S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8215
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to labeling
   requirements for native plant seeds
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The agriculture and markets law is amended by adding a  new
 section 142-c to read as follows:
   §  142-C.  LABELING OF NATIVE PLANT SEEDS. 1. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "NATIVE PLANT SEEDS" SHALL HAVE THE  SAME  MEANING  AS
 DEFINED BY SECTION ONE HUNDRED FORTY-TWO-B OF THIS ARTICLE.
   2.  ANY PERSON, FIRM, CORPORATION, DISTRIBUTOR, OR VENDOR THAT LABELS,
 ADVERTISES, MARKETS, OFFERS FOR SALE, OR DISTRIBUTES  SEEDS  LABELED  AS
 NATIVE PLANT SEEDS WITHIN NEW YORK STATE SHALL BE REQUIRED TO INCLUDE ON
 THE  PRODUCT  PACKAGING, OR ON DOCUMENTATION MADE AVAILABLE AT THE POINT
 OF SALE OR DISTRIBUTION OF SUCH SEEDS, THE FOLLOWING  INFORMATION  IN  A
 CLEAR AND CONSPICUOUS MANNER:
   (A)  THE  ORIGINAL GEOGRAPHIC LOCATION OF COLLECTION OR SOURCE ZONE OF
 SUCH SEEDS, INCLUDING STATE, REGION, OR ECOLOGICAL ZONE, AS APPLICABLE;
   (B) A STATEMENT IDENTIFYING THE ECOLOGICAL REGION(S) WITHIN  NEW  YORK
 STATE FOR WHICH SUCH SEEDS ARE MOST APPROPRIATE, BASED ON ADAPTATION AND
 SUITABILITY FOR RESTORATION, CONSERVATION, OR LANDSCAPE USE;
   (C)  THE  FULL  SCIENTIFIC  NAME  OF THE SPECIES, SUBSPECIES, VARIETY,
 AND/OR CULTIVAR, AS APPLICABLE, OF SUCH SEEDS,  CONSISTENT  WITH  RECOG-
 NIZED BOTANICAL STANDARDS;
   (D)  WHETHER  SUCH SEEDS ARE WILD-COLLECTED, CULTIVATED FROM WILD-COL-
 LECTED STOCK, OR PRODUCED THROUGH OTHER MEANS, AND  WHETHER  SUCH  SEEDS
 ARE FIRST-GENERATION (G1) OR FURTHER GENERATIONS REMOVED FROM WILD POPU-
 LATIONS;
   (E) THE CALENDAR YEAR IN WHICH SUCH SEEDS WERE COLLECTED OR HARVESTED;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11631-01-5
              

 A. 8215                             2
 
   (F)  A UNIQUE CODE OR NUMBER FOR LOT TRACEABILITY OF SUCH SEEDS, WHERE
 APPLICABLE.
   3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVIRON-
 MENTAL CONSERVATION, SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
 THE  PROVISIONS  OF  THIS  SUBDIVISION. SUCH RULES AND REGULATIONS SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) STANDARDIZED TERMINOLOGY AND  FORMATTING  REQUIREMENTS  TO  ENSURE
 CONSISTENCY AND CONSUMER READABILITY;
   (B)   CRITERIA  FOR  ECOLOGICAL  REGION  IDENTIFICATION  AND  MAPPING,
 INFORMED BY EXISTING SEED ZONES OR ECOREGIONS  RECOGNIZED  BY  STATE  OR
 FEDERAL AGENCIES;
   (C)  REQUIREMENTS  FOR  SEED  SUPPLIERS OR VENDORS TO MAINTAIN RECORDS
 VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED PURSUANT TO  SUBDIVI-
 SION TWO OF THIS SECTION, FOR A MINIMUM OF THREE YEARS;
   (D)  PROCEDURES FOR INSPECTION, COMPLIANCE MONITORING, AND ENFORCEMENT
 ACTIONS, INCLUDING PENALTIES FOR MISREPRESENTATION OR FAILURE TO  COMPLY
 WITH THE LABELING REQUIREMENTS ESTABLISHED UNDER THIS SECTION.
   4. THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DEPARTMENT'S WEBSITE A
 SUMMARY  OF  THE  LABELING  REQUIREMENTS  ESTABLISHED  PURSUANT  TO THIS
 SECTION AND SHALL DEVELOP EDUCATIONAL MATERIALS  TO  BE  DISTRIBUTED  TO
 SEED  VENDORS, NURSERIES, PLANT FARMS, CONSERVATION ORGANIZATIONS, MUNI-
 CIPALITIES, AND OTHER RELEVANT ENTITIES, INCLUDING THROUGH  THE  CORNELL
 COOPERATIVE EXTENSION AND OTHER HORTICULTURAL AND AGRICULTURAL NETWORKS.
   5. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER FROM ESTAB-
 LISHING  ADDITIONAL OR MORE SPECIFIC LABELING OR DOCUMENTATION STANDARDS
 FOR PARTICULAR CLASSES OF NATIVE PLANT SEEDS  IF  DEEMED  NECESSARY  FOR
 CONSUMER PROTECTION, ECOLOGICAL APPROPRIATENESS, OR REGULATORY CLARITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.