Makes provisions relating to retail farm operations; defines retail farm operations as a seasonal or annual enterprise operated for the purpose of selling predominantly farm and food products which are in support of agricultural production; includes retail farm operations under the definition of farm operations and the provisions of sound agricultural practices necessary for on-farm production, preparation and marketing.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Espaillat
Excused (2): Perkins, Ranzenhofer
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Espaillat, Golden, Hassell-Thomps, Smith
BILL NUMBER:S4332 REVISED 4/15/13
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to retail farm operations
PURPOSE: To enhance farmers, ability to market their farm, food and other products directly to consumers through encouragement of the development of retail farm operations such as roadside stands and on-farm markets.
SUMMARY OF PROVISIONS:
Sections 301 and 308 of the Agriculture and Markets Law is amended to allow for recognition of retail farm operations as a farm operation.
JUSTIFICATION: As the prices New York farmers receive for the products they produce continues to decline, our farms are increasingly surviving by incorporating direct-to-market strategies into their business plans. New York's agriculture industry is evolving from being simply commodity and production driven to being increasingly market driven. Selling directly to consumers via a retail farm operation allows farmers to take advantage of current market demand for fresh, local farm products and gives consumers access to quality, nutritious foods. This type of "interactive retail" caters to increasing public interest in the farm-to-food relationship and attracts new, potential consumers that would not otherwise visit a farm. This bill seeks to ensure that farmers who operate road-side stands and farm markets will have protection for their retail farm operations under the state's right-to-farm laws.
LEGISLATIVE HISTORY: 2012: S.793 PASSED SENATE; A.6262 Referred to Agriculture 2011: S.793 PASSED SENATE; A.6282 Referred to Agriculture 2009-2010: S.2435 REFERRED TO AGRICULTURE 2007-2008: S.4743 REFERRED TO AGRICULTURE 2005-2006: S.6605 PASSED SENATE 2003-2004: S.5297-8 PASSED SENATE; A.8546-B reported referred to Ways an Means committee
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: Effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 4332 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________Introduced by Sen. YOUNG -- (at request of the Legislative Commission on Rural Resources) -- 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 retail farm operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 11 of section 301 of the agriculture and markets law, as amended by chapter 384 of the laws of 2011, is amended and a new subdivision 18 is added to read as follows: 11. "Farm operation" means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contrib- ute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section, "compost, mulch or other biomass crops" as defined in subdivi- sion sixteen of this section
[and], "commercial equine operation" as defined in subdivision seventeen of this section AND A "RETAIL FARM OPERATION" AS DEFINED IN SUBDIVISION EIGHTEEN OF THIS SECTION. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. 18. "RETAIL FARM OPERATION" MEANS A SEASONAL OR ANNUAL ENTERPRISE WITH EITHER PERMANENT OR NONPERMANENT STRUCTURES THAT ARE OPERATED FOR THE PURPOSES OF SELLING PREDOMINANTLY FARM AND FOOD PRODUCTS IN CONJUNCTION WITH OR IN SUPPORT OF LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION. SUCH PORTION OF THE FARM AND FOOD PRODUCTS SHALL EXCEED FIFTY PERCENT OF THE GROSS ANNUAL INCOME OF SUCH RETAIL FARM OPERATION. FOR PURPOSES OF THIS SUBDIVISION, FARM AND FOOD PRODUCTS SHALL MEAN ANY AGRICULTURAL, HORTICULTURAL, FOREST OR OTHER PRODUCT OF THE SOIL OR WATER, INCLUDING BUT NOT LIMITED TO FRESH OREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02521-01-3 S. 4332 2
PROCESSED FRUITS, VEGETABLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY PRODUCTS, FISH AND FISH PRODUCTS, APPLE CIDER, FRUIT JUICE, WINE, ORNAMENTAL PLANTS, NURSERY PRODUCTS, FLOWERS AND CHRISTMAS TREES. S 2. Paragraph b of subdivision 1 of section 308 of the agriculture and markets law, as amended by chapter 497 of the laws of 2011, is amended to read as follows: b. Sound agricultural practices refer to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of activities which entail practices the commis- sioner may consider include, but are not limited to, operation of farm equipment; proper use of agricultural chemicals and other crop protection methods;
[direct sale to consumers of agricultural commod- ities or foods containing agricultural commodities produced on-farm]OPERATION AND MAINTENANCE OF A "RETAIL FARM OPERATION", AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION THREE HUNDRED ONE OF THIS ARTICLE; agri- cultural tourism; "timber operation," as defined in subdivision fourteen of section three hundred one of this article and construction and use of farm structures. The commissioner shall consult appropriate state agen- cies and any guidelines recommended by the advisory council on agricul- ture. The commissioner may consult as appropriate, the New York state college of agriculture and life sciences and the U.S.D.A. natural resources conservation service, and provide such information, after the issuance of a formal opinion, to the municipality in which the agricul- tural practice being evaluated is located. The commissioner shall also consider whether the agricultural practices are conducted by a farm owner or operator as part of his or her participation in the AEM program as set forth in article eleven-A of this chapter. Such practices shall be evaluated on a case-by-case basis. S 3. This act shall take effect immediately.