NY State Senate Bill 2023-S4385

Senate Bill S4385

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Agriculture 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to agriculture
Feb 08, 2023	referred to agriculture

2023-S4385 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§305-a & 301, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7438
2019-2020: S1434
2021-2022: S2706

2023-S4385 (ACTIVE) - Summary

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

2023-S4385 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4385

SPONSOR: WALCZYK
 
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 subdivision 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, brewer-
ies,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, market-
ing,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:

2021-2022: S2706 Referred to Agriculture

2019-2020: 1434

 
FISCAL IMPLICATIONS:

None.

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

2023-S4385 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4385
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen. WALCZYK -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06849-01-3
 S. 4385                             2

   § 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
 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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