§ 309. Advisory council on agriculture. 1. There shall be established
within the department the advisory council on agriculture, to advise and
make recommendations to the state agencies on state government plans,
policies and programs affecting agriculture, as outlined below, and in
such areas as its experience and studies may indicate to be appropriate.
The department of agriculture and markets shall provide necessary
secretariat and support services to the council.

2. The advisory council on agriculture shall consist of eleven members
appointed by the governor with the advice and consent of the senate,
selected for their experience and expertise related to areas of council
responsibility. At least five members of the council shall be operators
of a commercial farm enterprise and at least two members shall be
representatives of local governments. The balance of the council shall
be comprised of representatives of business or institutions related to
agriculture. Members shall be appointed for a term of three years and
may serve until their successors are chosen provided, however, that of
the members first appointed, three shall serve for a term of one year,
three shall serve for a term of two years, and three shall serve for a
term of three years. Members shall serve without salary but shall be
entitled to reimbursement of their ordinary and necessary travel
expenses. The members of the council shall elect a chairman.

3. The duties and responsibilities of the advisory council on
agriculture as they pertain to agricultural districts shall include, but
not be limited to, providing timely advice, comments and recommendations
to the commissioner in regard to:

a. the establishment of agricultural districts;

b. the eight year review of agricultural districts; and

c. the establishment of and any revision to the land classification
system used in connection with the determination of agricultural
assessment values.

The commissioner may delegate to the council such additional duties
and responsibilities as he deems necessary.

4. The duties and responsibilities of the advisory council on
agriculture shall include, but not be limited to, providing timely
advice, comments and recommendations to the commissioner of taxation and
finance in regard to the establishment of agricultural assessment
values.

5. The advisory council on agriculture shall advise the commissioner
and other state agency heads on state government plans, policies and
programs affecting farming and the agricultural industry of this state.
Concerned state agencies shall be encouraged to establish a working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.

6. The advisory council on agriculture may ask other individuals to
attend its meetings or work with it on an occasional or regular basis
provided, however, that it shall invite participation by the chairman of
the state soil and water conservation committee and the dean of the New
York state college of agriculture and life sciences at Cornell
university. The advisory council on agriculture shall set the time and
place of its meetings, and shall hold at least one meeting per year.

7. The advisory council on agriculture shall file a written report to
the governor and the legislature by April first each year concerning its
activities during the previous year and its program expectations for the
succeeding year.

8. The advisory council on agriculture shall advise the commissioner
in regards to whether particular land uses are agricultural in nature.

9. a. The advisory council on agriculture shall advise the
commissioner in establishing procedures for making annual awards
recognizing New York farms, agricultural, food, and animal or plant
fiber textile businesses, and institutions that are successful in
producing, processing, marketing, and/or promoting New York farm, food,
and animal or plant fiber textile products. The commissioner shall
coordinate with the commissioner of economic development to determine
which department shall make awards in categories that may be similar to
those listed in subdivision eighteen-c of section one hundred of the
economic development law. These awards shall be given in recognition of
exceptional performance and support for New York agriculture by persons,
firms and organizations that are principally located within the state of
New York and engaged in the operation of New York state farms,
businesses and institutions.

b. The council may annually nominate and forward such nominations for
awards to the commissioner for the commissioner's consideration in the
following categories:

(i) innovative and unique farm products developed for food, beverages,
animal or plant fiber textiles, or horticulture;

(ii) agri-tourism;

(iii) foods or beverages processed or manufactured from New York farm
products;

(iv) retail food stores;

(v) restaurants and other food service businesses;

(vi) education, health care and residential institutions including,
but not limited to, food service in schools, colleges, hospitals,
nursing homes, day care and senior centers; and

(vii) animal or plant fiber textiles processed or manufactured from
animal and plant fibers grown or produced predominantly in New York
state.

c. The council may also recommend to the commissioner nominations for
awards given pursuant to subdivision eighteen-c of section one hundred
of the economic development law.

d. The commissioner may designate award winners from these nominees at
his or her discretion. Current members of the advisory board and their
businesses are not eligible as nominees.