NY State Senate Bill 2017-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 - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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

- Jun 18, 2018 - Floor Vote
  S7438
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Feb 13, 2018 - Agriculture Committee Vote
  S7438
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Feb 13, 2018
      
      aye (11)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky

co-Sponsors

2017-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 Other Legislative Sessions:: 2019-2020: S1434
2021-2022: S2706
2023-2024: S4385

2017-S7438 (ACTIVE) - Summary

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

2017-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.

2017-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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Senate Bill S7438

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Sponsored By

Patty Ritchie