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II. 2005 COMMITTEE ACCOMPLISHMENTS
A. DEVELOPING NEW YORK'S AGRIBUSINESS
New York State offers many advantages for food producers and processors. However, as both seek to
diversify their operations to keep pace with a rapidly changing marketplace, technological advances and
more stringent environmental requirements, the Committee seeks to strengthen the state's leadership
role accordingly. The Chairman recognizes this need and places it at the top of his priorities.
1. Allowing Farm Wineries to Purchase of Out-of-State Grapes in Certain Instances
This chapter allows duly-licensed farm wineries to purchase out-of-state grapes for the production of wine
if a natural disaster or continued adverse weather destroys at least forty percent of the grape or fruit crop as
used in the production of wine. Under the former law, a farm winery owner was required to forfeit his or her
license and apply for licensure as a commercial winery if out-of-state grapes were to be used in the production
of wine, causing considerable financial and administrative impact on the farmer.
(A.7432, Magee) (Chapter 83 of the Laws of 2005)
2. Including Alpacas and Llamas as "Livestock" in Agricultural Districts
This law includes wool bearing animals, such as alpacas and llamas, within the definition of "livestock" for the
purpose of the highly successful Agricultural Districts Law, providing benefits to producers.
(A.6061, Magee) (Chapter 200 of the Laws of 2005)
3. Enhancing Agricultural Producers Security Program Protections
This chapter enhances the protections offered farm producers under the recently-enacted producer trust benefit
option of the Agricultural Producers Security Program. Specifically, it increases from thirty to sixty days the time
provided for producers to activate the trust provision and clarifies that such notice may be given prior to the date
by which the dealer was obligated to make payment. (A.7170, Magee) (Chapter 209 of the Laws of 2005)
4. Including Timber Processing Operations in Agricultural Districts
This chapter includes certain timber processing operations among those within an agricultural district that
receive certain protections from restrictive local laws and other benefits under the Agricultural Districts Law.
(A.7494-A, Magee) (Chapter 573 of the Laws of 2005)
5. Making Horse Boarding Operations Eligible for Agricultural Assessments and Protection
This law makes start-up commercial horse boarding operations eligible for agricultural assessment and
protection from unreasonably restrictive local laws. (A.8101, Magee) (Chapter 587 of the Laws of 2005)
6. Strengthening Farm Product Payment Protections
This chapter modifies provisions governing the licensing of farm products dealers regarding the definition of
prompt payment, creating an exemption from filing a bond or letter of credit, and the manner of a processor's
notifying the Commissioner of stated grape prices. (A.8104, Magee) (Chapter 490 of the Laws of 2005)
7. Clarifying Farm Wineries Authority to Grow and Sell Grapes
This law adds language to Chapter 83 of the Laws of 2005 to clarify that, while specifically permitting farm
wineries to purchase out-of-state grapes in certain circumstances, those wineries also have the authority to
manufacture and sell wine produced from such grapes.
(A.8851, Rules (Magee)) (Chapter 286 of the Laws of 2005)
8. Promoting Urban "Greenmarkets"
This bill would provide for the planning and development of regionally-based urban greenmarkets.
Such markets would be similar to existing farmers' markets, but would target the need to provide New
York producers with increased market opportunities while assisting with revitalization in cities and urban
areas. This would be accomplished by bringing farm products and crafts into such areas and allowing
for direct sales to consumers. (A.869, McEneny) (Passed Assembly)
B. AGRICULTURAL DISTRICTS (Protecting Farmland)
New York State has approximately 36,000 farms and 7.6 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 significant rate. Preserving farmland remains an important challenge to State government.
Programs proposed by the Assembly Agriculture Committee are directed at ensuring that essential farm
operations are recognized by the state regulatory framework and easing financial burdens on farmers.
1. Encouraging the Development of Local Farmland Protection Plans
This Chapter grants municipal access to state dollars for the development of municipal agricultural and
farmland protection plans to promote continued agricultural use of farmland inside town borders.
(A.4534-C, Magee) (Chapter 527 of the Laws of 2005)
2. Maintaining Viable Farming in Agricultural Districts
This Chapter encourages the maintenance of viable farming by allowing the Commissioner of Agriculture
and Markets to review administrative regulations and procedures proposed by other state agencies that
may have an adverse impact on agriculture and farm operations in New York State. The law provides
that the Commissioner may either voluntarily initiate the review or conduct such a review after a request
from the New York State Advisory Council on Agriculture. (A.5479, Koon) (Chapter 688 of the Laws of 2005)
3. Creating an Inventory of Farms and Farmland for Sale
This bill would assist beginning or expanding farmers by making readily available information regarding farms
and farmland for sale throughout New York State. The bill would require the Department of Agriculture and Markets
to initiate and maintain an inventory of farms and farmland for sale in the state. (A.4798, Magee) (Passed Assembly)
4. Consulting on Land Use Regulations Regarding Agricultural Practices
This bill would authorize the Commissioner of Agriculture and Markets, upon the request of a municipality, farm
owner or operator, to render an opinion to local government officials on land use regulations pertaining to
agricultural practices. (A.5744, Cahill) (Passed Assembly)
C. DAIRY ISSUES
Dairy products are vitally important to the economy of New York State, representing the vast majority of the State's
agricultural industry. New York remains third in the nation for both milk and cheese production and is the top
producer of these commodities in the Northeast. Although cash receipts have improved following a year-long
upswing in milk prices, bottom lines continue to be unstable for many dairy farmers as they recover from a
lengthy period of record-low prices. While milk pricing is primarily established by federal order, the Chairman
recognizes the continued need to help producers diversify, find new markets for their products and ensure
that farmers receive payments in a prompt manner.
1. Notifying Producers Regarding Changes to Milk Marketing Agreements
This bill would require the Commissioner of the Department of Agriculture and Markets to notify milk producers
who are members of certain dairy cooperatives in the event of proposed changes to milk marketing agreements
and/or orders. It would also require that such notification occur not less than thirty days prior to the referendum
date and include the nature of the proposed amendment. (A.7353, Aubertine) (Passed Assembly)
D. FOOD SAFETY
Staffing levels at the Department's Division of Food Safety and Inspection remain a concern for the Assembly
Agriculture Committee. The ratio of food inspectors to food establishments in New York State remains
dangerously low, with approximately 115 inspectors for over 28,000 stores statewide. Yet, budgetary
proposals continue to request the elimination of further positions. The Committee believes that this
does not provide adequate protection to consumers from food-borne disease. Sickness from adulteration,
improper observation of storage and other sanitary concerns pose a serious threat to public health, as does
the industry's vulnerability to terrorism. In response, the Agriculture Committee passed legislation to enhance
the effectiveness of New York's food safety programs. Additionally, the Committee recognized the importance
of implementing sound, enforceable kosher and halal statutes.
1. Establishing a Food Safety Education Program for Retail Food Stores
This Chapter establishes a continuing education program for retail food establishments that hold a state-issued
food processing license. (A.423-A, Pheffer) (Chapter 665 of the Laws of 2005)
2. Providing Consumer Protections for Purchasers of "Halal" Products
This Chapter requires clear and accurate information about food labeled "halal" to be available to consumers
by requiring vendors of food and food products represented as "halal" to make the basis for that representation
available to consumers. (A.5957-A, Benjamin) (Chapter 529 of the Laws of 2005)
3. Ensuring the Safety of Apple Cider
This Chapter requires that manufacturers, processors and sellers of apple cider implement a process to treat
apple cider to consistently produce cider without pathogens. Apple cider sold for the purposes of manufacturing
wine, vinegar and hard cider would be exempt from this requirement.
(A.7410-B, Magee) (Chapter 211 of the Laws of 2005)
4. Ensuring Safe Transportation of Food Products
This bill would ensure maximum safety and quality of food products during transportation in the state by
allowing Department inspectors to examine common carriers transporting food and food products under
conditions that could lead to adulteration. Current law exempts common carriers from this provision. The
measure would ensure that all food and food products are transported under the safest conditions at all
times. (A.338, A. Gunther) (Passed Assembly)
5. Suspending Slaughterhouse Licenses after Three Consecutive Failures
This bill would require the Department to suspend licenses issued to any establishment where animals
or fowls are slaughtered or butchered for food if such establishment fails three consecutive inspections.
The legislation would also require these facilities to conspicuously post the results of their last sanitary
inspection in a manner similar to what the state now requires for retail food stores.
(A. 1280-B, Nolan) (Passed Assembly)
6. Increasing the Frequency of Slaughterhouse Inspections
This bill would require the Department to inspect every slaughterhouse in the State at least once per year
and require each slaughterhouse to post a copy of such inspection. Any slaughterhouse failing three
consecutive inspections would be ordered to cease operating until passing an inspection.
(A.1557, Nolan) (Passed Assembly)
7. Notifying Zoning Boards of New Slaughtering Operations
This bill would require the Commissioner of Agriculture and Markets or his or her authorized agent to notify
municipal zoning boards in the event that a business commences additional slaughtering operations other
than those for which the Department has issued a license. (A.1783, Clark) (Passed Assembly)
8. Enhancing Food Safety Programs
This bill would create a nine-member advisory board within the Department 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 needed changes. (A.3714, Cook) (Passed Assembly)
E. ANIMAL SAFETY AND CONTROL
New York residents care deeply for the health and safety of their pets. Information gathered during statewide
hearings in previous years continued to inform the Assembly Agriculture Committee's pet agenda for 2005.
As the Committee continued its progress toward needed revisions to the Agriculture and Markets' Article
Seven laws governing dog licenses, the Chairman prioritized additional legislation to strengthen animal
rights and encourage responsible pet ownership.
1. "Fingerprintable" Misdemeanor for Animal Cruelty
This Chapter deems animal cruelty a "Class A" misdemeanor, so that for purposes of Criminal Procedure
Law, animal cruelty would be treated as a misdemeanor.
(A.1011-A, Paulin) (Chapter 523 of the Laws of 2005)
2. Requiring Improved Dangerous Dog Notification in Towns and Villages
This law requires that anyone owning a dangerous dog must notify the clerk of the city, town or village in
which they reside, and that a report will be filed for each street address at which a dangerous dog is located.
(A.2608, Tonko) (Chapter 289 of the Laws of 2005)
3. Providing Additional Protections for Dangerous Dog Attacks
This Chapter provides additional protections for the general public from attacks by dangerous dogs, including
an increase in monetary penalties for owners in both cases of first time attacks and those where a dog has
previously bitten a person causing serious physical injury. The Chapter also incorporates similar provisions
for restitution into the penalty provisions covering dangerous dog attacks in the Administrative Code of the
City of New York. (A. 4433-A, R. Diaz) (Chapter 526 of the Laws of 2005)
4. New Dog Licensing Options for Municipalities
This law encourages the licensing of dogs and improves administrative efficiency in the dog control program
by allowing dog owners the flexibility to license their pets at one, two or three-year intervals. The law also
requires that licenses expire with the expiration of required rabies certificates.
(A.6873, Magee) (Chapter 269 of the Laws of 2005)
5. Expanding Animal Population Control Program to Low-Income Pet Owners
This chapter makes low income pet owners in New York State eligible for low-cost spay/neuter vouchers
regardless of where they obtain their pets. The Chapter also provides safeguards against falsification of
information entitling a person to participate in this program.
(A.7644-A, Grannis) (Chapter 534 of the Laws of 2005)
6. Authorizing a Tax Check-Off for the Animal Population Control Fund
This bill would authorize a tax check-off for gifts and contributions to the Animal Population Control Fund,
which provides low cost spaying and neutering services to cat and dog owners. The measure would allow
corporate and individual taxpayers to donate to this fund. (A.3651, Magee) (Passed Assembly)
7. Sanctioning Security for the Care of Abused Animals
This bill would authorize district attorneys to bring a petition to require an owner to post security for the care
of an abused animal on behalf of an impounding organization. It would also clarify that all such petitions may
be filed at or anytime after an arraignment on animal abuse charges.
(A. 5421, Englebright) (Passed Assembly)
F. OTHER LEGISLATION
1. Providing Technical Amendments to the Kosher Law Protection Act
Chapter 151 of the Laws of 2004 strengthened consumer protections against false or misleading representations
of foods sold or offered for sale as "kosher" by requiring vendors to disclose the basis for their representation that
such foods are kosher. The statute was based on recommendations made by a task force convened by Assembly
Speaker Sheldon Silver and Attorney General Eliot Spitzer after federal courts declared New York's existing
system for regulating kosher products unconstitutional. This chapter provides clarifications regarding the kosher
certification process, advertising requirements and store signage.
(A.8903, Silver) (Chapter 543 of the Laws of 2005)
2. Optical Scanning
This bill would authorize the Commissioner of Agriculture and Markets 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 weights and measures provisions. This equipment scans and registers the price 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.162, Lafayette) (Passed Assembly)
3. Creating a Task Force on White Tail Deer
This bill would authorize the establishment of an interagency task force to identify and develop new and
innovative ways to curtail future deer population increases as a way to mitigate further agricultural, horticultural
and motor vehicle damage. The bill would also authorize the task force to identify new ways to encourage deer
hunters to donate venison to charitable organizations that supply food to the poor.
(A.6428, Magee) (Vetoed; memo 13 on 7/12/05)
4. Conforming Commercial Fertilizer to Pollution Standards
This bill would require fertilizer and agricultural liming materials sold in New York State to conform to pollutant
standards set forth for soil conditioning products under the Environmental Conservation Law. The bill would
also prohibit the sale and distribution of products with pollutant levels above those established under such
law. (A.7078, Koon) (Vetoed; memo 14 on 7/12/05)
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