NY State Senate Bill 2021-S2706

Senate Bill S2706

2021-2022 Legislative Session

Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Jan 22, 2021	referred to agriculture

co-Sponsors

2021-S2706 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§305-a & 301, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7438
2019-2020: S1434
2023-2024: S4385

2021-S2706 (ACTIVE) - Summary

Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism.

2021-S2706 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2706

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to certain
farm wineries, farm breweries, farm distilleries, and farm cideries
whose business includes agricultural tourism

 
PURPOSE:

This legislation provides guidance to the Commissioner of Agriculture
and Markets regarding the restriction of farm operations that include
wineries, breweries and cideries, in designated agricultural districts

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 305-a of the agri-
culture and markets law to create a new paragraph d. It provides guid-
ance to the Commissioner when issuing opinions regarding land use deci-
sions in agricultural districts. In cases involving farm wineries,

breweries, distilleries or cideries whose business includes agricultural
tourism, the commissioner may make a determination at the request of the
farm, as to whether a local land use law or regulation unreasonably
restricts the practices of the farm. For purposes of such a determi-
nation, the definition of "farm operation" is expanded to include farm
sales, on-farm wedding receptions, parties, and other special events
(such as harvest festivals, charitable events or tastings). At such
events, the farm operation must offer its farm wines, beers, ciders or
distilled spirits products for sale.

Section 2 of the bill amends subdivision 15 of section 301 of the agri-
culture and markets law, which contains a definition of agricultural
tourism. It defines agricultural tourism to include activities related
to the purchasing, selling, marketing, and producing wine, beer, cider,
distilled spirits and other farm products by farm wineries, breweries,
distilleries and cideries.

Section 3 of the bill provides the effective date.

 
EXISTING LAW:

Under existing law, municipalities and farms may request an opinion from
the Commissioner of Agriculture and Markets concerning whether a local
land use law or regulation unreasonably restricts a farm's operations in
an agricultural district. In addition, "farm operations" is currently
defined to mean activities including the production of maple sap and
pure maple products, conducted by a farmer for the on-farm enjoyment and
education of the public, which primarily promotes the sale, marketing,
production, harvesting or use of the products on the farm.

 
JUSTIFICATION:

Agricultural tourism has become a vital component of small farmers'
businesses, particularly as the craft beverage industry has expanded.
Laws protecting these farm operations in agricultural districts need to
be updated and expanded as well, to reflect these business changes. This
bill provides the Department of Agriculture and Markets with guidance to

examine local land use laws that may affect farm operations which
include breweries, wineries, and cideries as part of their business.

 
LEGISLATIVE HISTORY:

2019-2020: 1434

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The bill would take effect 90 days after it becomes a law.

2021-S2706 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2706
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced by Sens. RITCHIE, GALLIVAN -- 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 certain
   farm wineries, farm breweries, farm distilleries,  and  farm  cideries
   whose business includes agricultural tourism

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  305-a  of  the  agriculture  and
 markets law is amended by adding a new paragraph d to read as follows:
   D.  FOR  FARM  WINERIES,  FARM  BREWERIES, FARM DISTILLERIES, AND FARM
 CIDERIES IN AN APPROVED AGRICULTURAL DISTRICT  WHOSE  BUSINESS  INCLUDES
 AGRICULTURAL  TOURISM AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION THREE
 HUNDRED ONE OF THIS ARTICLE AND WHO WERE DEVELOPED AND INDUCED WITH  THE
 ASSISTANCE  OF THE EMPIRE STATE DEVELOPMENT CORPORATION, THE COMMISSION-
 ER, IN CONSULTATION WITH THE NEW YORK STATE LIQUOR AUTHORITY AND  EMPIRE
 STATE  DEVELOPMENT  CORPORATION, MAY MAKE A DETERMINATION AT THE REQUEST
 OF A FARM WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM  CIDERY  AS  TO
 WHETHER  MARKETING ACTIVITIES AND OTHER RELATED PRACTICES ARE "UNREASON-
 ABLY RESTRICTED" BY PROPOSED CHANGES  IN  LOCAL  LAND  USE  REGULATIONS,
 ORDINANCES,  OR  LOCAL LAWS OR REVIEWING A PERMIT PERTAINING TO AGRICUL-
 TURAL PRACTICES. FOR  PURPOSES  OF  THIS  SECTION  "FARM  OPERATION"  AS
 DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THIS ARTI-
 CLE, SHALL ALSO INCLUDE FOOD SALES, ON-FARM WEDDING RECEPTIONS, PARTIES,
 AND  SPECIAL  EVENTS  (INCLUDING, BUT NOT LIMITED TO, HARVEST FESTIVALS,
 CHARITABLE EVENTS, AND WINE, BEER, CIDER AND DISTILLED SPIRITS TASTINGS)
 AT WHICH SUCH FARM WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM CIDERY
 SELLS, MARKETS, OR OFFERS FOR SALE ITS CROP INCLUDING, BUT  NOT  LIMITED
 TO  WINES,  BEERS,  CIDER,  OR DISTILLED SPIRITS. "FARM OPERATION" SHALL
 ALSO INCLUDE THE PURCHASING OF CROPS BETWEEN FARMS LOCATED IN NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06175-01-1

 S. 2706                             2
 
   § 2. Subdivision 15 of section 301 of the agriculture and markets law,
 as amended by chapter 87 of the laws of 2010,  is  amended  to  read  as
 follows:
   15.  "Agricultural tourism" means activities, including the production
 of maple sap and pure maple  products  made  therefrom,  AND  ACTIVITIES
 RELATED  TO  THE PURCHASING, SELLING, MARKETING, AND PRODUCTION OF WINE,
 BEER, CIDER, DISTILLED SPIRITS, AND OTHER NEW YORK STATE FARM  PRODUCTS,
 BY  FARM WINERIES, FARM BREWERIES, FARM DISTILLERIES, AND FARM CIDERIES,
 conducted by a farmer on-farm for the enjoyment and/or education of  the
 public,   which  primarily  promote  the  sale,  marketing,  production,
 harvesting or use of the products of the farm and enhance  the  public's
 understanding and awareness of farming and farm life.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S2706

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Sponsored By

Patty Ritchie