriculture

Votes

Co-Sponsors

S7438 (ACTIVE) - Details

See Assembly Version of this Bill:: A9838
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§305-a & 301, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:: S1434

S7438 (ACTIVE) - Summary

Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism.

S7438 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7438

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to certain farm wineries, farm breweries, farm distilleries,
and farm cideries whose business includes agricultural tourism

 
PURPOSE:

This legislation provides guidance to the Commissioner of Agriculture
and Markets regarding the restriction of farm operations that include
wineries, breweries and cideries, in designated agricultural districts

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivison 1 of section 305-a of the agri-
culture and markets law to create a new paragraph d. It provides guid-
ance to the Commissioner when issuing opinions regarding land use deci-
sions in agricultural districts. In cases involving farm wineries,
breweries, distilleries or cideries whose business includes agricultural
tourism, the commissioner may make a determination at the request of the

farm, as to whether a local land use law or regulation unreasonably
restricts the practices of the farm. For purposes of such a determi-
nation, the definition of "farm operation" is expanded to include farm
sales, on-farm wedding receptions, parties, and other special events
(such as harvest festivals, charitable events or tastings). At such
events, the farm operation must offer its farm wines, beers, ciders or
distilled spirits products for sale

Section 2 of the bill amends subdivision 15 of section 301 of the agri-
culture and markets law, which contains a definition of agricultural
tourism. It defines agricultural tourism to include activities related
to the purchasing, selling, marketing, and producing wine, beer, cider,
distilled spirits and other farm products by farm wineries, breweries,
distilleries and cideries.

Section 3 of the bill provides the effective date.

 
EXISTING LAW:

Under existing law, municipalities and farms may request an opinion from
the Commissioner of Agriculture and Markets concerning whether a local
land use law or regulation unreasonably restricts a farm's operations in
an agricultural district. In addition, "farm operations" is currently
defined to mean activities including the production of maple sap and
pure maple products, conducted by a farmer for the on-farm enjoyment and
education of the public, which primarily promotes the sale, marketing,
production, harvesting or use of the products on the farm.

 
JUSTIFICATION:

Agricultural tourism has become a vital component of small farmers'
businesses, particularly as the craft beverage industry has expanded.
Laws protecting these farm operations in agricultural districts need to
be updated and expanded as well, to reflect these business changes. This
bill provides the Department of Agriculture and Markets with guidance to
examine local land use laws that may affect farm operations which
include breweries, wineries, and cideries as part of their business.

 
LEGISLATIVE HISTORY:

None. This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The bill would take effect 90 days after it becomes a law.

S7438 (ACTIVE) - Bill Text download pdf


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

                                  7438

                            I N  S E N A T E

                            January 18, 2018
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  certain
  farm  wineries,  farm  breweries, farm distilleries, and farm cideries
  whose business includes agricultural tourism

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  305-a of the agriculture and
markets law is amended by adding a new paragraph d to read as follows:
  D. FOR FARM WINERIES, FARM  BREWERIES,  FARM  DISTILLERIES,  AND  FARM
CIDERIES  IN  AN  APPROVED AGRICULTURAL DISTRICT WHOSE BUSINESS INCLUDES
AGRICULTURAL TOURISM AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION  THREE
HUNDRED  ONE OF THIS ARTICLE AND WHO WERE DEVELOPED AND INDUCED WITH THE
ASSISTANCE OF THE EMPIRE STATE DEVELOPMENT CORPORATION, THE  COMMISSION-
ER,  IN CONSULTATION WITH THE NEW YORK STATE LIQUOR AUTHORITY AND EMPIRE
STATE DEVELOPMENT CORPORATION, MAY MAKE A DETERMINATION AT  THE  REQUEST
OF  A  FARM  WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM CIDERY AS TO
WHETHER MARKETING ACTIVITIES AND OTHER RELATED PRACTICES ARE  "UNREASON-
ABLY  RESTRICTED"  BY  PROPOSED  CHANGES  IN LOCAL LAND USE REGULATIONS,
ORDINANCES, OR LOCAL LAWS OR REVIEWING A PERMIT PERTAINING  TO  AGRICUL-
TURAL  PRACTICES.  FOR  PURPOSES  OF  THIS  SECTION  "FARM OPERATION" AS
DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THIS ARTI-
CLE, SHALL ALSO INCLUDE FOOD SALES, ON-FARM WEDDING RECEPTIONS, PARTIES,
AND SPECIAL EVENTS (INCLUDING, BUT NOT LIMITED  TO,  HARVEST  FESTIVALS,
CHARITABLE EVENTS, AND WINE, BEER, CIDER AND DISTILLED SPIRITS TASTINGS)
AT WHICH SUCH FARM WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM CIDERY
SELLS,  MARKETS,  OR OFFERS FOR SALE ITS CROP INCLUDING, BUT NOT LIMITED
TO WINES, BEERS, CIDER, OR DISTILLED  SPIRITS.  "FARM  OPERATION"  SHALL
ALSO INCLUDE THE PURCHASING OF CROPS BETWEEN FARMS LOCATED IN NEW YORK.
  § 2. Subdivision 15 of section 301 of the agriculture and markets law,
as  amended  by  chapter  87  of the laws of 2010, is amended to read as
follows:
  15. "Agricultural tourism" means activities, including the  production
of  maple  sap  and  pure  maple products made therefrom, AND ACTIVITIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13443-04-7

S. 7438                             2

RELATED TO THE PURCHASING, SELLING, MARKETING, AND PRODUCTION  OF  WINE,
BEER,  CIDER, DISTILLED SPIRITS, AND OTHER NEW YORK STATE FARM PRODUCTS,
BY FARM WINERIES, FARM BREWERIES, FARM DISTILLERIES, AND FARM  CIDERIES,
conducted  by a farmer on-farm for the enjoyment and/or education of the
public,  which  primarily  promote  the  sale,  marketing,   production,
harvesting  or  use of the products of the farm and enhance the public's
understanding and awareness of farming and farm life.
  § 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S7438

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 18, 2018 - floor Vote

Floor Vote: Jun 18, 2018

Feb 13, 2018 - Agriculture committee Vote

Agriculture Committee Vote: Feb 13, 2018

Co-Sponsors

S7438 (ACTIVE) - Details

S7438 (ACTIVE) - Summary

S7438 (ACTIVE) - Sponsor Memo

S7438 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7438

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 18, 2018 - floor Vote

Floor Vote: Jun 18, 2018

Feb 13, 2018 - Agriculture committee Vote

Agriculture Committee Vote: Feb 13, 2018

Co-Sponsors

Patrick M. Gallivan

S7438 (ACTIVE) - Details

S7438 (ACTIVE) - Summary

S7438 (ACTIVE) - Sponsor Memo

S7438 (ACTIVE) - Bill Text download pdf

Comments