NYS Senate Agriculture Committee 2012 Annual Report

7/29/2019 NYS Senate Agriculture Committee 2012 Annual Report

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Senator Patty Ritchie

Senate Agriculture Committee

December 2012

Senator Dean G. Skelos, Majority Leader

State Capitol Room 330

Albany, NY 12247

Dear Senator Skelos:

It is my pleasure to present the annual report of the New York State Senate Standing Committee

on Agriculture detailing the activities of the Committee in 2012.

New York farmers have been feeding the world for over 386 years, since the rst European

settlers arrived here and planted the crops that would be shipped back to their homelands. Today,

agriculture is our states leading industry, and new technology and products are helping New

York build upon its successes that have placed the Empire State at the forefront in various sectors

of U.S. agriculture. While many of the states 36,000 farmers faced another year of challenging

growing conditions, the value of their production exceeded $5.2 billion.

The members of the Senate Agriculture Committee have been proud to partner with Governor

Cuomo to nd ways to help farmers meet the challenges of new and changing market places, and

help grow New Yorks already thriving agriculture economy, and this Annual Report details just

some of those efforts over the past 12 months.

I wish to thank you, the members of the Committee, and all our colleagues, for supporting our

family farmers, and helping to grow agricultureand helping to grow New York.

Sincerely,

Patty Ritchie

Chair, Senate Agriculture Committee


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Committee Priorities

Reducing Taxes on Farmers

Cutting Red Tape

Expanding Markets

Growing Jobs on the Farm


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2012 Senate Committee on Agriculture

Members

Senator Patty RitchieChair

Senator Patrick Gallivan

Senator Thomas F. OMara

Senator Michael H. Ranzenhofer

Senator James L. Seward

Senator Catharine Young

Senator Tony Avella

Senator Shirley L. Huntley

Senator Timothy M. Kennedy (Ranking Member)

Senator David J. Valesky

Staff

Theodore T. Kusnierz, Director

Sheila OSullivan, Counsel

Mark Walczyk, Committee Clerk


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Senate Standing Committee on Agriculture

2012 Annual ReportSubmitted Pursuant to Rule VIII (4)

New Yorks 36,000 farm families compete in a global marketplace and play a critical role in

our growing economy. In nearly every county of the state, family farmers work not only to feed

millions, but also to provide the raw materials for a host of manufacturing companies, ranging

from furniture makers to yogurt producers.

Its the role of the Senate Agriculture Committee, in partnership with our colleagues in the

Assembly and the Governor, to help growers and producers succeed, improve their bottom lines

and, as a result, build a stronger economy and future for all New Yorkers.

In 2012, the Senate Agriculture Committees priorities included:

Reducing mandates and fees on New Yorks family farmers;

Expanding marketing opportunities for small farms; and

Restoring critical farm research, marketing and education programs that were

subjected to withering budget cuts under prior Senate leadership.

What Farmers Want

Understanding that those best qualied to know the needs of farmers and agribusiness

professionals are the men and women who work in the eld every day, Senator Ritchie has

turned to farmers, in addition to their representatives in the farm advocacy community, to learnrsthand their opinions and ideas for improving and growing the states largest industry.

Agricultural Advisory CouncilThis group of 13 agricultural professionals from across the

48th Senate District includes crop, animal and dairy farmers, as well as leaders from a cross-

section of agriculture-related pursuits gives real farmers a seat at the table when discussing

agriculture policy and potential new laws. Senator Ritchie is the rst chair of the Senates

Agriculture Committee to formally recognize working members of the agriculture community in

such a capacity.

Survey of Agriculture ProfessionalsIn another rst, Senator Ritchie sponsored a survey offarmers and other agriculture professionals across her sprawling, three-county district, and made

the results available to farmers across New York State through her ofcial Senate website.

Over 100 responses were received, and farmers voiced their opinions on issues ranging from the

need to cut onerous red tape to a proposed new fee on milk producers which was rejected in the

State Budget, largely because of farmers opposition.


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Other ndings included overwhelming support for the Let NY Farm Act (S.4340-A),

sponsored by Senator Ritchie and Assembly Agriculture Committee Chair William Magee, and

listed as a top legislative priority for the NY Farm Bureau.

Support for Key Agriculture Programs

Following years of devastating budget cuts to programs that are vital to the health of New Yorks

farming industry, Senator Ritchie and members of the Agriculture Committee fought to restore

funding in two successive state budgets. The restored funding allows critical research, education

and marketing programsaimed at strengthening the bottom lines of farm businessesto

continue, and increased funding for certain programs that support research and marketing, and

provided assistance to farmers impacted by twin hurricanes that impacted the state.

Expanding Markets for Farm Products

Governor Cuomo made clear his support for growing New Yorks agriculture industry by

sponsoring two highly promoted and well-attended summits to both spotlight New York

farmers and help clear the way for continued growth.

The rst, a yogurt summit, explored regulatory relief to help farmers and manufacturers in the

expanding Greek yogurt trade. New York is a major producer of the popular consumer product,

accounting for 70 percent of the nations production. The Senate was represented at the summit

by Agriculture Committee Member James L. Seward.

The Governors second event, a Wine, Beer and Spirits Summit, spotlighted how wine, beer,

spirits and cider producers have a very signicant and positive effect on New Yorks economyby generating more than $22 billion annually while supporting tens of thousands of jobs. These

producers provide a boost to the agriculture industry by purchasing commodities to create their

beverages.

Agriculture in New York spans all four seasons


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The summit followed passage of a new Farm Brewery law sponsored by Senator Ritchie and

Senator David Valesky (S.7727, Chapter 108, L. 2012), and modeled on the successful law that

helped propel New Yorks farm winery industry. This measure creates farm breweries and a farm

brewery license for the manufacture and sale of beer and cider made from crops grown in New

York.

Specically, the measure:

creates a new category called New York State Labeled Beer;

creates a new category of alcohol entitled, New York State Labeled Cider (which is

cider made exclusively from apples grown in New York State);

creates a new Farm Brewery License;

ensures increased symmetry between farm wineries, breweries and distilleries by

allowing farm breweries to sell and conduct tastings of New York labeled beer, wine

or liquor from other farm breweries, farm wineries and farm distilleries and farm

wineries and distilleries will be able to sell and conduct tastings of New York State

labeled beer, wine or liquor; and

exempts a farm brewery licensee from annual reporting requirements to the

Department of Taxation and Finance (previously, the Tax Law required certain entities

to make an annual report disclosing enumerated information about their transactions

with vendors, hotel operators, and recipients of amusement charges to the Department

of Taxation and Finance).


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Eastern Equine Encephalitis (EEE)

The death of an Oswego County childthe fth such fatality in Central New Yorkaimed a

spotlight on this rare disease, for which there is no human vaccine, and propelled action fromSenator Ritchie and members of the Agriculture Committee.

Senator Ritchie sponsored an awareness campaign in communities throughout her district,

bolstered by State Budget funding to help eradicate disease carrying mosquitoes in six impacted

Central and Northern New York Counties, as well as a statewide program to protect horses that

are at high risk of the disease.

As a result of Senator Ritchies efforts:

1,734 horses received preventative vaccines; over 3,000 homeowners received free larvicide treatments to eradicate potential

infected mosquitoes on their land and near their homes.

In addition, Senator Ritchie secured State Budget funding to provide full reimbursement to

impacted counties for mosquito control treatments over state-owned lands within their county.

Recruiting the help of two local veterinarians, Senator Ritchie sponsored vaccination clinics for

horsesincluding a rst-ever clinic that targeted underserved and at-risk Amish farmers in St.

Lawrence Countyto increase public awareness of the disease, and ways to prevent its spread.

Senator Ritchie led the fight against EEE, hosting

two vaccination clinics for horses


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Public Hearing on Animal Abuse

The committee hosted, on May 9, 2012, a public hearing on animal abuse in Utica in the wake of

an especially horric case of abuse involving dead and emaciated dogs left in a local apartment.

Speakers included representatives of Nassau County District Attorney Kathleen M. Rice, whohas taken on several high-prole animal abuse cases recently, and a representative of the ASPCA.

The Agriculture Committee has oversight of proposed laws concerning animal abuse, which falls

under state Agriculture and Markets Law.

Legislation Considered by the Committee

The New York State Senate Standing Committee on Agriculture held seven committee meetings

during the 2012 Legislative Session to consider 67 bills which were referred to the committee.

The committee acted upon 43 bills by reporting them to the Senate oor or the next committee

of jurisdiction. Of that total, 12 passed the Senate and nine were signed into law by the Governor.

The committee continued its focus on measures that would reduce regulations and cut red tape in

an effort to allow farmers to grow and expand markets, while lowering the cost of doing business

for producers and agriculture professionals in New York.

The following pages include the dates, times, and locations of the committee meetings which

were held this year. In addition, each bill is listed with the name(s) of its prime sponsor(s), a brief

description and nal legislative action during the 2012 session.

Senator Ritchie chairs Senate Agriculture

Committee Meeting


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Thursday, January 19, 2012, at 9:00 AM, Room 816 LOB

S.3542 (Ritchie, Gallivan, Little)/A.6024 (Reilly) directs the State Fire Prevention and

Building Code Council to implement rules and regulations that include maple production

facilities and sugarhouses within the denition of agricultural buildings, so that such facilities

will be qualied for exceptions for agricultural buildings. In addition, the bill allows for publicaccess and assembly in sugarhouses as an agri-tourism activity. (Passed Senate)

S.4352 (Ranzenhofer)/A.1194 (Hawley) requires an additional 10% in matching grant funding

of agricultural environmental programs implemented in watersheds which are deemed by the

Commissioner of Environmental Conservation to be critical to recreational shing. (Committed

to Finance)

S.4728-A (Ritchie)/A.7658A (Magee) excludes the sale of an abstract of title to real property

to be used for agricultural purposes, to either a prospective purchaser or an attorney representing

a prospective purchaser, from State sales tax. (Passed Senate)

S.5160-B (Ritchie)/A.7655-B (Magee) expands the denition of crops, livestock and livestock

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

combination of trees, forages and commercial livestock for a productive benet. (Passed

Senate)

*Silvopasturing is the scientically-based, ecologically-sound practice of livestock grazing in

wooded areas which can yield numerous benets for farm operations.

Tuesday, January 31, 2012, at 9:00 AM, Room 816 LOB

S.770 (Young, Ranzenhofer, Ritchie) includes game birds bred or raised in conjunction with

a Department of Environmental Conservation (DEC) Class A Game Bird License within the

denition of livestock and livestock products under the Agricultural Districts Law. (Passed

Senate)

A.2370-A (Seward, Grisanti, Johnson, Larkin, Ranzenhofer, Ritchie)/A.5485-A (Magee)

exempts establishments that are engaged in the processing of homemade baked goods, spice or

powders that are to be sold exclusively at farmers markets or roadside stands from the denition

of a food processing establishment and includes grinding within the term processing.

Currently, these establishments are deemed food processing establishments under Agricultureand Markets Law, Art. 20-C. Therefore, such products must be processed in commercial

facilities. (Committed to Rules)


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S.2485 (Little, Ritchie)/A.444 (Magee) relates to the harvest of timber on non-protected

State lands and directs the Wood Products Development Council to work to improve public

understanding of the timber industry and allows the Department of Environmental Conservation

(DEC) to execute a contract which shall be valid and enforceable without rst being approved

by and led with the State Comptroller, if the estimated value of the trees, timber or other forest

products does not exceed $50,000. (Passed Senate)

S.5499 (Ritchie, Gallivan)/A.7657 (Magee) amends the Agriculture and Markets Law and the

Environmental Conservation Law to ensure that consumer packaging of maple syrup offered for

sale be plainly and conspicuously marked as to the grade and deems wash water produced during

the process of making maple syrup to not be a pollutant, therefore exempting such operations

from SPDES permit requirements. (Committed to Rules)

Tuesday, March 6, 2012, at 9:00 AM, Room 816 LOB

S.771 (Young)/A.6281 (Magee) species that the following information and data collectedand maintained by the Department of Agriculture and Markets related to the registration and

identication of farm premises and animals is condential and not subject to public disclosure:

the names and addresses of owners and premises contacts;

the location of premises where animals are kept;

the identication number of a premises or an animal; and

all business, production and inventory data for animal production units.

Allows the department to disclose such information to any agency or to the public if it

determines that such disclosure will aid in the law enforcement process or the protection of

public or animal health and safety. The department may also disclose any summary data on the

state of animal health on farms in the State and summary information which describes current

animal health status and trends, but shall not publicly identify individual farms or producers.

(Passed Senate)

Note: In 2008, the USDA canceled its mandatory premise registration directive and the

national animal ID system is now voluntary. Currently, all information collected by the

Department of Agriculture Markets is available to the public following a FOIL request.

That includes production and health data which can be viewed as proprietary.

S.791 (Young, Gallivan, Ranzenhofer)/A.5865 (Gunther) empowers the Department ofAgriculture and Markets to develop best management practices in conjunction with the State Soil

and Water Conservation Committee for the classication, operation and maintenance of farm

pond dams. Denes farm pond dam to mean those dams which meet guidelines established

by the Department and installed to principally enhance agricultural, environmental, and

conservation benets on farms. (Passed Senate)


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S.793-A (Young, Breslin, Gallivan, OMara, Ranzenhofer, Ritchie, Valesky )/A.6282-A

(Magee) at the request of the Legislative Commission on Rural Resources - includes

retail farm operations within the denition of a farm operation for the purpose of extending

certain protections which are provided for under the states Right-to-Farm Law. The measure

denes a retail farm operation to mean a seasonal or annual enterprise with either permanent

or nonpermanent structures that are operated for the purposes of selling predominantly farm andfood products in conjunction with or in support of land used in agricultural production. The bill

requires that such portion of the farm and food products exceed 50 percent of the gross annual

income of the retail operation. Farm and food products are dened to 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, sh and sh products, apple cider, fruit juice, wine, ornamental plants, nursery

products, owers and Christmas trees. (Passed Senate)

S.2409-E (Grisanti)/A.10652 (Rules) directs the Department of Agriculture and Markets to

develop a training, examination, and certication program for dog control, police, and peace

ofcers who deal with animal control or animal abuse issues. The measure also allows localgovernments to require individuals appointed as dog control ofcers to complete such a course

and successfully pass an examination given by the Department. The measure exempts police and

peace ofcers who deal with animal control or abuse issues from such training and certication.

(Passed Senate)

S.4340-A (Ritchie, Gallivan, Grisanti, LaValle, Libous, Bonacic, Larkin, Seward, Griffo,

DeFrancisco, Young, Ball, OMara, Valesky, McDonald, Little, Johnson, Maziarz,

Ranzenhofer)A.5286-A (Magee) enacts the Let New York Farm Act which amends

Agriculture and Markets Law, Tax Law, Vehicle and Trafc Law, and Environmental

Conservation Law in relation to reducing farm based taxes, fees and regulations. Creates a

refundable investment tax credit, exempts farm wineries from certain reporting requirements,

reduces ling fees for agricultural businesses organized as partnerships, LLCs, and corporations,

establishes an MTA agricultural vehicle supplemental registration fee exemption, reduces

agriculture plate registration fees, and reduces SPDES permit fees for farm operations

Specifcally, the measure:

requires Agricultural District hearing notices to be provided to all landowners with

land being proposed for inclusion in an agricultural district;

provides agricultural operations with a refundable investment tax credit;

exempts farm wineries from sales tax reporting requirements; eases farm tax ling burdens by extending corporation ling fee deadlines from 60

days to 120 days after the end of the tax year for farms, commercial horse boarding

operations and agricultural service providers;

exempts agricultural sprayers and livestock trailers from the supplemental fee for reg-

istrants that reside in the Metropolitan Commuter Transportation District (MCTD);

reduces agricultural plated truck registration fees from $2.51 to $2.01 per 500 lbs.

max. gross weight or portion thereof (2008 level); and


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reduces State Pollutant Discharge Elimination System (SPDES) permit fees to $25.00

per disturbed acre plus $25.00 per future impervious acre for any facility that is part

of a farm operation and $50.00 for a winery that is authorized to discharge pursuant to

a general permit. (Committed to Finance)

S.5641-A (Ritchie, Gallivan, Maziarz)/A.8329-A (Magee) claries the exemption forexhibitions and entertainments on fair grounds from any special or local law or municipal

ordinance which requires a license. (Committed to Rules)

S.6383 (Martins, Avella, Golden)/A.9158 (Clark) extends for four years, provisions which

prohibit the Commissioner of Agriculture and Markets from issuing a license to any place or

establishment where animals and/or fowls are slaughtered or butchered for food within a 1,500

foot radius of a residential dwelling in New York City, until August 5, 2016. Also maintains

the exemption for any premises upon which a person, rm, partnership or corporation has been

continuously conducting such business prior to August 5, 2008. (Chapter 25, L. 2012)

Tuesday, March 27, 2012, at 9:00 AM, Room 816 LOB

A.848 (Young, Gallivan)/A.6908 (Magee) provides for state preemption of the regulation of

the sale and analysis of fertilizer thereby prohibiting municipal governments from adopting rules

and regulations on fertilizer that are different from or in addition to, any requirements establishedunder Agriculture and Markets Law. The measure also species that it does not preempt

or otherwise limit the authority of any county or municipality to adopt and enforce zoning

regulations, re codes, building codes or waste disposal restrictions. (Committed to Rules)

The Great NY State Fair

celebrates agriculture


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S.4906-A(Klein, Montgomery, Savino)/A.7479-A (Cook) creates a Community Gardens

Task Force to identify and develop ways to encourage State agencies, municipalities and private

parties to establish and expand community gardens and the activities conducted by such gardens.

(Committed to Finance)

S.4916 (Nozzolio) - provides that in an agricultural district with a working family farm, anyproducer shall have the authority to build a home on such family farm property not to supersede

existing municipal law. (Committed to Rules)

Note: Producer is presently defned to mean any person who grows, produces, or

causes to be grown or produced, any farm and food products. This also includes members

of the producers family and the producers employees.

S.5159 (Ritchie, Gallivan, Larkin, OMara)/A.7656 (Magee) allows for automatic renewal

of an agricultural assessment provided that parcel eligibility is maintained and parcel acreage has

not been altered in anyway and the applicant can submit records to prove such eligibility at the

request of the assessor at any time. The measure also species that in the event that the applicantsells or ceases leasing land that is receiving the agricultural assessment, the applicant must notify

the assessor within 30 days of the sale of such land or lapse of the lease. (Committed to Rules)

S.5767 (Ball, Ritchie)/A.9746 (Sweeney) provides exclusive authority to the Department

of Agriculture and Markets to regulate and oversee all cervid farms and farming in the state.

(Committed to Rules)

Note: The Cervidae family includes white-tailed deer, mule deer (such as black-tailed

deer), elk, moose, red deer, reindeer (caribou), fallow deer, roe deer and chital.

S.6609 (Ritchie, Griffo, Gallivan, Maziarz, Ranzenhofer, Seward, Valesky, Young)/A.9499

(Magee) reduces the cap on the amount of change in the base agricultural assessment value for

any given year, from ten percent to two percent of the base agricultural assessment value of the

preceding year. (Passed Senate)

S.6774-A (Ritchie, Avella, Bonacic, Breslin, Dilan, Krueger, Stavisky)/A.9552-A (McEneny)

species that any person who intentionally owns, possesses, sells, transfers or manufactures

animal ghting paraphernalia with the intent to otherwise promote or facilitate animal ghting is

guilty of a class B misdemeanor punishable by imprisonment for up to 90 days or by a ne of up

to $500, or both. If such individual is convicted again within ve years, such person is guilty of

a misdemeanor, punishable by imprisonment for up to one year or by a ne of up to $1,000, orboth. Denes animal ghting paraphernalia to mean equipment, products, or materials of any

kind that are used, intended for use, or designed for use in the training, preparation, conditioning

or furtherance of animal ghting. (Chapter 144, L. 2012)


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Tuesday, May 1, 2012, at 9:00 AM, Room 816 LOB

S.847-A (Young, Breslin, OMara, Ranzenhofer, Ritchie, Valesky)/A.6212-A (Magee) at the

request of the Legislative Commission on Rural Resources - increases the maximum allowable

acreage for farm woodland which would be eligible for an agricultural assessment from 50 acres

to 100 acres. (Passed Senate)

S.4494 (Martins, Storobin)/A.6439 (Rosenthal) increases the nes for failing to adhere to

kosher certication when selling or packing food, from $1,000 to $2,500 for the rst violation,

and from $5,000 to $7,500 for a second violation. [A third and subsequent violations are

currently capped at $10,000.] (Chapter 304, L. 2012)

S.5083 (Ball, Addabbo)/A.1632 (Tedisco) species that a person is guilty of aggravated

cruelty to animals when, in the course of the commission of a felony or in the immediate ight

therefrom, such person causes physical injury or death to a companion animal. (Committed to

Codes)

S.5084 (Ball, Addabbo, Maziarz)/A.1580 (Tedisco) prohibits a person convicted of

aggravated cruelty to animals from owning or possessing a companion animal unless authorized

by a court order after appropriate psychiatric or psychological testing which indicates by clear

and convincing evidence that the person is capable and has sound mental capacity and ability to

own and properly care for such an animal in a humane manner. (Committed to Rules)

S.5702-A (Klein)/A.7502-B (Paulin) prohibits the use of a cage or box dryer at a companion

animal grooming facility which contains a heating element with the heating element turned on

for the purpose of drying or aiding in the drying of a companion animal. Denes a cage and

box dryer to mean a product that is attached to or near a cage or box for the purpose of drying

or aiding in the drying of a companion animal contained in a cage or box, and which is capable

of functioning without a person manually holding a dryer. Species that a companion animal

grooming facility means an establishment where a companion animal may be bathed, brushed,

clipped or styled for a fee. Establishes that a violation shall be punishable by a civil penalty of at

least $250, but nor more than $500. (Chapter 119, L. 2012)

S.6730-A (Fuschillo, Carlucci, DeFrancisco, Dilan, Golden, Hannon, Johnson, Larkin,

LaValle, Martins, Maziarz, Oppenheimer, Robach, Serrano, Stavisky, Valesky)/A.9917-A

(Rosenthal) claries, modernizes, and restructures the animal cruelty laws by transplanting

certain sections of the Agriculture and Markets Law into the Penal Law, re-dening terms, re-

titling offenses, altering the classication of certain animal crimes offenses, delineating specicsentencing provisions, and establishing various new offenses. (Committed to Codes)

S.6962 (Ritchie)/A.9858 (Magee) claries that commercial equine operations are able to

receive an agricultural assessment not just in years one and two following an operations access

to the program, but in year three and beyond, as long as the operation meets the eligibility

requirements set forth in statute. (Chapter 344, L. 2012)


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Tuesday, May 15, 2012, at 9:00 AM, Room 816 LOB

S.773 (Young)/A.4055 (Magee) this measure species that no person, rm, limited liability

company or corporation shall ll, rell or otherwise deliver liqueed petroleum gas (LPG) into

any liqueed petroleum gas cylinder, container or receptacle with a water capacity of more than

10 gallons, unless they are the owner of such container or a person authorized in writing by theowner. (Vetoed, Veto Memo 136, 2012)

S.6964-A (Carlucci, Kennedy, Klein, Savino, Valesky) this measure establishes the Shop:

Pride of New York Program for wholesale and retail sellers of food and food products produced

in New York State. (Committed to Finance)

S.6965 (Valesky, Carlucci, Kennedy, Klein, Savino)/A.9877 (Magee) this bill directs the

Commissioner of Agriculture and Markets to establish a Dine: Pride of New York Program for

restaurants which use ingredients produced in New York State. (Committed to Finance)

S.7136 (Young, OMara)/A.10085 (Lupardo) this bill species that a dog that has been

released from its connement for hunting or training purposes, in accordance with the

Environmental Conservation Law, shall be deemed to be under the reasonable control of its

owner or trainer, and not be deemed to be running at large. The measure also requires a dog

control, peace or police ofcer to make a fair and reasonable effort to determine whether any dog

found or suspected of running at large is a dog engaged in hunting, training or other activities in

accordance with the Environmental Conservation Law before charging the owner or trainer ofsuch dog with any violation. (Committed to Rules)

S.7268-A (Ball, Skelos, Gallivan, Grisanti, LaValle, Oppenheimer)/A.697-D (Paulin) this

bill establishes requirements for pet dealers for the care and sale of cats and dogs which include

an exercise plan, an isolation area for animals that exhibit symptoms of contagious disease or

illness, a written program of veterinary care with regular visits to the pet dealers premises, and

daily observation of all animals to assess their health and well-being. (Chapter 110, L. 2012)

New York is a leading producer of apples


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S.7277-A (Grisanti)/A.9593-A (Dinowitz) this measure requires unit pricing in chain stores

that sell over $2.5 million worth of grocery products per year. Specically, the measure exempts

convenience stores which include small stores that typically sell motor fuel, tobacco products,

fast food and beverages and do not offer sufcient quantity of consumer commodities to make

unit pricing useful to consumers (with gross sales of under $2.5 million in the previous year).

Stores that are part of a network of subsidiaries, afliates or other member stores, under director indirect common control, with ve or more stores located in New York which as a group

had annual gross sales in the previous calendar year of $2.5 million or more of consumer

commodities, would be required to institute unit pricing. (Chapter 427, L. 2012)

Tuesday, June 5, 2012, at 9:00 AM, Room 816 LOB

S.850 (Young, OMara, Ranzenhofer/A.2164 (Magee) This bill authorizes the Commissioner

of Agriculture and Markets to dene and review farm conservation practices in conjunction

with the State Soil and Water Conservation Committee to determine the scope of engineering,

land surveying or architecture necessary for such practices on an on-going basis. (Committed toRules)

S.2015 (LaValle, Griffo, Maziarz, Oppenheimer))/A.299 (Glick) this bill establishes an

animal abuser registry for any individual who has been convicted of a felony violation of animal

abuse which will be maintained by the Division of Criminal Justice Services. (Committed to

Finance)

S.4342-A (Lanza, Avella)/A.3317-A (Cusick) this bill transfers regulation and oversight

of horse stables in New York City from the Department of Consumer Affairs to the NYS

Department of Agriculture and Markets and requires yearly inspections. The bill also establishes

stable standards for care that include lighting, temperature, cleanliness, food and water. Exempts

carriage horses and horses subject to regulation under the Racing, Pari-mutual Wagering and

Breeding Law. (Committed to Finance)


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S.4533-A (Carlucci, Ritchie, Klein, Savino, Valesky)/A.7971-A (Magee) this bill authorizes

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

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

individuals pay a fee to use space and equipment for the purpose of making wine for personal

household use and not for resale). Species that the fee for a written consent letter authorizing a

winery, farm winery or micro-winery to operate a home wine makers center shall be $125. Themeasure also authorizes wineries, farm wineries and micro-wineries to operate such a business

and establishes the following requirements for a person engaging in the production of wine 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 if there are one or more other persons who are twenty-one years of

age residing in the same household as such person, and all other such persons in the

same household may produce an aggregate of not 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 pur-pose of personal use, including use in contests or tastings;

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

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

may jointly produce wine with persons residing in a different household or house-

holds as long as the quantity of wine made is within the quantity limits specied

pursuant to federal law, rules and regulations; and

shall use fruit grown or produced in the state of New York to produce the

wine. (Passed Senate)

S.6778 (Ritchie, Avella, OMara, Seward)/A.9960 (Magee) Department Bill #96 - thisbill species that after the initial grant of agricultural assessment, the annual application shall

be on a form prescribed by the Commissioner of Taxation and Finance and shall consist of

only a certication by the landowner that the landowner continues to meet the eligibility

requirements for receiving an agricultural assessment and seeks an agricultural assessment for

the same acreage that initially received an agricultural assessment. The measure also requires

the landowner to maintain records documenting such eligibility which must be provided to the

assessor upon request. In addition, the bill requires a landowner to apply for an agricultural

assessment for any change in acreage, whether land is added or removed, after the initial grant of

agricultural assessment. (Chapter 160, L. 2012)

S.7114 (Klein)/A.10101 (Ortiz) this bill establishes provisions to combat the incidence ofadult and childhood obesity and provides for direct marketing of fresh vegetables and fruits

in areas with a high incidence of adult and child obesity. It also directs Cornells Cooperative

Extension Program to offer obesity and respiratory disease prevention programs. (Committed to

Finance)


18/18

15

Agriculture Bills Acted On By Rules Committee

S.3804-A (Ball)/A.1506-A (Tedisco) - requires each violator of Busters Law to register his or

her name and address with the Division of Criminal Justice Services. (Passed Senate)

S.7611-A(Ritchie)/A.7140-B (Magee) this bill makes technical changes to legislation whichwas passed as part of the 2010 State Budget which empowered municipalities to design and

implement dog licensing programs to meet the needs of their respective locality. Among the

various technical changes and clarications, the bill claries that surcharges on optional purebred

dog licenses and dog licenses be submitted to the Commissioner of Agriculture and Markets to

facilitate the operation of the Animal Population Control Program. (Chapter 446, L. 2012)

Documents

NYS Senate Agriculture Committee 2012 Annual Report