Directs the department of agriculture and markets, in cooperation with the department of environmental conservation, to establish standards for designation of native plants, to develop a list of native plants that indicates and differentiates between native plants that are indigenous to New York state and those that are native plants found elsewhere in the United States that are likely to shift or expand their range into NY, to establish a New York native plant designation, and to offer seals or logos identifying native plants as grown in New York state; defines "native plants".
S T A T E O F N E W Y O R K
________________________________________________________________________
9478
I N A S S E M B L Y
January 7, 2026
___________
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 estab-
lishing a New York native plants designation; to repeal certain
provisions of such law relating thereto; and to amend a chapter of the
laws of 2025 amending the agriculture and markets law relating to
establishing a New York native plants designation, as proposed in
legislative bills numbers S. 7359-A and A. 7964-A, in relation to the
effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-h of section 16 of the agriculture and
markets law is REPEALED.
§ 2. Section 166 of the agriculture and markets law is amended by
adding two new subdivisions 5 and 6 to read as follows:
5. IN COOPERATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
THE DEPARTMENT SHALL:
A. ESTABLISH STANDARDS FOR DESIGNATION OF NATIVE PLANTS IN NEW YORK IN
CONSULTATION WITH RECOGNIZED CERTIFICATION ORGANIZATIONS, ACADEMICS,
NURSERY GROWERS, AND NURSERY DEALERS;
B. DEVELOP A LIST OF NATIVE PLANTS THAT SHALL INDICATE AND DIFFEREN-
TIATE NATIVE PLANTS THAT ARE: (I) NON-INVASIVE HERBACEOUS AND WOODY
PLANT SPECIES THAT ARE INDIGENOUS TO NEW YORK STATE AND ARE LIKELY TO
MAINTAIN THEIR RANGE OR SUCCESSFULLY ADAPT TO ANTICIPATED CLIMATE CHANG-
ES IN NEW YORK STATE AND THE NORTHEASTERN UNITED STATES; AND (II)
NATIVE, NON-INVASIVE PLANTS FOUND ELSEWHERE IN THE UNITED STATES THAT
ARE LIKELY TO SHIFT OR EXPAND THEIR RANGE INTO NEW YORK STATE AND THE
NORTHEASTERN UNITED STATES IN RESPONSE TO ANTICIPATED CLIMATE CHANGE;
C. OFFER SEALS OR LOGOS IDENTIFYING NATIVE PLANTS AS GROWN IN NEW YORK
STATE AND MARKETED BY NURSERY GROWERS AND NURSERY DEALERS REGISTERED
PURSUANT TO THIS ARTICLE; AND
D. PROVIDE EDUCATIONAL MATERIALS PROMOTING AWARENESS AND UNDERSTANDING
OF THE BENEFITS OF NATIVE PLANTS UNDER THE NEW YORK NATIVE PLANT DESIG-
NATION TO HORTICULTURAL PRODUCERS, GARDEN CENTERS, CONSUMERS, EDUCA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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