Requires identification of practices most susceptible to threats from dumping out of state products.
Ayes (8): Aubertine, Stachowski, Montgomery, Breslin, Valesky, Young, Seward, Winner
Ayes W/R (1): Ranzenhofer
Ayes (59): Adams, Addabbo, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (3): Alesi, Johnson O, Morahan
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the dumping of certain agricultural products
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require identification of practices most susceptible to threats from dumping out-of-state products.
JUSTIFICATION: In 2007, the Assembly and Senate passed legislation (chapter 668 of the Laws of 2007) that applies to any "person, firm, partnership, corporation or association that sells, offers for sale or distributes any food product" for the purposes of regulating out-of-state dumping of produce cull piles.
It has generally been acknowledged by producers and regulators alike that the scope of the existing law is too broad, encompassing many businesses (supermarkets, for example) that have well-established and well-regulated cull disposal systems. By granting the Department of Agriculture and Markets the ability to identify the types of operations where prevention is reasonably necessary, New York growers can be assured a more streamlined and valuable means to prevent the introduction of plant viruses and other diseases that can compromise their yields.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7656 IN SENATE April 29, 2010 ___________Introduced by Sen. AUBERTINE -- 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 the dumping of certain agricultural products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 160-v of the agriculture and markets law, as added by chapter 668 of the laws of 2007, is amended to read as follows: 1. No person, firm, partnership, corporation or association that sells, offers for sale or distributes any food product shall dump, or otherwise discard in a manner reasonably and causally connected to the contamination of food, any cull or waste pile consisting of any agricul- tural product not produced in this state, including, but not limited to, vegetables, fruits and other like produce falling below the official standard or grade of quality for such product. After consultation with the New York state college of agriculture and life sciences at Cornell university, the commissioner shall IDENTIFY ESTABLISHMENTS AND PRACTICES MOST SUSCEPTIBLE TO THREATS FROM OUT OF STATE PRODUCTS, AND promulgate rules and regulations for the proper disposal of any such cull or waste pile IN SUCH CASES, provided that such regulations include options for landfill disposal, composting and deep burial. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17025-01-0