senate Bill S7438

2017-2018 Legislative Session

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

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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

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

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

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