S T A T E O F N E W Y O R K
________________________________________________________________________
5309--B
2017-2018 Regular Sessions
I N S E N A T E
March 20, 2017
___________
Introduced by Sen. RITCHIE -- (at request of the Department of Agricul-
ture and Markets) -- read twice and ordered printed, and when printed
to be committed to the Committee on Agriculture -- reported favorably
from said committee, ordered to first and second report, ordered to a
third reading, amended and ordered reprinted, retaining its place in
the order of third reading -- recommitted to the Committee on Agricul-
ture in accordance with Senate Rule 6, sec. 8 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the agriculture and markets law, in relation to the
inspection and sale of seeds, agricultural liming materials and
commercial fertilizer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 7 of section 136 of the agriculture and
markets law, subdivision 2 as added by chapter 631 of the laws of 1955
and subdivision 7 as amended by chapter 592 of the laws of 2003, are
amended to read as follows:
2. The term "seed" means botanical structures used for planting
purposes and commonly referred to as "seed" within this state. This
includes POTATO tubers [of the Irish potato] when such tubers are
represented as being suitable for planting purposes.
7. The term "noxious weed seeds" [includes seeds of bindweed (Convol-
vulus arvensis), quackgrass (Elytrigia repens), Canada thistle (Cirsium
arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horse nettle
(Solanum carolinense), wild onion (Allium canadense and A. vineale),
corn cockle (Agrostemma githago), and Russian knapweed (Acroptilon
repens)] ARE THOSE NOXIOUS WEED SEEDS WHICH ARE OBJECTIONABLE IN AGRI-
CULTURE CROPS, LAWNS, AND GARDENS OF THIS STATE AND WHICH CAN BE
CONTROLLED BY GOOD AGRICULTURAL PRACTICES OR THE USE OF HERBICIDES.
NOXIOUS WEEDS AND THE NUMBER OF SUCH NOXIOUS WEED SEEDS ALLOWABLE PER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09975-06-8
S. 5309--B 2
POUND OF SEED SHALL BE ESTABLISHED IN REGULATION BY THE COMMISSIONER IN
CONSULTATION WITH EXPERTS IN SEED CERTIFICATION INCLUDING, BUT NOT
LIMITED TO, PROGRAMS AT THE COLLEGE OF AGRICULTURE AND LIFE SCIENCES AT
CORNELL UNIVERSITY.
§ 2. Section 136 of the agriculture and markets law is amended by
adding two new subdivisions 22 and 23 to read as follows:
22. "MULCH" MEANS A PROTECTIVE COVERING OF ANY SUITABLE SUBSTANCE
PLACED WITH SEED WHICH ACTS TO RETAIN SUFFICIENT MOISTURE TO SUPPORT
SEED GERMINATION AND SUSTAIN EARLY SEEDLING GROWTH AND AID IN THE
PREVENTION OF THE EVAPORATION OF SOIL MOISTURE, THE CONTROL OF WEEDS,
AND THE PREVENTION OF EROSION.
23. "MIXTURE," "MIX," OR "MIXED" MEANS SEED CONSISTING OF MORE THAN
ONE KIND, EACH IN EXCESS OF FIVE PERCENT BY WEIGHT OF THE WHOLE.
§ 3. Paragraph 2 of subdivision C of section 137 of the agriculture
and markets law, as amended by chapter 160 of the laws of 1983, is
amended to read as follows:
2. Where more than one agricultural seed component is named, the word
mixture, MIX, or [the word] mixed shall be shown conspicuously on the
label.
§ 4. Paragraph 1 of subdivision D of section 137 of the agriculture
and markets law, as added by chapter 631 of the laws of 1955 and clause
3 of subparagraph (b) as amended by chapter 592 of the laws of 2003, is
amended to read as follows:
1. For VEGETABLE SEEDS IN PACKETS FOR USE IN HOME GARDENS OR HOUSEHOLD
PLANTINGS OR VEGETABLE SEEDS IN PRE-PLANTED CONTAINERS, MATS, TAPES, OR
OTHER PLANTING DEVICES AND FOR peas, beans, and sweet corn in containers
of one pound or less, and other kinds of vegetable seeds in containers
of one-quarter pound or less
(a) Name of kind and variety of seed;
(b) LOT IDENTIFICATION, SUCH AS BY LOT NUMBER OR OTHER MEANS;
(C) THE CALENDAR MONTH AND YEAR THE GERMINATION TEST WAS COMPLETED AND
THE STATEMENT "SELL BY _______", WHICH MAY BE NO MORE THAN 12 MONTHS
FROM THE DATE OF TEST, EXCLUSIVE OF THE MONTH OF TEST; OR
THE YEAR FOR WHICH THE SEED WAS PACKAGED FOR SALE AS "PACKED FOR
_____" AND THE STATEMENT "SELL BY _____", WHICH SHALL BE FOR A CALENDAR
YEAR; OR
THE PERCENTAGE GERMINATION AND THE CALENDAR MONTH AND YEAR THE TEST
WAS COMPLETED TO DETERMINE SUCH PERCENTAGE PROVIDED THAT THE GERMINATION
TEST MUST HAVE BEEN COMPLETED WITHIN 12 MONTHS, EXCLUSIVE OF THE MONTH
OF TEST;
(D) For seeds which germinate less than the standard last established
by the commissioner under this article;
(1) Percentage of germination, exclusive of hard seed;
(2) Percentage of hard seed, if present;
(3) The calendar month and year the test was completed and the state-
ment "Sell by ______," which may be [nor] NOT more than twelve months
from the date of test, exclusive of the month of test, or the percentage
germination and the calendar month and year the test was completed to
determine such percentage, provided that the germination test must have
been completed within twelve months, exclusive of the month of test[.];
AND
(4) The words "below standard" in not less than eight-point type.
§ 5. Subparagraph (c) of paragraph 1 of subdivision E of section 137
of the agriculture and markets law is relettered subparagraph (d) and a
new subparagraph (c) is added to read as follows:
S. 5309--B 3
(C) THE CALENDAR MONTH AND YEAR THE GERMINATION TEST WAS COMPLETED AND
THE STATEMENT "SELL BY ______", WHICH MAY BE NO MORE THAN 12 MONTHS FROM
THE DATE OF TEST, EXCLUSIVE OF THE MONTH OF TEST; OR
THE YEAR FOR WHICH THE SEED WAS PACKAGED FOR SALE AS "PACKED FOR
______" AND THE STATEMENT "SELL BY _____", WHICH SHALL BE FOR A CALENDAR
YEAR; OR
THE PERCENTAGE GERMINATION AND THE CALENDAR MONTH AND YEAR THE TEST
WAS COMPLETED TO DETERMINE SUCH PERCENTAGE, PROVIDED THAT THE GERMINA-
TION TEST MUST HAVE BEEN COMPLETED WITHIN 12 MONTHS EXCLUSIVE OF THE
MONTH OF TEST.
§ 6. Section 137 of the agriculture and markets law is amended by
adding a new subdivision I to read as follows:
I. FOR COMBINATION SEED AND FERTILIZER PRODUCTS. 1. THE WORD "COMBINA-
TION" FOLLOWED BY THE WORDS "SEED-FERTILIZER" MUST APPEAR ON THE UPPER
THIRTY PERCENT OF THE PRINCIPAL DISPLAY PANEL. THE WORD "COMBINATION"
MUST BE THE LARGEST AND MOST CONSPICUOUS TYPE ON THE CONTAINER, EQUAL TO
OR LARGER THAN THE PRODUCT NAME. THE WORDS "SEED-FERTILIZER" SHALL BE NO
SMALLER THAT ONE-HALF THE SIZE OF THE WORD "COMBINATION" AND IN CLOSE
PROXIMITY TO THE WORD "COMBINATION".
2. ON THE ANALYSIS LABEL, THE PERCENTAGE BY WEIGHT OF THE FERTILIZER
IN THE CONTAINER SHALL BE LISTED ON A SEPARATE LINE AS A COMPONENT OF
THE INERT MATTER.
§ 7. Subdivision B of section 138 of the agriculture and markets law
is amended by adding a new paragraph 10 to read as follows:
(10) TO SELL, OFFER, OR EXPOSE FOR SALE AGRICULTURAL SEED MORE THAN
NINE MONTHS FROM THE DATE OF THE GERMINATION TEST, EXCLUSIVE OF THE
MONTH OF THE TEST.
§ 8. The second undesignated paragraph of section 142 of the agricul-
ture and markets law, as added by chapter 631 of the laws of 1955, is
amended to read as follows:
The commissioner may, through promulgation of regulations, add to, or
subtract [from, the list of] noxious weed seeds [set forth in] FROM
definition seven, section one hundred thirty-six of this article, when-
ever he finds, after public hearing, that such addition or subtraction
is in the best interests of the agriculture of this state.
§ 9. The agriculture and markets law is amended by adding a new
section 142-a to read as follows:
§ 142-A. STOP SALE ORDERS. THE COMMISSIONER MAY ISSUE AND ENFORCE A
WRITTEN OR PRINTED "STOP SALE, USE OR REMOVAL" ORDER TO THE OWNER OR
CUSTODIAN OF ANY LOT OF SEED WHEN THE COMMISSIONER FINDS THAT SEED IS
BEING OFFERED OR EXPOSED FOR SALE IN VIOLATION OF ANY OF THE PROVISIONS
OF THIS ARTICLE, AND REQUIRE THE OWNER OR CUSTODIAN TO HOLD THE SEEDS AT
A DESIGNATED PLACE UNTIL EITHER: (1) THE LAW HAS BEEN COMPLIED WITH AND
SAID SEED IS RELEASED BY THE COMMISSIONER IN WRITING; OR (2) SAID
VIOLATION HAS BEEN OTHERWISE LEGALLY DISPOSED OF BY WRITTEN AUTHORITY.
THE COMMISSIONER SHALL RELEASE THE SEED SO WITHDRAWN WHEN THE REQUIRE-
MENTS OF THE PROVISIONS OF THIS ARTICLE HAVE BEEN COMPLIED WITH.
§ 10. Subdivisions 1 and 3 of section 142-gg of the agriculture and
markets law, as amended by chapter 251 of the laws of 1999, are amended
to read as follows:
1. It shall be the duty of the commissioner or his or her duly author-
ized agent to sample AND ANALYZE each different brand of agricultural
liming material distributed within the state, to such an extent as he or
she may deem necessary to determine compliance with the provisions of
this article.
S. 5309--B 4
[A sample to be designated official shall be one taken in the presence
of the supplier or a person responsible to the supplier. Such sample
shall, in the presence of the witness, be divided into two represen-
tative samples, each sealed, and one of such sealed samples shall be
tendered, and if accepted, delivered to the witness; the other sealed
sample the commissioner shall analyze or cause to be analyzed.]
THE METHODS OF SAMPLING AND ANALYSIS SHALL BE THOSE THE COMMISSIONER
MAY REQUIRE BY REGULATION AND BE BASED ON METHODS ADOPTED BY AN AGRICUL-
TURAL AND FOOD ANALYTICAL STANDARDS ASSOCIATION.
3. The commissioner shall [publish or cause to be published at least
annually] MAINTAIN AN ANNUAL RECORD OF, AND MAKE AVAILABLE UPON REQUEST,
the results of all analyses [indicating] WITH RESPECT TO the information
required to be shown on labels and statements pursuant to section one
hundred forty-two-cc of this article and such other information as the
commissioner shall deem advisable.
§ 11. Subdivision b of section 143 of the agriculture and markets law,
as added by chapter 695 of the laws of 1974, is amended to read as
follows:
b. The term "specialty fertilizer" shall mean a commercial fertilizer
distributed primarily for non-farm use, [such as home gardens, lawns,
shrubbery, flowers, golf courses, municipal parks, cemeteries, green-
houses and nurseries, and such other use] as the commissioner may define
by regulation.
§ 12. Section 143 of the agriculture and markets law is amended by
adding a new subdivision t to read as follows:
T. THE TERM "AGRICULTURAL AND FOOD ANALYTICAL STANDARDS ASSOCIATION"
SHALL MEAN AN INDEPENDENT, THIRD-PARTY, NOT-FOR-PROFIT ASSOCIATION THAT
DEVELOPS VOLUNTARY, GLOBALLY ACCEPTED, CONSENSUS ANALYTICAL STANDARDS
AND METHODS FOR ENSURING QUALITY MEASUREMENTS TO ADDRESS THE PURITY AND
SAFETY OF AGRICULTURAL MATERIALS AND FOOD AND PROMOTES GLOBAL TRADE AND
PUBLIC HEALTH AND SHALL BE FURTHER DEFINED IN REGULATIONS BY THE COMMIS-
SIONER.
§ 13. Subdivision (c) of section 146 of the agriculture and markets
law, as amended by chapter 251 of the laws of 1999, is amended to read
as follows:
(c) The licensee shall inform the [director] COMMISSIONER in writing
of additional distribution points established during the period of the
license.
§ 14. Section 146-a of the agriculture and markets law, as added by
chapter 695 of the laws of 1974, is amended to read as follows:
§ 146-a. Inspection, sampling, analysis. a. It shall be the duty of
the commissioner, who may act through his authorized agent, to sample,
inspect, and analyze commercial fertilizers distributed within this
state at such time and place and to the extent he may deem necessary to
determine whether such commercial fertilizers are in compliance with the
provisions of this [act] ARTICLE. [A sample to be designated an official
sample shall be divided into two representative samples, each sealed,
and one of such sealed samples shall be tendered, and if accepted,
delivered to the custodian of the product; the other sample the commis-
sioner shall analyze or cause to be analyzed.] The methods of sampling
and analysis shall be those the commissioner may require by regulation
and [which may] be based on methods [recommended in publications such as
that of the association of official analytical chemists] ADOPTED BY AN
AGRICULTURAL AND FOOD ANALYTICAL STANDARDS ASSOCIATION, AS FURTHER
DEFINED IN REGULATIONS BY THE COMMISSIONER.
S. 5309--B 5
b. The results of the analysis of such sample shall be reported to the
licensee within ninety days of the date of sampling and the commissioner
shall publish or cause to be published at least annually a summary of
all analyses made, together with such additional information as circum-
stances advise.
§ 15. Subdivision (b) of section 146-b of the agriculture and markets
law, as added by chapter 695 of the laws of 1974, is amended to read as
follows:
(b) A commercial fertilizer shall be deemed to be adulterated:
(1) if it contains any deleterious or harmful ingredient in sufficient
amount to render it injurious to beneficial plant life, ANIMALS, HUMANS,
AQUATIC LIFE, SOIL, OR WATER when applied in accordance with directions
for use on the label, or if adequate warning statements or directions
for use, which may be necessary to protect plant life, ANIMALS, HUMANS,
AQUATIC LIFE, SOIL, OR WATER are not shown upon the label;
(2) if its composition falls below or differs from that which it is
purported to possess by its labelling; [or]
(3) if it contains unwanted crop seed or weed seed; OR
(4) IF IT CONTAINS METALS IN AMOUNTS GREATER THAN THOSE LEVELS THE
COMMISSIONER MAY ESTABLISH BY REGULATION, BASED UPON THE CONSENSUS
RESEARCH-BASED RECOMMENDATIONS OF AN ORGANIZATION OF STATE, TERRITORIAL
AND INTERNATIONAL FERTILIZER CONTROL OFFICIALS WHO ADMINISTER FERTILIZER
LAWS AND REGULATIONS.
§ 16. This act shall take effect on the one hundred twentieth day
after it shall have become a law, provided that any rule or regulation
necessary for the timely implementation of this act on its effective
date may be promulgated on or before such date, provided however that
retailers shall have ninety days from the effective date of this act to
sell through product subject to paragraph 1 of subdivision D of section
137, subparagraph (c) of paragraph 1 of subdivision E of section 137 and
paragraph 10 of subdivision B of section 138 of the agriculture and
markets law as amended by sections four, five and seven of this act
which is held in inventory on the effective date of this act.