Annual report of the NYS Senate Agriculture Committee

8/10/2019 Annual report of the NYS Senate Agriculture Committee

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SENATOR PATTY RITCHIE

CHAIR

2014 SENATE COMMITTEE ON

AGRICULTURE MEMBERS

ANNUAL REPORT OF THE SENATE AGRICULTURE COMMIT TEE 2014

Senator Patrick M. Gallivan

Senator Thomas F. OMara

Senator Michael H. Ranzenhofer

Senator James L. Seward

Senator Catharine Young

Senator Terry W. Gipson

Senator Velmanette Montgomery

Senator Jos M. Serrano

Senator Cecilia Tkaczyk

Senator David J. Valesky

Theodore T. KusnierzChief of Staff/Committee Director

Patricia McMurrayCommittee Clerk

Sheila OSullivanCounsel

James SalamyLegislative Director

BreAnna AveryLegislative Assistant

STAFF


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Our states hardworking farmers are the backbone of our econom

Thats why its especially concerning that the average age of Ne

York farmers is now 57.1 years. Additionally, the USDA Census

Agriculture estimates that there are two farmers aged 65 and older f

each one under the age of 35.

The Senate Agriculture Committee is working to protect our state

farming industry by encouraging more young people to pursue caree

in agriculture through Young Farmers NY, an innovative new progra

designed to offer incentives to young and early stage farmers ware interested in pursuing careers in agriculture. Key components

Young Farmers NY were enacted in 2014.

GETTING STARTED

Included in Young Farmers NY is a more than $600,000 fund

be utilized to provide grants of up to $50,000 to eligible beginni

farmers for the lease or purchase of farm equipment, supplies a

other necessities. In addition, Young Farmers NY also provides lo

forgiveness awards to students who commit to farming careers aftgraduation from an approved New York State college or university.

KEEPING THE FARMING TRADITION

In many instances, farming is a way of life thats handed down fro

generation to generation. Aimed at helping preserve this way of l

Young Farmers NY includes reforms to the Estate Tax to help assist

the transition of family farms from one generation to the next as w

as increased funding for in-school, agriculture leadership programs su

as Future Farmers of America.

SENATE AGRICULTURE COMMITTEE

HIGHLIGHTS FOR 2014

WELCOMING NEW YORKS NEXT

GENERATION OF FARMERS


(Continued on page


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INVESTING IN FARMING

Farming is a leading engine of New Yorks economy, annually produci$5 billion in products, supporting tens of thousands of jobs, and provid

more than $730 million in wages. A strong farm economy suppor

countless other businesses small and large, from manufacturers a

suppliers, to grocers, gas stations, convenience stores and others, a

farms serve as the backbone of many of the states rural communitie

Members of the Senate Agriculture Committee recognize the vi

economic role that todays farmers play in our states economy

significantly increasing State Budget investments in programs that a

to assure farmers success.

From 2011, the Senate led the way to increasing funding fthese programs by more than $21 million above the Executiv

recommendation, including restoring or increasing funding for

programs that were reduced or eliminated in 2009 and 2010, when o

political party completely controlled both houses of the Legislatu

and the entire budget process.

During those two years (2009 and 2010), total funding for agricultu

was reduced 33 percent (compared to an overall increase in sta

spending of 11 percent), but is now back on track to reach reco

levels in 2015.


HIGHLIGHTS FOR 2014


CASE STUDY:FARM VIABILITY INSTITUTE

The independent, farmer-led group awards grants for appliedresearch, and profit teams to help farmers adopt bestpractices to remain profitable and sustainable, save jobs andprotect the environment. The group has recorded a 6-to-1return on taxpayers investment. State Budget funding for FVIwas slashed more than 90% in 2009 and 2010, but restored ineach of the past four years.

(Continued from page 3)

ENCOURAGING EATING LOCAL

Capitalizing on the eating local trend, legislation to increase t

amount of locally grown and produced foods purchased by sta

agencies was approved by both houses of the Legislature. The measu

aims to use the purchasing power of state agencies and other levels

government to bolster the agricultural sector by providing an ann

training program for small food and farm businesses interested

participating in the procurement process.

(Continued on page


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SUPPORTING HARDWORKING FARMERS

The 2014-15 Enacted State Budget reaffirmed New Yorks commitme

to agriculture with record new funding for key farming programs well as critical marketing, education and research initiatives. Examp

of recipients of this vital support include the Farm Viability Institute, t

NYS Onion Growers Association, the NY Wine and Grape Foundatio

the life-saving Tractor Rollover Prevention Program, NY Map

Producers Association, Christmas Tree Growers, NY Berry Growe

Association, $1.45 million in increased support for Cornell Universit

NYS Veterinary Diagnostic Laboratory animal health surveillance a

control program, and more.

CHEERS! NEW YORKS WINE AND CRAFT BEVERAG

INDUSTRIES CONTINUE TO GROW

This year brought continued growth of New York States wine and cr

beverage industries. Today, our state is home to nearly 700 wineri

breweries, distilleries and cideries. In addition, it ranks third in t

nation in wine and grape production, second in apple production, boa

three of the 20 top-producing breweries in the United States as w

as has the second most distilleries in the country. In the most rece

State Budget, New York reaffirmed its commitment to helping the

industries grow by including $287,000 in funding for the NY Wine a

Grape Foundation as well as $160,000 for hops and barley research

Cornell University.


HIGHLIGHTS FOR 2014



(Continued on page

ST. LAWRENCE WINE TRAIL

New York has been working to build the relationship betweenagriculture and tourism, including through promotion of ourinternationally recognized wine and grape industries. The state isnow home to over 400 wineries. To help encourage more visitorsto Uncork New York, support local wine makers and enjoylocally produced wines, NYS has also designated 17 wine trailsconnecting local producers in regions across the state. The newestthe St. Lawrence Wine Trail, was born in 2014, thanks to legislationsponsored by Senator Patty Ritchie.


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HIGHLIGHTS FOR 2014



FIGHTING BACK AGAINS

DEADLY DISEASES

The 2014-15 State Budget once aga

included funding for critical rab

treatment and prevention program

Receiving more than $500,000 in suppo

was Cornell Universitys innovative program that uses special bait

to inoculate potentially disease-spreading wildlife so they wont

infected and pose a risk to the public. In addition, funding included

the budget also supported more than a dozen no-cost rabies clin

in Central and Northern New York where over more than 3,000 p

were vaccinated.

In 2014, significant strides were also made in the fight against the spre

of Eastern Equine Encephalitis, commonly known as EEE. A serio

disease that spreads via mosquitoes, EEE has been responsible for t

deaths of five people in Central New York in the past three decad

This year, the State Budget supported programs to educate childr

and families about the dangers of EEE, free tire recycling events whe

residents disposed of nearly 10,000 waste tires (which act as breedi

ground for mosquitoes) and additional mosquito control efforts.

In addition, this year also saw the creation of the 21st Centu

Workgroup for Disease Elimination and Reduction within the Sta

Department of Health. The group, comprised of experts in diseasinfection and public health, will be tasked with pushing for t

development of effective vaccines against diseases, including EEE, W

Nile Virus and Lyme.

RICHARD BALL NAMED COMMISSIONER OF TH

DEPARTMENT OF AGRICULTURE AND MARKETS

In 2014, New York State welcomed a new Commissioner of t

Department of Agriculture and Markets, Richard Ball. A native NYorker, Ball is a longtime farmer. He is the owner and operator

Schoharie Valley Farms, a 200 acre farm that produces a wide ran

of vegetable crops, fruits and greenhouse crops. In addition, he serv

customers through an onsite farm market, known as the Carrot Barn

as well as ships his produce to brokers and restaurants in the local ar

as well as the New York City region. Commissioner Ball was confirm

by the Senate as the 26th Commissioner of Agriculture and Marke

on May 6, 2014.


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AGRICULTURE LEGISLATION REPORT


During the 2014 Legislative Session, the New York State Senate Standin

Committee on Agriculture held five committee meetings to consider 12

bills which were referred to the committee. The committee acted on 4

bills, which were reported to the Senate floor or the next committee o

jurisdiction. Of the bills, 37 passed the Senate, 11 were signed into law

and as of December 19th, one awaits action by the Governor.

In 2014, the Senate Agriculture Committee focused on continuing to cu

red tape for farmers in an effort to decrease costs and grow the industr

In addition, the Committee worked towards passage of components o

the innovative Young Farmers NY program in an effort to encourag

more young people to pursue careers in agriculture.

Contained in the following pages are the dates, times and locations of committee meetings held in 2014

In addition, each bill is listed along with the name(s) of its prime sponsor(s), a brief synopsis and legislativaction taken on the measure in the past year.

Tuesday, January 28, 2014, at 9:00 AM, Room 411 LOB

S.1484-B (Marcellino)/ A.9624 (Thiele) increases the penalty for abandonment of an animal fro

not more than one year of imprisonment and/or a fine of up to a $1000, to up to one years imprisonmen

and/or a fine of up to a $2000. (Passed Senate)

S.1980-B (Carlucci, Avella. Gallivan, Gipson, Parker, Sampson, Seward)/ A.1959-B (Magee

Authorizes the operation of home wine makers centers as food processing establishments under th

jurisdiction of the Department of Agriculture and Markets (such centers are places where individuals pa

a fee to use space and equipment for the purpose of making wine for personal household use and not fo

resale). Specifies that the fee for a written consent letter authorizing a winery or farm winery to operate

home wine makers center shall be $125. The measure also authorizes wineries and farm wineries to operat

such a business and establishes the following requirements for a person engaging in the production of win

at a home wine makers center:

must be 21 years of age or older;

shall be limited to producing not more than 50 gallons of wine during any calendar year; provided that

there are one or more other persons who are twenty-one years of age residing in the same househo

as such person, and all other such persons in the same household may produce an aggregate of no

more than 100 gallons of wine for the household during any calendar year;

may remove the wine he or she produces at the home wine makers center for the purpose of person

use, including use in contests or tastings;

shall not produce wine for sale or offer such wine for sale;

shall produce not less than 5 gallons of wine in each calendar year;


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ANNUAL REPORT OF THE SENATE AGRICULTURE COMMITTEE 2014

may jointly produce wine with persons residing in a different household or households as long a

the quantity of wine made is within the quantity limits specified pursuant to federal law, rules an

regulations; and

shall use fruit grown or produced in the State of New York to produce the wine.

The bill creates a regulatory mechanism so that home wine maker centers can be established in this State

just as they have in other wine producing states including California, Washington, and Oregon. The bi

facilitates the ability of home wine makers to pool their resources and share equipment and storage facilitie

to produce quality wine for home consumption (as is currently allowed for under federal regulations)

(Passed Senate)

S.2332 (Klein, Avella, Ball, Carlucci, Gipson, Grisanti, Hassell-Thompson, Hoylman

Latimer, Marchione, Montgomery, Parker, Ritchie, Savino)/ A.5218 (Ortiz)

Directs the Commissioner of Education, in cooperation with the Commissioner of Agriculture and Market

to establish voluntary guidelines to assist school districts and institutions of higher learning to donate exces

unused food from their school meal programs to voluntary food assistance programs for the poor and

disadvantaged.

The United States Department of Agriculture (USDA) has encouraged the creation of programs that collec

food that would otherwise be discarded and donate it to voluntary feeding programs such as food pantrie

and soup kitchens.

Nearly 2 million school lunches and breakfasts are served every day in New York State. (Passed Senate)

S.4904-A (Maziarz, Sampson)/ A. 8596-A (Barrett) requires notification to the owner o

operator of a farm operation when information about their farm operation has been requested via th

Freedom of Information Law (FOIL) from a state agency or entity.

Currently, Article 6, Section 89 of the Public Officers Law (POL) dictates that a state agency/entity irequired to notify a farm or any business that its records are being released under a Freedom of Informatio

Law (FOIL) request when:

1) The records are actually requested via FOIL by a third party, AND

2) Upon initial submission of their business information to the state agency, the farm has indicated that the

are requesting the state agency/entity consider their information confidential.

If these two conditions are met, the agency/entity will contact the farm and have them justify their positio

that their business information should be exempted from FOIL release because it is confidential and it

release could put their business in a competitive disadvantage with their peers, consistent with the allowabl

statutory exceptions as defined in Public Officers Law (POL) 87(2)(a-i). The state agency/entity must the

determine whether the farm or business request for exception is valid and either approve or reject the

business request for exemption from FOIL release.

If the agency agrees with the farm or business and denies release of the requested information under th

FOIL, the requesting party may sue the agency for violating the FOIL. If the agency disagrees with the farm

or business and releases the information, the farm or business may sue the agency stating that it should fa

under the allowable exceptions to FOIL release listed under POL 87(2)(a-i).


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The farm community holds grave concerns that farmers will not utilize the valuable agricultural, environment

and other state programs available to them for fear of having their FOIL-derived business informatio

susceptible to sabotage or harm the farm and environment on which the farmers livelihood depends. Th

bill would require notification to the owners and/or operators of a farm operation when information abou

their farm operation has been requested via the Freedom of Information Law from a state agency or entit

Farmers and their families will have statutory assurance that they will be alerted if and when their farminformation is requested by a third party and by whom. (Committed to Rules)

S.6222 (Ritchie, Gallivan, Ranzenhofer, Seward)/ A.9009 (Magee)- specifies that the annua

Agricultural Environmental Management Program report shall also include, after consultation with th

Department of Environmental Conservation (DEC), the number of annual registrations for agricultura

water withdrawals exceeding an average of more than 100,000 gallons per day in any consecutive 30-day

period.

Directs that such information shall not be subject to disclosure under the Freedom of Information Law

(FOIL) and that any reports to outside parties for research or other purposes shall be redacted to exclud

any information about: a water source, the location of a water source, the capacity of a water source, an

the place and source of a proposed or existing withdrawal. (Passed Senate)

S.6311 (Grisanti, Young, Griffo, Tkaczyk)/ A.8394 (Rosenthal)- makes technical correction

to Chapter 553, L. of 2013 to simplify and clarify language which will thereby restore to municipalities, th

authority to regulate pet dealers. (Chapter 5, L. 2014)

Tuesday, February 11, 2014, at 9:00 AM, Room 411 LOB

S.1361(Little, Ritchie, Bonacic, Marchione)/ A.9230 Lupardo relates to the harvest o

timber on non-protected State lands and directs the Wood Products Development Council to work to

improve public understanding of the timber industry. In addition, the measure allows the Department o

Environmental Conservation (DEC) to execute a contract which shall be valid and enforceable without firsbeing approved by and filed with the State Comptroller, if the estimated value of the trees, timber or othe

forest products does not exceed $50,000.

This proposal essentially mirrors language put forth by DEC and included in the 2010-2011 Governor

Budget.

Currently, under State Finance Law, the threshold is $10,000 and the DEC and the State Comptroller mus

approve the contracts and this dual review is very time consuming. The threshold for sole DEC approval

significantly less. (Passed Senate)

A.2192 (Young, Bonacic, DeFrancisco, Gipson, Ranzenhofer)/ No Same As. allows th

Departments of Agriculture and Markets and Transportation to investigate and resolve any unreasonablbarriers to bulk milk transportation in New York City and on Long Island. In addition, the measure allow

the State Department of Transportation and the City Department of Transportation to jointly establis

weight standards for bulk milk haulers traveling within New York City.

The maximum weight limit on the Thruway is 100,000 lbs. If you exceed this you need an overweight bul

milk haulers permit per vehicle which is $100. (Passed Senate)


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S.2305-A (Ball, Addabbo, Carlucci, Golden, Grisanti, Lanza, Maziarz)/ A.8443 (Barrett

Requires each violator of Busters Law to register his or her name and address with the Division o

Criminal Justice Services (DCJS). Such registry shall be in print and in electronic form and shall be availabl

to all law enforcement entities, district attorneys, duly incorporated humane societies, societies for th

prevention of cruelty to animals, dog or cat protective associations, animal control officers, breeders o

animals and pet stores doing business in the state.

Any person required to register shall register annually, or each time such person moves to a new address an

shall continue to register until such person receives a court order ordering such registration to cease. N

such order shall be issued unless the person first demonstrates to the court that he or she has undergon

psychiatric or psychological testing, the results of which indicate by clear and convincing evidence his o

her capable and sound mental capacity and ability to own and properly care for an animal in a human

manner. Any person required to register pursuant to this section shall not own a companion animal or hav

employment at an animal shelter, pound, pet store, zoo or other business establishment where companio

animals are present. In addition, any person who is convicted of a violation, in addition to any other penalt

or term of imprisonment authorized by law, shall be subject to a mandatory surcharge of fifty dollars whic

shall be used to pay for the costs and expenses associated with establishing and maintaining the registry

(Passed Senate)

S.2560-A (Ball, Addabbo, Boyle, DeFrancisco, Diaz, Grisanti, Hannon, LaValle, Maziarz

Ranzenhofer, Stavisky)/A.4517-A (Tedisco) - expands the definition of aggravated cruelty t

animals to include physical injury or death to a companion animal in the course of commission of a felony

or immediate flight therefrom. (Passed Senate)

S.2677 (Young, OMara, Ranzenhofer)/ A.5742 (Magee) authorizes the Commissioner o

Agriculture and Markets to define and review farm conservation practices in conjunction with the State So

and Water Conservation Committee to determine the scope of engineering, land surveying or architectur

necessary for such practices on an on-going basis. (Passed Senate).

S.3693 (Ritchie, Valeksy)/ A.166 (Magee)- expands the definition of crops, livestock and livestoc

products to include silvopasturing* products, including products from a planned and managed combinatio

of trees, forages and commercial livestock for a productive benefit.

Current law does not allow assessors to grant agricultural assessments to forested land used for silvopastur

based on the characterization that such land is employed to produce livestock or livestock products for sal

(delivered to the Governor)

*Silvopasturing is the scientifically-based, ecologically-sound practice of livestock grazing in wooded area

which can yield numerous benefits for farm operations.

Tuesday, March 11, 2014, at 9:00 AM, Room 411 LOBS.2049-B (Young)/A.6804 (Magee) prohibits the filling, emptying or use of any liquefied petroleum

gas cylinder, container or receptacle with a capacity of more than 20 gallons, except by the owner or by

person authorized in writing by the owner.

The bill is prompted by situations where consumers have been enticed by unethical propane fuel dealers t

purchase propane fuel and have their propane tank serviced based on misleading advertised prices. In thes

cases, there often is little regard for the safety and welfare of the tank during the fueling transaction as we

as no regard for the safe handling and storage of the potentially hazardous fuel-endangering both consume

and property (i.e . tank and consumers residence).


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As a result, propane consumers are defrauded and propane dealers suffer damages resulting from th

unauthorized use of their propane tank for which they remain responsible. (vetoed)

S.4331 (Young, OMara, Ritchie, Valesky)/ No Same As. increases from 50 to 100 acres, th

acreage of farm woodland that qualifies as land used in agricultural production for agricultural assessmen

purposes.

Many farms have woodlands on their property which exceed fifty acres, but some only barely exceed tha

amount, causing local assessors to divide a single woodlot into two separate parcels so that one may b

assessed at the highest and best use while the other receives an assessment based upon its agricultura

value.

In many instances, the former is only a few small acres of land. As we continue farm preservation efforts

this legislation would allow farmers, particularly in areas of the state with greater development pressure, t

remain stewards of their land for generations to come. (Passed Senate)

S.4793 (Bonacic, Gipson )/ No Same As. relates to an exemption from the small food processin

licensing requirements for pickling.

Currently many farmers take advantage of the so called Home Processor exemption from the licensin

requirements placed upon food processors, to turn surplus fruits into jams or jellies.

Since this exemption does not currently extend to the pickling of vegetables, this bill would direct th

Commissioner of Agriculture and Markets to include pickling under the exemption if he determines tha

the protection of the consumers of the state as a whole will not be impaired by such action. (Committe

to Finance)

S.5064 (Valeksy)/ A.5564 (Magee) directs the Commissioner of Agriculture and Markets t

establish a Grow: Pride of New York program for nursery dealers which use products produced in New

York state.

The purpose of this bill is to promote horticulture, nursery dealers, and other horticulture establishment

that use a threshold amount of horticulture products grown in New York State.

This information will allow consumers to better locate garden centers, nurseries, Christmas tree farms an

other horticulture dealers that sell New York State products, and encourage more businesses to locall

source their products. (Passed Senate)

S.6693-C (Ritchie, Ranzenhofer, Seward) A.9121-C (Magee) provides that a person shall b

refunded a prorated amount of his or her license fee if he or she leaves the food processing establishmen

Currently, an applicant must pay a $400 fee to obtain a food processing establishment license, or $900 isome cases, if the Commissioner determines the establishment requires more intensive regulatory oversigh

The license fees covers a two year period, and the entire fee is paid at the beginning of that biennial perio

If an applicant subsequently leaves an establishment early, there is no provision in the law for any proratin

of the fee paid up front.

In some cases, an applicant leaves one establishment to join another food processing establishment, and ha

had to pay fees twice - once to the old establishment and again to the new establishment. This is unfair an

financially burdensome to food processors.


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A provision should be placed in the law allowing for applicants to be reimbursed some of their fee when

they leave a food establishment six months or more before the end of a two year licensing period and thi

bill requires just that. (Chapter 447, L. 2014)

Tuesday, May 6, 2014, at 9:00 AM, Room 124 CAPA.583-D (Gallivan, Avella, Ball, Gipson, Grisanti, Maziarz, Ranzenhofer)/ No Same As

Prohibits persons who have been convicted of animal cruelty from working at an animal shelter; it makes an

violation a class A misdemeanor. If enacted, this bill would not prevent the court from sentencing a perso

to community service in such a facility.

This proposal was prompted by numerous instances of animal abuse in establishments created to protec

and care for animals. Often, the accused are managers or employees of such establishments. Currently, ther

is nothing preventing them from remaining in these positions, or being hired in the future. (Passed Senate)

S.2129 (Grisanti)/ A.835-A (Ryan) Known as Phoenixs Law for the five and a half year old Jac

Russell Terrier who was intentionally set on fire but miraculously survived despite having endured week

of abuse by two individuals, the bill doubles the penalties for aggravated cruelty to animals and requires thindividual to undergo a psychiatric evaluation. (Passed Senate)

S.2566 (Ball, Addabbo, LaValle, Martins, Maziarz, Nozzolio, Savino)/ A.4514 (Tedisco

Prevents a person who is convicted of a violation of Busters Law from owning or possessing a companio

animal unless authorized by a court order issued by a county court judge. Such an order cannot be issue

until the convicted person first demonstrates to the court that he or she has undergone psychiatric o

psychological testing, and the results indicate his or her sound mental capacity to own and properly care

for an animal.

Busters Law increased penalties, including maximum prison sentences and fines, for engaging in anima

fighting and committing the crime of Aggravated Cruelty to Animals. (Passed Senate)

S.2621 (Young, Gallivan, Ranzenhofer)/ A.1487 (Gunther) removes farm pond dams from

required monitoring by the DEC and instead gives the responsibility to the state soil and water conservatio

committee for development of guidelines and best management practices for the classification, operatio

and maintenance of farm pond dams. The NYS Soil and Water Conservation Committee has longstandin

experience working with farmers to implement farm pond construction and maintenance and has th

necessary knowledge to establish such guidelines.

Farm ponds are an important agricultural and conservation resource for NY farms. This legislation woul

provide needed technical resources, while at the same time it ensures appropriate regulation. (Passed Senate

S.5377-A (Ritchie)/ A.7002-B (Magee)directs the Commissioner of the Agriculture and Markets t

enhance access to viable agricultural land for new and beginning farmers. It would direct the Commissione

of the Office of General Services to work with the Commissioner of Agriculture and Markets to develop a

inventory of state-owned real property that may be viable for farming.

This bill would emphasize assistance for new and beginning farmers in existing state law by requiring the Stat

to provide advice to State agencies regarding tax, financial assistance and other policies and programs tha

could address the needs of beginning farmers and the issues they face related to the transfer of ownership o

farms. It would also encourage the identification of properties owned by the State that are viable for farmin

and could be sold or leased for farming. It would promote information among those interested in purchasin

or leasing those properties. (vetoed/tabled)


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S.6418-A (LaValle)/ A.8563-A (Thiele) increases the penalties for confinement of a companio

animal in a vehicle during times of extreme hot or cold temperatures. Confinement of a companion anima

in a vehicle during times of extreme hot or cold temperatures can cause injury and death, even in a shor

period of time.

This legislation increases the penalties for any person who violates the provisions of this Section of Law

to $250-$500 for the first offense and $500-$1,000 for second and subsequent offenses. It sets a mor

protective standard for companion animals by permitting an officer to remove companion animals from

vehicle in instances where such confinement may place them in imminent danger of death or serious physic

injury. (Passed Senate)

S.6769-C (Libous, Boyle, Grisanti, Krueger, LaValle, Maziarz)/ A.739-D (Rosenthal

Amends the animal cruelty statute to include the prohibition of companion animal piercing or tattooing

unless such activity provides a medical or identification benefit.

Any person found in violation would be guilty of a misdemeanor punishable by imprisonment for not mor

than one year, or a fine of not more than one thousand dollars, or by both. (Chapter 479, L. 2014)

S.6798-A (Golden)/A.9058-A (Malliotakis)- establishes a misdemeanor for subjecting a companio

animal to certain cosmetic surgery or alterations, or selling a companion animal that has been subjected t

such treatment.

Conviction would result in a misdemeanor, punishable by no more than one year imprisonment, a fine of no

more than $1,000, or both. This penalty would be similar to other animal cruelty violations. (Committed t

Rules)

S.7131-A (Ritchie, Tkaczyk)/ A.9949 (Magee)- authorizes the Department of Agriculture an

Markets to designate and alter wine trails and farm beverage trails without altering the ability to so designat

trails by ad hoc legislation. It would not affect existing wine trails established in the Highway Law nowould it foreclose specific legislation designating such trails. Its purpose is to provide that the Departmen

in proposing new trails, ensures trail routes do not conflict with existing scenic byways or wine trail

designated pursuant to the Highway Law.

At the Governors 2012 Wine, Beer and Spirits Summit, industry representatives identified statutor

limitations to updating wine trails as an area in need of reform. (Passed Senate)

Tuesday, May 20, 2014, at 9:00 AM, Room 411 LOB

S.2798 (Ball)/ A.6805 (Sweeney)- provides exclusive authority to the Department of Agricultur

and Markets to oversee all cervid* farms and farming in the state. It would reduce duplicative oversight bDepartment of Agriculture and Markets and DEC which each require yearly reports from cervid farmers i

order to control and prevent the spread of disease between animals. There are approximately 564 cervid

farms in New York. (Committed to Rules)

*The Cervidae family includes white-tailed deer, mule deer (such as black-tailed deer), elk, moose, red dee

reindeer (caribou), fallow deer, roe deer and chital. They are raised for breeding, meat production, anima

watching preserves and tourist attractions.


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S.3007 (Griffo)/ A.272 (Braunstein) prohibits any person, partnership, or corporation from sellin

or offering for sale, food products containing melatonin to any person under the age of eighteen years

Requires retail food stores to display products containing melatonin in a location designated for person

over the age of eighteen, in a manner which restricts access to such food products.

While melatonin is a naturally-occurring compound, when ingested as a dietary supplement in large quantitie

melatonin can lead the central nervous system to slow down and cause trouble breathing. Certain melatoni

products are purposely marketed to minors and can result in poisoning in small children. In 2009, there wer

5,000 melatonin-related calls into poison control centers, most involving small children.

It would exempt foods that naturally contain melatonin, such as oats, corn, rice, almonds, fennel seeds

cherries, lemon verbena, balm mint (the young part of the plant) and ginger, and would thus only apply to

foods in which melatonin is an additive. (Committed to Rules)

S.4332 (Young, Gipson, OMara, Ritchie, Valesky)/ A.7063 (Magee) includes retail farm

operations within the definition of a farm operation for the purpose of extending certain protection

which are provided for under the States Right-to-Farm Law.

The measure defines a retail farm operation to mean a seasonal or annual enterprise with either permanen

or nonpermanent structures that are operated for the purposes of selling predominantly farm and foo

products in conjunction with or in support of land used in agricultural production. The bill requires tha

such portion of the farm and food products exceed 50% of the gross annual income of the retail operatio

Farm and food products are defined to mean any agricultural, horticultural, forest or other product of th

soil or water, including but not limited to fresh or processed fruits, vegetables, eggs, dairy products, meat an

meat-products, poultry and poultry products, fish and fish products, apple cider, fruit juice, wine, ornamenta

plants, nursery products, flowers and Christmas trees. (Passed Senate)

S.5552-B (Valesky, Ritchie)/ A.7572-A (Magee) creates an official definition of a local fooproduct to increase the amount of such products purchased by State agencies and provides procuremen

training to agricultural businesses in each of the regional economic development areas.

Defines local food product to include any food products that are grown, produced, harvested, and/o

processed by New York citizens or businesses located within the State, or predominantly contain New Yor

grown ingredients.

Under current State Finance Law governing the states procurement process, state agencies are permitted t

give a preference to state food producers or processors when all or some of the required food products ar

grown, produced, or harvested in New York State, or that any processing of such food products take plac

in facilities located within New York State. This provision may be waived if the purchase of New York foo

products would create a negative economic impact to the state.

More states are implementing policies going beyond this standard. Purchase preference laws for stat

products appear in eleven states including Massachusetts, Illinois, Maryland and Oregon. This policy allow

state entities to purchase higher priced goods from an in-state producer, if the price is within a certain

percentage range of an out-of-state producer that it is in competition with. New York City has enacted suc

a policy, and this legislation would do the same for New York State agencies. (Chapter 381, L. 2014)


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S.6360-A (Valesky, Carlucci, Gipson, Ritchie)/ A.8026-A (Jaffee) allows any landowne

to submit a proposal to a county legislative body for the creation of an agricultural district within suc

county, provided that such owner owns at least 250 acres or at least ten per cent of the land proposed t

be included in the district, whichever is greater.

Lowering the threshold from 500 acres is necessary because several counties are unable to meet the curren

threshold, especially in the Hudson Valley and other areas of the State that have seen metropolitan resident

moving into rural communities. Farms in these areas are under the scrutiny of neighbors that are unfamilia

with agriculture. Farms outside of agricultural districts do not have the protections afforded to those in suc

districts.

Currently, there are 23,000 farms in agricultural districts located in 52 counties (2013).

(Chapter 463, L. 2014)

S.6543-B (Young)/ A.9961 (Magee) directs the Commissioner of Agriculture and Markets, i

consultation with the NYS Broadband Program Office of the Empire State Development Corporation, t

compile and issue a report on precision agriculture. The report shall include recommendations relating tnecessary technical support, broadband accessibility with a particular focus in rural areas of the state, and

cost benefit analysis of precision agriculture. (vetoed)

Tuesday, June 17, 2014

The following nominees of the Governor were approved by proclamation to go before the Senate Financ

Committee for consideration and approved by the full Senate afterwards:

Amy Machamer - Advisory Council on Agriculture

Frank Beyrodt, Jr. - Advisory Council on Agriculture

Neal Rea - Advisory Council on Agriculture

Kimberly Ann Wagner - Advisory Council on AgricultureJim Bittner - Advisory Council on Agriculture



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Senate Agriculture Committee

Room 412, Legislative Office

Building, Albany, NY 12247

2014ANNUAL REPORT OF THE


Senator Patty Ritchie | Chair, Senate Agriculture Committee

Annual report of the NYS Senate Agriculture Committee

Documents

Transcript of Annual report of the NYS Senate Agriculture Committee