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This entry was published on 2022-10-21
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SECTION 16
General powers and duties of department
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 2
§ 16. General powers and duties of department. The department through
the commissioner shall have power to:

1. Execute and carry into effect the laws of the state and the rules
of the department, relative to agriculture, horticulture, farm, fruit,
and dairy products, aquaculture, and the production, processing,
transportation, storage, marketing and distributing of food; enforce and
carry into effect the provisions of the laws of the state relative to
weights and measures.

2. Aid in the promotion and development of the agricultural resources
of the state and the improvement of the conditions of rural life; the
improvement of the fertility and productiveness of farm lands and the
restoration to fertility and productiveness of unoccupied and
unproductive land; the settlement of farms and the supply of farm labor;
the stocking of farms with meat-producing and dairy animals and
promoting the production of cereals, fruits and vegetables, and
co-operate with county farm bureaus, and with agricultural, dairying and
horticultural associations or corporations and other agencies organized
for any or all of such purposes.

2-a. Aid in the promotion and marketing of finfish and shellfish
derived from commercial fishing or aquacultural activities and cooperate
with fishing and aquaculture associations or corporations organized for
any or all such purposes.

2-b. Aid in the promotion, marketing, and sale of New York state
labelled wines, grapes and grape products in cooperation with the
department of economic development both within and outside the state and
to provide promotion and marketing advisement to wineries, farm
wineries, micro-wineries, grape and other fruit growers and processors,
and related trade organizations located within this state.

2-c. Aid in the export promotion and marketing of eligible
agricultural products, in cooperation with the department of economic
development.

* 2-d. Coordinate with the office of general services and the
department of economic development to provide a training program once
per year, in each economic development region, established in article
eleven of the economic development law, to encourage and increase
participation in the procurement process, pursuant to article eleven of
the state finance law, by small businesses, as defined in section one
hundred thirty-one of the economic development law, including farms,
selling food or food products grown, produced, harvested, or processed
in New York state and assist such businesses in identifying such food or
food products, which may help to meet state agencies' needs. The
departments and office may also invite to the regional training programs
representatives of local governments, including school districts, that
may be interested in purchasing New York state food products.

* NB Effective until January 1, 2023

* 2-d. Coordinate with the office of general services and the
department of economic development to provide a training program once
per year, in each economic development region, established in article
eleven of the economic development law, to encourage and increase
participation in the procurement process, pursuant to article eleven of
the state finance law, by small businesses, as defined in section one
hundred thirty-one of the economic development law, including farms,
selling food or food products, or animal or plant fiber products grown,
produced, harvested, or processed in New York state or textile products
manufactured from animal or plant fiber grown or produced predominantly
in New York state and assist such businesses in identifying such food or
food products, or animal or plant fiber textile products, which may help
to meet state agencies' needs. The departments and office may also
invite to the regional training programs representatives of local
governments, including school districts, that may be interested in
purchasing New York state food products or animal or plant fiber textile
products.

* NB Effective January 1, 2023

2-e. Develop, and update, guidance and other information to:

(i) assist county legislative bodies, agricultural and farmland
protection boards and departments in creating and reviewing agricultural
districts pursuant to sections three hundred three, three hundred
three-a and three hundred three-b of this chapter; and

(ii) assist the commissioner of taxation and finance to support
training of assessors and any other local government officials who have
responsibility for agricultural assessment and taxation.

2-f. Aid in the promotion, marketing and sale of New York state farm
products used for holiday celebrations and decorations, including, but
not limited to, Christmas trees, wreaths, pumpkins, flowers and other
similar products in cooperation with the empire state development
corporation by providing listings of such growers and suppliers to
vendors selling such products and to municipalities that may provide
such information to vendors selling such products on municipal
sidewalks, lots or streets.

2-g. Aid, in cooperation with the department of economic development,
in the promotion, marketing and sale, both within and outside the state,
of New York state animal and plant fiber and products made from such
fiber. For the purposes of this subdivision animal fiber means natural
fibers that have formed the covering, or fleece, of sheep or other hairy
animals such as goats or alpacas, shorn for the purposes of creating
textile products, and plant fiber means natural fibers that are obtained
from plants and used to create textile products including, but not
limited to, hemp. Such aid shall include, but not be limited to:

(a) the opportunity for producers of animal and plant fibers in the
state to participate in programs that offer seals or logos identifying
such fibers as grown in New York state and certified for their quality,
for product labeling, advertising, and displays; and

(b) the development of educational materials about animal and plant
fiber, especially for young people, in cooperation with cooperative
extension, boards of cooperative educational services, local fairs, and
the state fair.

3. Investigate the cost of food production and marketing in all its
phases.

4. Investigate the sources of food supply for the state, the
production, transportation, storage, marketing and distribution of food
sold, offered for sale, stored or held within the state, the cost of
transportation to the leading centers of population and of distribution
to consumers.

5. Collect and disseminate accurate data and statistics as to the food
produced, stored or held within the state, the quantities available from
time to time and the location thereof, and so far as practicable and
available collect such like statistics from without the state, as are of
value to producers and consumers within the state.

5-a. Establish an information network between agricultural producers
and consumers to facilitate and promote the direct marketing of New York
farm products. The commissioner may publicize such direct marketing
information network. He may compile information voluntarily provided by
farmers and growers who desire to sell farm products directly to
consumers, and distribute such information, in the manner he deems
appropriate, to food buying cooperatives, governmental agencies,
community service organizations, the bureau of government-donated foods
distribution in the office of general services, the cooperative
extension service, and to any person requesting such information.

5-b. (a) Establish, in cooperation with the commissioner of education,
a farm-to-school program to facilitate and promote the purchase of New
York farm products by schools, universities and other educational
institutions under the jurisdiction of the education department. The
department shall solicit information from the education department
regarding school districts and other educational institutions interested
in purchasing New York farm products, including but not limited to, the
type and amount of such products schools wish to purchase and the name
of the appropriate contact person from the interested school district.
The department shall make this information readily available to
interested New York farmers, farm organizations and businesses that
market New York farm products. The department shall provide information
to the education department and interested school districts and other
educational institutions about the availability of New York farm
products, including but not limited to, the types and amount of
products, and the names and contact information of farmers, farm
organizations and businesses marketing such products. The commissioner
shall report to the legislature on the need for changes in law to
facilitate the purchases of such products by schools and educational
institutions.

The department shall also coordinate with the education department,
and school food service, education, health and nutrition, farm, and
other interested organizations in establishing a promotional event, to
be known as New York Harvest For New York Kids Week, in early October
each year, that will promote New York agriculture and foods to children
through school meal programs and the classroom, at farms and farmers'
markets and other locations in the community.

(b) Cooperate with the department of health in implementing the
childhood obesity prevention program pursuant to title eight of article
twenty-five of the public health law and with the commissioner of
education to encourage the production and consumption of fresh locally
produced fruits and vegetables by elementary and secondary school aged
children pursuant to paragraph (a) of this subdivision to help combat
the increasing incidence of childhood obesity.

(c) Cooperate with federal, other state and municipal agencies to
encourage the expansion of community gardens pursuant to article two-C
of this chapter to help encourage the production and consumption of
fresh locally produced fruits and vegetables to help combat the
increasing incidence of adult and child obesity.

5-c. Cooperate with the commissioner of education, pursuant to
subdivision fifty-six of section three hundred five of the education
law, to develop guidelines for the voluntary implementation by school
districts and institutions of higher education of programs which
encourage the donation of excess, unused, edible food from meals served
at such educational facilities to local voluntary food assistance
programs.

6. Investigate and recommend useful methods of co-operative
production, marketing and distribution of foods within the state.

7. Aid in the organization and operation of co-operative associations
and corporations among producers and consumers of farm products, and
also aid in the organization and operation of co-operative associations,
corporations or other agencies for the purpose of increasing the
production, improving the quality, grading or bringing together of farm
products for wholesale marketing.

7-a. Call conferences of co-operative associations of producers of
farm products organized under or subject to the provisions of chapter
seventy-seven of the consolidated laws for discussion of cost of
production, transportation and marketing, of market conditions and
prices for sale of farm products to the end that the marketing operating
operations for such co-operative associations may be facilitated, made
more efficient and the producers may obtain the reasonable cost of
production, plus cost of compliance with sanitary regulations affecting
production or marketing. Such conferences shall be held under the
supervision of the commissioner. Neither such conferences nor any
agreements or arrangements resulting therefrom, if such agreements or
arrangements are approved by the commissioner, shall be deemed or
construed to be acts, conspiracies, agreements or arrangements in
restraint of trade or commerce or injurious to public welfare. The
powers hereby conferred may also be exercised in conjunction with
officials or representatives of the federal government.

8. Co-operate with and aid farmers and other producers of food, and
distributors and consumers thereof, in improving and maintaining
economic and efficient systems of production, storage, distribution and
marketing, and in reaching advantageous markets. The commissioner may
develop, coordinate and conduct programs for advertising, publicity and
general promotion of agricultural and food products grown, processed,
packed or otherwise made within the state. The commissioner may
establish a voluntary program for the improvement of direct marketing of
New York farm products at roadside farm markets. The commissioner may
adopt a word or symbol to identify roadside markets participating in
such program, advertise and publicize the roadside farm market program,
and provide technical and promotional assistance to effectuate said
program. The commissioner may charge fees for the sale or use of
promotional materials or items, and any income derived from such
programs shall be deposited in a special account of the farm products
publicity fund established under section one hundred fifty-six-i of this
chapter. Any expenses incurred in the conduct of such programs may be
paid out of such account on vouchers approved by the commissioner, after
audit by the comptroller.

9. Acquire and disseminate accurate information as to market prices of
food products, and market conditions, in the markets of the state and
any other markets, through use of department market reporters, or
agreements with organized groups of producers or shippers or dealers in
farm produce for the joint employment of market reporters, or special
arrangements with existing market reporting agencies, when in the
judgment of the commissioner such information will be valuable to the
producers or consumers of the state.

10. Acquire and publish useful information to facilitate
transportation, to avoid delays therein and upon request advise shippers
or purchasers as to the most direct and expeditious route of shipment to
market.

11. Co-operate with the commissioner of transportation with the view
of obtaining suitable, expeditious and economical facilities for the
shipment of food, and recommend as to the action to be taken by such
commissioner to avoid and prevent unfair discrimination in such shipment
and unreasonable delay in the transportation thereof, and to obtain fair
and reasonable rates for such transportation.

12. Investigate delays in transportation, and in case food is likely
to spoil for lack of ready market, take such action as seems advisable
for facilitating the sale thereof.

13. Investigate restraints of trade or unlawful combinations to fix
prices.

14. Investigate as to the needs of terminal, dock and other
distributing facilities for the delivery and distribution of foods at
the centers of population, and the establishment and operation of
co-operative or public abattoirs for the slaughter of animals and
poultry for food purposes; and advise and co-operate with corporations
and municipalities or other agencies to promote their establishment,
construction or acquisition for the public use and make recommendations
as to the conduct thereof.

15. Advise and co-operate in establishing local markets, and
warehouses for assembling, grading, packing and storing food or farm
products, whenever in the judgment of the commissioner the public
interests require such establishment.

16. Co-operate with producers in the conduct of experiments and
disseminate information as to producing, assembling, grading, packing,
distributing and selling farm products, so as to demonstrate economic
and efficient methods, and to standardize the grades of such products
and determine the cost of such production, assembling, grading, packing,
distribution and sale.

17. Investigate plans to be established by law for the purpose of
securing an ample supply of pure milk in centers of population upon an
economic basis of distribution and to aid in the accomplishment of such
purpose within the provisions of existing law.

18. Ascertain the names and addresses of producers, manufacturers,
importers, exporters and potential exporters and distributors of food,
the kind of food produced, manufactured, imported, exported or to be
exported or distributed by such persons, and to publish the same
whenever in the judgment of the commissioner public interests require
or, upon request, when in the public interest, supply lists of such
persons.

19. Make such recommendations as in the judgment of the commissioner
will stimulate and increase the production or distribution or sale of
food and co-operate with public or private agencies for that purpose.

20. Act as mediator or arbitrator in any controversy or issue that may
arise between producers and distributors of food.

21. Investigate, when deemed advisable, the conduct and methods of
exchanges and boards of trade within the state for the purchase and sale
of food.

22. Collect and publish data concerning the purity, wholesomeness,
economic value and the nutritious and hygienic properties of food
produced, sold or available for sale within the state, and for such
purpose to take, examine and analyze samples of such food.

23. Investigate deceptions in the quality, quantity or character of
foods produced, stored, sold or offered for sale within the state,
including the adulteration and misbranding thereof.

24. Co-operate with local health departments and other local agencies
in preventing the production, manufacture, sale or offering for sale of
fraudulent, deleterious or unwholesome food. The commissioner may
contract with any such local health department or other local agency for
the performance of inspections with respect to any food or other product
over which he has jurisdiction, powers and duties under the provisions
of this chapter.

25. Inspect and determine the grade or condition of farm products at
shipping points and receiving centers, and provide for the issuance of
certificates of such inspections and enter into co-operative
arrangements with state and federal marketing agencies for joint
inspections. The commissioner shall require and receive the payment of
fees for such inspection services in amounts not exceeding the estimated
cost of the services. The commissioner shall remit to the state
treasurer such fees received monthly.

25-a. Inspect and determine the grade or condition of farm products,
issue certificates of such inspections and provide quality control
services for growers, canners, processors, packers, shippers, sellers,
buyers, retailers and receivers upon request therefor; enter into
cooperative arrangements with state and federal agencies, or persons or
organizations authorized by a federal agency to conduct farm products
inspections, for joint inspections; enter into contracts with applicants
for such inspections and services, which contracts shall require payment
by applicants of the full costs of the services provided. All moneys
received by the commissioner pursuant to such contracts shall be
deposited in an account within the miscellaneous special revenue fund
and shall be used to defray the expenses incidental to carrying out the
powers and duties authorized by this subdivision. The state's financial
contribution to the pest control compact adopted pursuant to section one
hundred forty-nine of this chapter may be paid out of the portion of
said moneys received by the commissioner for phytosanitary inspections.
All moneys shall be paid out of such fund on vouchers approved by the
commissioner, after audit by the comptroller. Nothing contained in this
subdivision shall apply to fees received for inspections performed under
subdivision twenty-five of this section.

25-b. Require and receive the payment of a fee of fifty dollars for
the issuance of certificates of compliance with the food related
provisions of this chapter and the regulations promulgated pursuant
thereto. Notwithstanding any other provision of law to the contrary,
the commissioner is hereby authorized and directed to deposit all money
received pursuant to this subdivision in an account within the
miscellaneous special revenue fund.

25-c. The commissioner may enter into a contract or cooperative
agreement under which laboratory services of the department may be made
available to federal, state, local, and educational entities when, in
the commissioner's judgment, such contract or cooperative agreement
shall be in the public interest and shall not adversely affect the
department's obligations under this chapter. Such contracts or
cooperative agreements shall require payment by contractors and
cooperators of, at a minimum, the full costs of the services provided.
All moneys received by the commissioner pursuant to such contracts and
agreements shall be deposited in an account within the miscellaneous
special revenue fund and shall be used to defray the expenses incidental
to carrying out the services authorized by this subdivision.

25-d. The commissioner may enter into a contract or cooperative
agreement under which services relating to food safety and inspection,
animal health, invasive species control, the collection of samples for
research studies and similar services relating to the duties and
responsibilities of the department may be made available to federal
entities, educational entities located outside of the state, and state
and local governmental entities located outside of the state, when, in
the commissioner's judgment, such contract or cooperative agreement
shall be in the public interest and shall not adversely affect the
department's obligations under this chapter. Such contracts or
cooperative agreements shall require payment by contractors and
cooperators of, at a minimum, the full costs of the services provided.
All moneys received by the commissioner pursuant to such contracts and
agreements shall be deposited in an account within the miscellaneous
special revenue fund and shall be used to defray the expenses incidental
to carrying out the services authorized by this subdivision.

26. Investigate and take action to prevent illegal acts or practices
in the sale or distribution of food or of fertilizers, feeding stuffs,
materials, apparatus and machinery or other instrumentalities used or
needed for the production, marketing and distribution of food.

27. Seize, destroy or denature so that it cannot thereafter be used
for food, any unwholesome food or food products sold or exposed for sale
on the markets of this state, or any food or food products consisting in
whole or in part of any filthy, decomposed or putrid animal or vegetable
substance, or any portion of an animal unfit for food, whether
manufactured or not, or if it is the product of a diseased animal or one
that has died otherwise than by slaughter. Provided, however, that the
commissioner of agriculture and markets after seizure and before such
destruction, shall give the owner, proprietor or custodian of such food
ten days notice in writing, to be served either personally or by mail,
of a hearing for the said owner, proprietor or custodian to show cause
why such food should not be destroyed in accordance with the provisions
of the statute.

28. Provide for holding a state fair to be known as the New York state
fair and, for the purpose of seeking advice and counsel in relation
thereto, consult with the state fair advisory board. The advisory board
shall consist of eleven members appointed by the governor, including one
member on the recommendation of the temporary president of the senate;
one member on the recommendation of the speaker of the assembly; one
member on the recommendation of the minority leader of the senate; and
one member on the recommendation of the minority leader of the assembly.
The governor shall select a member of the advisory board to serve as
chairperson. The members of the advisory board shall not receive
compensation for their services, but may be paid their actual and
necessary expenses incurred in serving upon the advisory board.

29. All the functions of the former department of farms and markets,
of the former council of farms and markets and of the former
commissioner of farms and markets and all their powers and duties, which
were transferred to the department of agriculture and markets by section
two hundred and seventy-two of the state departments law or shall have
been prescribed by law when this subdivision as hereby enacted takes
effect, whether in terms vested in such department, in such council or
in such commissioner or in a committee, member or officer thereof, and
all the functions of the former council of agriculture and markets and
the commissioner of agriculture and markets and all their powers and
duties which shall have been prescribed by law when this subdivision, as
hereby amended, takes effect, whether in terms vested in such council or
in such commissioner or in a committee, member or officer thereof, shall
continue to be vested in the department of agriculture and markets and
shall continue to be exercised and performed therein by or through the
commissioner of agriculture and markets or the appropriate division,
bureau, board or officer thereof as prescribed by or pursuant to law,
together with such functions, powers and duties as hereafter may be
conferred or imposed upon such department by law. All the provisions of
this chapter shall apply to the department of agriculture and markets
continued by this chapter as hereby amended and to the commissioner of
agriculture and markets and to the divisions, bureaus and officers of
such department, in so far as such provisions are not inconsistent with
this subdivision.

30. Investigate, inspect and supervise the sale and exposure for sale
of meat and meat preparations and enforce the provisions of sections two
hundred one-a, two hundred one-b and two hundred one-c of this chapter
relating thereto, designate an employee of the department as "director
of kosher law enforcement" and to make such rules and regulations
imposing such additional requirements and restrictions upon such sale
and exposure for sale as may be deemed necessary in connection with or
in aid of the proper administration and enforcement of such provisions
and of any other applicable laws.

30-a. Whenever under this chapter a person may elect to petition
therefor, the commissioner may in his discretion establish inspection of
petitioner's meat by-products or meat food products, and shall determine
the actual cost of inspection thereof and shall require and receive
quarterly the pre-payment of fees for such inspection services in
amounts not exceeding the actual cost. The commissioner shall establish
in the name of such petitioner an inspection fund to maintain such
inspection services and any unexpended funds which may remain over and
above the amount needed for such inspection or service shall be paid to
the petitioner at the close of each fiscal year.

31. Adopt, promulgate and make effective plans, rules and orders with
respect to the furnishing of care for children under fourteen years of
age, including children temporarily within the state, whose parent or
parents are seasonally or temporarily employed by canners, growers and
processors of foods and foodstuffs, and to expend or allocate moneys for
such purposes out of moneys appropriated to the department on such terms
and conditions as he may deem proper provided that he finds such action
is necessary in order to maintain an adequate supply of labor or to
avoid waste in the growing, harvesting and processing of food. The
commissioner is authorized to enter into contracts approved by the
attorney-general, the state comptroller and the director of the budget
with non-profit membership corporations providing such care. Such
contracts shall specify the terms and standards of operation and shall
limit the total financial responsibility of the state to a specified sum
which shall not exceed the amount appropriated for such purpose.

32. Receive and disburse federal moneys allotted to the state by or
pursuant to the federal agricultural marketing act of nineteen hundred
forty-six as amended, or any other act of the congress making
appropriation for the allocation among the states for research into
basic laws and principles relating to agriculture and to improve and
facilitate the marketing and distribution of agricultural products, and
for any other purpose relating to agriculture or marketing agricultural
products; on behalf of the state, to adopt, execute and administer plans
and to put into effect such measures as may be necessary for research
into basic laws and principles relating to agriculture and to improve
and facilitate the marketing and distribution of agricultural products;
on behalf of the state, to make and execute such contracts, agreements,
covenants or conditions, not inconsistent with law, as may be necessary
or required by any duly constituted agency of the federal government as
a condition precedent to receiving such funds or in connection with such
research; to cooperate with all federal, state or local authorities, or
other agencies, authorized under such acts of congress to carry out the
purposes thereof; to adopt and from time to time to amend such rules and
regulations and to prescribe such conditions, not inconsistent with law,
as may be necessary to make available to the people of the state the
benefits afforded by such acts of congress; and to enforce all the
provisions of this subdivision and the rules adopted pursuant hereto.
The department of taxation and finance is designated as custodian of all
federal-aid funds allotted to the state for the purposes of this
subdivision by the United States and such funds shall be payable only on
the audit and warrant of the comptroller on certificate of the
commissioner as provided in section one hundred ten of the state finance
law.

33. Require each applicant for a license, permit or registration or
renewal thereof authorized to be issued by the commissioner under the
provisions of this chapter to satisfy the commissioner that such
applicant is or will be in compliance with all ordinances or local laws
of the county, city, town and village in which such business or
occupation will be conducted bearing thereon. The commissioner's
approval of an application shall not, however, be construed in any way
as certifying that such ordinances or local laws have been complied
with.

34. Contract with Cornell university or the New York state veterinary
college at Cornell for the planning, design and construction of an
animal disease diagnostic laboratory at the state veterinary college at
Cornell university.

35. Investigate, inspect, and supervise all sanitary aspects relative
to the production, processing, sale and distribution of milk and milk
products.

36. Require that a written instrument submitted pursuant to this
chapter or a rule or regulation adopted pursuant thereto contain a form
notice to the effect that false statements made therein are punishable
pursuant to section 210.45 of the penal law or, where the commissioner
deems necessary, require that any such instrument be subscribed under
oath.

37. Provide for the operation of the state soil and water conservation
committee pursuant to the soil and water conservation districts law.

38. Establish and maintain a statewide registry of brands for
livestock owners to voluntarily register the brand they use to brand
their livestock.

39. (a) Establish a program in the state for the planning, design and
implementation of integrated pest management. Under such a program the
department may contract with Cornell university or the New York state
college of agriculture and life sciences at Cornell university, and
shall encourage such contractor to seek federal and private sources of
funds for such program. The department shall submit a quinquennial
report of such integrated pest management program to the governor, the
senate finance committee and the assembly ways and means committee on or
before January first, two thousand seven and on or before January first
of each fifth year thereafter. Such report shall include, but not be
limited to:

i. an identification of all revenue sources, including non-state
funds, and an identification of expenditures made within each
agricultural production area, as described in article eleven of this
chapter;

ii. an evaluation and description of the status of implementation with
each agricultural production area and the achievements of each objective
outlined in such article eleven made in the previous five years; and

iii. the overall status of the program and multi-year timetable for
the future implementation of the program.

(b) Between report due dates, the department shall maintain the
necessary records and data to satisfy such report requirements and to
satisfy information requests received from the governor, the senate
finance committee and the assembly ways and means committee, between
such report due dates.

40. Establish and administer, together with the state soil and water
conservation committee and the Cornell cooperative extension, a
voluntary program to encourage agricultural environmental planning and
implementation. The program shall promote farming practices which are
compatible with state water quality and other environmental objectives,
and may include training and certification of agricultural planners;
educational outreach to producers of farm products; technical and
financial assistance to farm operators; consultation and coordination
with federal, state and local agencies; and periodic evaluation and
assessment of program effectiveness.

41. (a) Establish and maintain New York state domestic animal health
assurance programs, voluntary, on-farm, integrated disease prevention
programs, directed at improving animal health and promoting a safe and
wholesome food supply. Such programs may include but are not limited to
the New York state cattle and horse health assurance programs. To carry
out such programs, the department may contract with public, private and
academic entities and shall encourage such entities to seek federal and
private sources of funds for such programs.

(b) Any proprietary farm protocol, animal or herd testing information
and/or producer herd data maintained in confidence and voluntarily
provided by an owner or operator of a farm operation as defined in
section three hundred one of this chapter to participate in a voluntary
cattle health program established pursuant to this subdivision shall be
exempt from public disclosure. The submission of any such information or
records by the owner or operator of a farm operation does not constitute
a waiver of any applicable privilege or protection under federal or
state law.

(c) The exemption described in paragraph (b) of this subdivision shall
not apply to: (1) information collected or created as part of a federal,
state, or local health agency investigation or official action taken in
connection with a public health risk; and (2) records that do not
identify and cannot be used to discern the identity of any participating
farm.

42. (a) For purposes of making timely determinations and consulting
with the chairman of the state liquor authority pursuant to subdivision
five of section seventy-six-a of the alcoholic beverage control law,
investigate and compile information relative to natural disasters, acts
of God, or continued adverse weather conditions which shall affect the
crop of grapes or other fruit products used in the production of wine.

(b) For purposes of making timely determinations and consulting with
the chairman of the state liquor authority pursuant to subdivision
eleven of section fifty-one-a of the alcoholic beverage control law,
investigate and compile information relative to natural disasters, acts
of God, or continued adverse weather conditions which shall affect the
necessary ingredients for brewing beer.

(c) For purposes of making timely determinations and consulting with
the chairman of the state liquor authority pursuant to subdivision
twelve of section fifty-one-a and subdivision eleven of section
fifty-eight-c of the alcoholic beverage control law, investigate and
compile information relative to natural disasters, acts of God, or
continued adverse weather conditions which shall affect the crop of
apples used in the production of cider.

43. Cooperate with the department of environmental conservation and
the environmental facilities corporation to establish methods to
facilitate loans to New York state's agricultural community, to develop
educational materials for farmers about the low-interest loans available
through the water pollution control linked deposit program, and to
develop an application form to be provided to lenders for linked deposit
loan requests. The department may promulgate rules and regulations
necessary and reasonable for the operation of the program.

44. Encourage and support the practice of forestry and manufacture of
wood products in the state, in coordination with the departments of
environmental conservation and economic development; and provide for the
operation of the wood products development council as established in
section two hundred twenty-five of this chapter.

45. When considering plans, policies, regulations and programs
pursuant to article fourteen of this chapter, the commissioner shall
take into consideration the impact on the horticulture and other plant
based industries in the state of New York, including but not limited to
greenhouse, nursery, and fruit and vegetable production.

46. Within the amount of monies appropriated or otherwise made
available therefor, establish, administer and operate, or provide for
the administration and operation of, a program, which may include
establishment of a revolving loan fund, to assist in the development,
implementation and operation of agricultural programs.

47. Evaluate, in conjunction with the state office for the aging,
programs and services offered by the department to ensure that they
support the needs of farmers, and other individuals engaged in
agriculture, and the production, processing, marketing and distributing
of food, who are also seniors, which shall mean an individual sixty
years of age or older.

48. Make available in written and electronic medium, in a manner
readily accessible to police agencies and officers and district
attorneys, information about animal cruelty and protection laws in this
chapter, including, but not limited to, article twenty-six of this
chapter. The development of such information shall be coordinated with
the division of criminal justice services, including the municipal
police training council, in a manner designed to enhance training of
municipal police officers and to assist such officers and district
attorneys in enforcing and applying such laws.

49. Make available, in consultation with the department of
environmental conservation and institutions of higher education with
expertise in pollinator protection, information concerning minimum
guidelines for vegetation management plans used by any person who
intends to develop their property or commercial enterprise, such as
solar electric generating systems, in a manner that is pollinator
friendly or provides benefits and protection to pollinators. Such
information may include guidelines for short-term and long-term property
management practices that provide and maintain native perennial
vegetation to protect the health and well-being of pollinators
including, but not limited to the percentage of the property that may be
covered with native perennial vegetation; the type, amount, and
diversity of native perennial vegetation that may be maintained on the
property; the number of seasons and the minimum number of species of
native perennial vegetation that may be in bloom; maintenance practices
to be used; the use of pesticides; the width and composition of buffers
adjacent to the property; and any other guidelines established by the
department.

50. Develop, in consultation with the commissioner of the department
of health and the New York state land grant university, best-practice
recommendations for treatment, prevention and management of livestock
and farm property to protect against Asian longhorned ticks. Such
recommendations shall be based upon scientific data and shall include,
but not be limited to, the use of landscape techniques demonstrated to
be safe for livestock, people, pets and the environment, methods to
discourage rodent activity, and, the effective use of pesticides, as
defined in subdivision thirty-five of section 33-0101 of the
environmental conservation law, including usage information and any
label warnings or caution statements. The commissioner, in consultation
with the department of environmental conservation and the New York state
land grant university, shall develop and distribute to farmers
information on Asian longhorned tick treatment, management, and
prevention. Such information and recommendations shall also be made
available on the department's website.

51. And shall take any measures necessary to prohibit any person from
attaching or affixing to state owned property on the grounds of the
state fair any symbols of hate, as defined in section one hundred
forty-six of the public buildings law, or any similar image, or tangible
personal property, inscribed with such an image, unless the image
appears in a book, digital medium, or otherwise serves an educational or
historical purpose.

52. Develop and maintain a publicly available searchable directory of
New York state farms and farm products on the department's website. The
website directory shall include all farms located within the state and
shall, when known, list the products available for purchase and contact
information for each farm, unless a farm opts out of being included in
the directory by notifying the department of such option. The department
shall update the website directory at least every two years.