S T A T E O F N E W Y O R K
________________________________________________________________________
6608
I N S E N A T E
February 1, 2016
___________
Introduced by Sens. RITCHIE, YOUNG, AKSHAR, O'MARA, PANEPINTO, VALESKY
-- (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 OR
PROCESSED FRUITS, VEGETABLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT
PRODUCTS, POULTRY AND POULTRY PRODUCTS, FISH AND FISH PRODUCTS, APPLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05591-01-5
S. 6608 2
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.