The Honorable Sheldon Silver
Speaker of the Assembly
Room 349, State Capitol
Albany, New York 12248

Dear Speaker Silver,

As Chairperson of the Assembly Standing Committee on Agriculture, I respectfully submit to you the 2002 Annual Report. I have outlined the Committee's significant legislation and our outlook for the 2003 Session.

The Committee was successful this year in promoting legislation that was crucial in helping family farms remain solvent and profitable, that provided funding for critical farm programs and research, that reduced regulatory burdens on agriculture, and that enhanced the humane treatment of domestic animals. In addition, the Assembly passed legislation that promotes New York State products and provides support for small farm businesses.

Many issues and challenges face the agriculture industry. I look forward to your continued support and leadership in addressing these challenges.

2002 ANNUAL REPORT

OF THE

NEW YORK STATE ASSEMBLY

STANDING COMMITTEE ON AGRICULTURE

William Magee
Chairman

1. Committee Jurisdiction
2. 2002 Committee Accomplishments
1. Agribusiness Development
2. Farmland Protection
3. Dairy Issues
4. Food Safety
5. Animal Safety and Control
6. Other Issues
3. Budget for Agriculture
4. Outlook for 2003

Appendix A:  2002 Summary of Action on All Bills
Referred to the Assembly Committee on Agriculture

Appendix B:  2002 Agriculture Committee Bills
that Became Law

Appendix C:  2002 Agriculture Committee Bills
that Passed the Assembly

Appendix D:2002 Agriculture Committee Bills
that were Vetoed

The Assembly Standing Committee on Agriculture is responsible for legislation that relates to the Agriculture and Markets Law, oversight of the Department of Agriculture and Markets (the Department), and the budget of the Department. The Committee works closely with institutions of higher learning to promote agricultural research and development. The Committee also monitors and, at times, mediates policy disputes and conflicts when agricultural issues are involved.

Some of the major topics investigated by the Committee as part of its legislative and oversight functions include, but are not limited to: food inspections and safety; farmland protection; farm product sales and marketing; agribusiness licensing and regulation; humane treatment of domestic animals and pets; kosher laws; and animal disease. The Committee also works to repeal unnecessary or unenforced laws and programs, if such actions are in the public interest.

The Committee also provides sponsorship, input, and support for program legislation related to agriculture but referred to the Committees for Insurance, Labor, Environmental Conservation and other standing committees.

1. DEVELOPING NEW YORK'S AGRIBUSINESS

New York State offers many advantages for food processors, including a plentiful supply of quality agricultural produce, access to large metropolitan centers, rail systems, port and waterway systems, and an abundant supply of water. However, the State needs to strengthen its leadership role in encouraging the retention and expansion of the food processing sector in the State. The Chairman recognizes this need and has made it as one of his top priorities.

1. Furthering Agriculture and Domestic Arts

This bill would provide money for the promotion of agriculture and domestic arts and would establish eligibility criteria to receive such aid. (A.11595-A, Rules (Gunther)) (Chapter 683 of the Laws of 2002)

2. Permitting the Distribution of Ginseng

This chapter authorizes the Department of Environmental Conservation to regulate the collection, sale, and exportation of American ginseng. (A.10425-A, Magee) (Chapter 142 of the Laws of 2002)

3. Allowing Indemnity in Disease Control

This chapter provides that indemnity may be allowed when payment is deemed by the Commissioner to further the public interest in preventing, controlling, suppressing, or eradicating disease with respect to which indemnity is sought. (A.11255, Rules (Magee)) (Chapter 153 of the Laws of 2002)

4. Governing Farm Product Payment

This chapter regulates time of payment for certain farm product transactions. (A.11533-A, Rules (Magee)) (Chapter 344 of the Laws of 2002)

5. Promoting Urban "Greenmarkets"

This bill provides for the planning and development of regionally based urban greenmarkets that are similar to existing Farmers' Markets. This bill targets the need to provide New York producers with increased market opportunities, and it would assist with the revitalization in cities and urban areas by bringing the products of farmers and craft businesses into the city, allowing them to sell directly to the customer. (A.3140, McEneny) (Passed Assembly)

6. Promoting Sustainable Agriculture

This bill would create the Council on Sustainable Agriculture. The Council would integrate rural and urban issues by providing farmers and consumers with information addressing the economic problems of the farm and the consumer's desire to maintain a sustainable food supply. The Council would provide a comprehensive approach to the financial, energy, environmental, consumer, health, and educational requirements of ecologically sound and economically viable agriculture. Council members would include the Commissioners of Agriculture and Markets, Environmental Conservation, and Health, as well as twelve appointments by the Governor. (A.3518, Magee) (Passed Assembly)

7. Encouraging First-Time Farm Purchasers

This bill would enact the "First Farm Financing Act" to establish a revolving loan fund to assist first-time buyers of farms. Individuals purchasing their first farm within New York state who meet eligibility requirements could receive up to ten percent of the cost of the farm to be used for down payment purposes. This bill would also require the Commissioner of Agriculture and Markets to establish a statewide inventory of farms for sale for the purpose of keeping farmland in agriculture. (A.3519-B, Magee) (Passed Assembly)

8. Promoting New York Products

This bill would create the "Agribusiness Development Microbusiness Revolving Loan Fund," to stimulate business and increase the economic value of NY grown products. Agriculture and agribusiness are vital to the economy of the state, especially in rural areas. This bill would improve the economy by encouraging the use of agricultural and forest products in manufacturing enterprises. This bill would assist the producers of agricultural products in establishing their own value-added business enterprises to supplement their farm incomes. (A.5800, Gunther) (Passed Assembly)

2. AGRICULTURAL DISTRICTS (Protecting Farmland)

New York State has approximately 38,000 farms and 5.99 million acres of farmland that produce corn, dairy products, fruits, and vegetables. Unfortunately, the conversion of farmland to forest and suburban housing continues at a rapid rate. Preserving farmland is an important challenge to State government. Programs proposed by the Assembly Committee on Agriculture are directed at ensuring essential farm operations are recognized by regulatory schemes and easing financial burdens on farmers through loan fund programs.

1. Allowing Smaller Farms to Qualify for Agricultural District Status

This chapter decreases the size of a parcel of land that can be used for the purpose of an Agricultural Assessment. This allows smaller farms such as fruit farms to receive the benefits of being in an agricultural district. (A.10307-B, Magee) (Chapter 445 of the Laws of 2002)

2. Thoroughbred Payments Included in "Gross Sales"

This chapter includes certain payments received by thoroughbred breeders within the meaning of the term "gross sales value" as it relates to agricultural districts. (A.10424, Magee) (Chapter 516 of the Laws of 2002)

3. Containing Agricultural Land within an "Agricultural District"

This bill would provide a procedure for the inclusion of viable agricultural land within a certified agricultural district. (A.10427-A, Magee) (Chapter 687 of the Laws of 2002)

4. Designating Horse Boarding as "Agricultural Production"

This bill would eliminate county legislative body approval for the designation of certain horse boarding operations as land used in agricultural production. (A.10426, Magee) (Chapter 696 of the Laws of 2002)

5. Eliminating Noxious Weeds

This bill would change the definition of "noxious weeds" to include injurious plants that are prevalent in the state. Currently a plant must be, "new" or "not widely prevalent in the state" in order to be considered a "noxious weed." This would allow the State to treat a plant like purple loosestrife, which has a significant foothold in the State, as a noxious weed. This represents an important step in protecting the natural resources of New York state, including farmland, from detrimental plants. (A.1053, Luster) (Passed Assembly)

3. DAIRY ISSUES

Dairy products are vitally important to the economy of New York State. Dairy commodities represent the vast majority of the State's agricultural industry, accounting for approximately two thirds of all receipts, but there remains a need to increase dairy production. For example, the consumption of milk has increased while the volume of milk produced has actually decreased. The Chairman has recognized this need, and one way he is attempting to address this is by facilitating further sales of milk through schools.

1. Milk Vending

This chapter provides exemptions from licensing requirements for persons who vend food and beverages through vending machines if such persons sell no milk other than that purchased from a duly licensed milk dealer. This bill is an important part of the Chairman's plan to increase the market where New York farmers can sell their products. Additionally, this bill makes it easier for vendors to provide students with an opportunity to purchase nutritional beverages at school. (A.11097, Rules (Magee)) (Chapter 614 of the Laws of 2002)

2. Protecting New York State's Dairy Herd

This chapter establishes the New York State Cattle Health Assurance Program. This program is intended to protect the dairy herd through voluntary participation and on-farm programs. This program also makes it easier for New York State to receive Federal Funds for the purposes of maintaining animal health. (A.8597-A, Rules (Markey)) (Chapter 141 of the Laws of 2002)

3. Assigning an Advisory Committee for Milk Prices and Marketing Agreements

This bill would direct the Commissioner of Agriculture and Markets to appoint a referendum advisory committee to assist and advise in the conduct of the producer referendum under the Rogers-Allen law, relating to orders fixing prices for milk and marketing agreements. (A.11329, Rules (Magee)) (Chapter 679 of the Laws of 2002)

4. Marketing NY Dairy Products

This bill would require the name of the city, village, or hamlet and zip code where milk is processed or packaged to be printed upon the package of in-state milk. This bill would make it easier for consumers to support local producers by purchasing New York State products. This bill would enable a consumer to identify and purchase New York State products while simultaneously increasing sales for NY milk producers. (A.4951, Magee) (Passed Assembly)

5. Creating a Dairy Cattle Rabies Vaccination Program

This bill would establish a voluntary program for the vaccination of dairy cattle against rabies in which the Commissioner of Agriculture and Markets will purchase rabies vaccine and distribute it to licensed veterinarians without charge who agree to a minimum fee. It would also provide that the Commissioner shall promulgate implementing regulations. (A.4658, Magee) (Passed Assembly)

4. FOOD SAFETY

Decreased staffing levels at the Department's Food Safety and Inspection Unit have led to a decrease in food inspections throughout New York State. The frequency of food inspections in supermarkets has fallen to once a year upstate and approximately once every two years in the New York City area. The number of food inspectors is close to a record low with only sixty-eight inspectors to cover 26,000 stores in the State. The Committee believes that this does not provide adequate resources to protect consumers from food-borne diseases.

Recent detections of new strains of bacteria in food are also creating a new level of awareness among citizens, and in response to growing public concern about bacteria-tainted meats and new technologies used in the production of food, the Assembly Committee on Agriculture passed legislation to enhance the effectiveness of New York State's food safety programs. Unfortunately, the Senate did not act on these measures.

1. Enhancing Food Safety Programs

This bill creates a nine-member advisory board within the Department of Agriculture and Markets on food safety and inspection programs, which would be responsible for advising the Commissioner on the enforcement of food safety laws and regulations. The Board would also review existing and proposed laws and regulations and report to the Legislature on the needed changes. Five members would be appointed by the Governor, including two academic food safety experts, one representative each from the retail and food processing industries, and one farmer. The Speaker of the Assembly and President Pro Tempore of the Senate would each appoint one consumer and one food industry representative. (A.2760, Cook)(Passed Assembly)

2. Ensuring Safe Transportation of Food Products

This bill ensures maximum safety and quality of food products during transportation in the state by allowing inspectors from the Department to examine common carriers transporting food and food products under conditions that could lead to adulteration. Current regulations exempt common carriers from this provision. This bill would ensure that all food and food products are transported under the safest conditions at all times. (A.5920, Gunther) (Passed Assembly)

3. Increasing the Frequency of Slaughterhouse Inspections

This bill would require the Department of Agriculture and Markets to inspect every slaughterhouse in the State at least once every year and require each slaughterhouse to post a copy of their inspection. Any slaughterhouse failing three consecutive inspections would be ordered to cease operating until they passed an inspection. (A.11302, Rules (Klein)) (Passed Assembly)

5. ANIMAL SAFETY AND CONTROL

The citizens of New York State care deeply for the safety and health of their pets. One issue that citizens across the State expressed concern about during a series of hearings that the Committee conducted in 2000 is the problem of pet overpopulation. In 2001 the Committee took steps to address this concern by reporting legislation that dealt humanely with the issue of pet overpopulation. Other legislation spoke to the need for increasing awareness of owners' obligation of responsible pet possession and preventing attacks by pets. This issue has generated much interest from the public and the committee has worked to move legislation that reduces the number of attacks and encourages responsible ownership of pets.

1. Expanding the Definition of "Service Dog"

This chapter includes within the definition of "service dog" any dog being individually trained to do work for the benefit of a person with a disability, provided the dog is, or will be, owned by the person with the disability or a representative of that person. (A.8592, Rules (Cymbrowitz)) (Chapter 39 of the Laws of 2002)

2. Preventing Slaughter of Dog and Cat for Human Consumption

This chapter prohibits the slaughter of domesticated dog and cat for human consumption as edible meat or meat products, and provides that no person, firm, partnership or corporation shall sell the skin, hair, or fur of a domesticated dog or cat. The chapter also provides that a violation would be punishable by a civil penalty of up to one thousand dollars for an individual and up to five thousand dollars for a corporation for a first violation and up to twenty-five thousand dollars for a subsequent violation. (A.4945-C, Glick) (Chapter 573 of the Laws of 2002)

3. Prohibiting Licensing Fees for Therapy Dogs

This chapter provides that there shall be no licensing fee for any license issued for any therapy dog, and provides that each copy of any license for such dogs would be conspicuously marked "Therapy Dog". (A. 642-A, Gromack) (Chapter 558 of the Laws of 2002)

4. Defining "Detection Dog"

This chapter defines "detection dog" as any dog that is trained or is in the process of being trained for the purpose of detecting controlled substances, explosives, firearms, cadavers, or correctional facility contraband. It also provides that detection dogs would be issued dog licenses without a fee, and for the issuance of special identification tags for detection dogs, and would prohibit discrimination against persons accompanied by a detection dog by any place of public accommodation. (A. 11289-A, Rules (Weisenberg)) (Chapter 494 of the Laws of 2002)

5. Taking Precautions for Horse Transportation

This chapter provides that every vehicle utilized for the transportation of more than six horses will have no more than one tier. (A.10152, Gunther) (Chapter 191 of the Laws of 2002)

6. Registry for Dangerous Dogs

This bill would establish a registry of dangerous dogs and a dangerous dog advisory board, which would advise the Commissioner on how best to protect the public from such animals. Attacks by dangerous dogs have increased substantially, many resulting in injury and even death. Many of the reported attacks have been by a dog that has previously committed attacks. By establishing a dangerous dog registry the Commissioner can track such animals and remove them from the public before they injure someone a second time. Establishing a dangerous dog advisory board comprised of those with expertise in dealing with animals to aid the commissioner will protect the public from such animals. (A.5113, Scarborough) (Passed Assembly)

7. Sanctioning Security for the Care of Abused Animals

This bill would authorize the District Attorney bringing animal abuse charges to petition for the posting of security for the care of the abused animal on behalf of the impounding organization. It would also authorize all such petitions to be filed at or after the arraignment on animal abuse charges. (A. 9547, Englebright) (Passed Assembly)

6. OTHER LEGISLATION

1. Optical Scanning

This bill would authorize the Commissioner to inspect and test optical scanning devices and systems. The Agriculture and Markets Law would be updated to include laser scanning equipment within the scope of the weights and measures provisions. This equipment scans and registers the price to be charged to consumers for products purchased. An error or malfunction could result in monetary losses to consumers. This legislative proposal seeks to prevent such losses by certifying the accuracy of the laser scanning devices. (A.2576, Lafayette) (Passed Assembly)

2. Protecting Independent Motor Fuel Marketers

This bill would enact the New York Motor Fuel Marketing Practices Act, which would protect smaller, independent marketers from predatory practices that some larger marketers employ in efforts to eliminate competition from independent marketers. This bill would set standards that allow fair competition by prohibiting the sale of gas by retailers at prices below cost. (A.1626-C, Tonko) (GOVERNOR VETO #48)

$16.4 Million Allocated for Agriculture Initiatives

Budget keeps successful Programs going, aids in starting new ones

In 2002 the Assembly secured an additional $3.4 million for agricultural initiatives and research programs, allowing key state investments in production agriculture. These initiatives seek to ensure that New York's consumers continue to have the freshest, healthiest products possible, while expanding and strengthening the agricultural industry in New York. The additions to the Agriculture budget include:

• Agricultural Economic Development ("Grow NY")
  $1,300,000
• Cornell Agriculture in the classroom
  $120,000
• New York AgriTourism
  $1,000,000
• New York State Apiary Inspection Program
  $200,000
• Association of Teachers of Agriculture
  $40,000
• New York State Avian Disease Program
  $315,000
• Cornell Apiary Research
  $85,000
• New York State Cattle Herd Health Assurance Program
  $350,000
• New York State Veterinary Diagnostic Laboratory at Cornell
  $1,945,000
• Cornell Integrated Pest Management Program
  $1,037,000
• Farm Family Assistance (New York Farm Net)
  $300,000
• Future Farmers of America
  $135,000
• Cornell Geneva Experiment Station
  $474,000
• New York State Golden Nematode Program
  $51,000
• Integrated Pest Management Grape Entomologist (Fredonia)
  $50,000
• Cornell Johne's Disease Program
  $300,000
• Local Fairs
  $477,000
• New York State Marine Resources Council
  $100,000
• New York State Migrant Child Care
  $4,421,000
• New York State Apple Growers Association
  $500,000
• North Country Agriculture
  $400,000
• Cornell Onion Research Program
  $100,000
• Cornell Pro Dairy Program
  $642,300
• New York State Quality Milk Promotion Program
  $1,084,000
• Cornell Rabies Vaccine Program
  $125,000
• Cornell Seed Testing Program
  $200,000
• New York State Wine and Grape Foundation
  $662,000

In this past legislative session, many bills were signed into law by the Governor that protect and enhance New York State's valuable agricultural industry. The Committee will focus much of its efforts on continuing to expand marketing opportunities for New York farmers and ensuring the viability of New York agriculture in the 21st century. Pending issues include:

• farm profitability, including milk prices
• food safety
• animal care, unwanted pets and dangerous dog control
• marketing of agricultural products.

Other issues facing the Assembly Agriculture Committee include enacting a program for sustainable agriculture and organic farming and increasing support for the Geneva Experiment Station, which is important to the development of new agricultural practices in the State.

The Committee will examine these and other issues, and will formulate possible legislative solutions with all sectors of the agricultural community and the public.

APPENDIX A

2002 Summary of Action On All Bills Referred to
the Assembly Committee on Agriculture