2016 New York Laws
AGM - Agriculture & Markets
Article 2 - (Agriculture & Markets) Department of Agriculture and Markets; Jurisdiction; General Powers and Duties
16 - General powers and duties of department.

 16. General  powers and duties of department. The department through
  the commissioner shall have power to:
1. Execute and carry into effect the laws of the state and  the  rules
  of  the  department, relative to agriculture, horticulture, farm, fruit,
  and  dairy  products,  aquaculture,  and  the  production,   processing,
  transportation, storage, marketing and distributing of food; enforce and
  carry  into  effect  the provisions of the laws of the state relative to
  weights and measures.
2. Aid in the promotion and development of the agricultural  resources
  of  the  state  and the improvement of the conditions of rural life; the
  improvement of the fertility and productiveness of farm  lands  and  the
  restoration   to   fertility   and   productiveness  of  unoccupied  and
  unproductive land; the settlement of farms and the supply of farm labor;
  the  stocking  of  farms  with  meat-producing  and  dairy  animals  and
  promoting   the  production  of  cereals,  fruits  and  vegetables,  and
  co-operate with county farm bureaus, and with agricultural, dairying and
  horticultural associations or corporations and other agencies  organized
  for any or all of such purposes.
2-a.  Aid  in  the  promotion  and  marketing of finfish and shellfish
  derived from commercial fishing or aquacultural activities and cooperate
  with fishing and aquaculture associations or corporations organized  for
  any or all such purposes.
2-b.  Aid  in  the  promotion,  marketing,  and sale of New York state
  labelled wines, grapes  and  grape  products  in  cooperation  with  the
  department of economic development both within and outside the state and
  to   provide  promotion  and  marketing  advisement  to  wineries,  farm
  wineries, micro-wineries, grape and other fruit growers and  processors,
  and related trade organizations located within this state.
2-c.   Aid   in   the  export  promotion  and  marketing  of  eligible
  agricultural products, in cooperation with the  department  of  economic
  development.
2-d. Coordinate with the office of general services and the department
  of  economic development to provide a training program once per year, in
  each economic development region, established in article eleven  of  the
  economic development law, to encourage and increase participation in the
  procurement  process,  pursuant  to  article eleven of the state finance
  law, by small businesses, as defined in section one  hundred  thirty-one
  of  the  economic development law, including farms, selling food or food
  products grown, produced, harvested, or processed in New York state  and
  assist  such businesses in identifying such food or food products, which
  may help to meet state agencies' needs. The departments and  office  may
  also  invite  to the regional training programs representatives of local
  governments, including school  districts,  that  may  be  interested  in
  purchasing New York state food products.
2-e. Develop, and update, guidance and other information to:
(i)  assist  county  legislative  bodies,  agricultural  and  farmland
  protection boards and departments in creating and reviewing agricultural
  districts pursuant  to  sections  three  hundred  three,  three  hundred
  three-a and three hundred three-b of this chapter; and
(ii)  assist  the  commissioner  of  taxation  and  finance to support
  training of assessors and any other local government officials who  have
  responsibility for agricultural assessment and taxation.
3.  Investigate  the  cost of food production and marketing in all its
  phases.
4.  Investigate  the  sources  of  food  supply  for  the  state,  the
  production,  transportation, storage, marketing and distribution of food
  sold, offered for sale, stored or held within the  state,  the  cost  of

  transportation  to the leading centers of population and of distribution
  to consumers.
5. Collect and disseminate accurate data and statistics as to the food
  produced, stored or held within the state, the quantities available from
  time  to  time  and  the location thereof, and so far as practicable and
  available collect such like statistics from without the state, as are of
  value to producers and consumers within the state.
5-a. Establish an information network between  agricultural  producers
  and consumers to facilitate and promote the direct marketing of New York
  farm  products.  The  commissioner  may  publicize such direct marketing
  information network. He may compile information voluntarily provided  by
  farmers  and  growers  who  desire  to  sell  farm  products directly to
  consumers, and distribute such  information,  in  the  manner  he  deems
  appropriate,   to   food  buying  cooperatives,  governmental  agencies,
  community service organizations, the bureau of government-donated  foods
  distribution   in  the  office  of  general  services,  the  cooperative
  extension service, and to any person requesting such information.
5-b. (a) Establish, in cooperation with the commissioner of education,
  a farm-to-school program to facilitate and promote the purchase  of  New
  York  farm  products  by  schools,  universities  and  other educational
  institutions under the jurisdiction of  the  education  department.  The
  department  shall  solicit  information  from  the  education department
  regarding school districts and other educational institutions interested
  in purchasing New York farm products, including but not limited to,  the
  type  and  amount of such products schools wish to purchase and the name
  of the appropriate contact person from the interested  school  district.
  The   department  shall  make  this  information  readily  available  to
  interested New York farmers,  farm  organizations  and  businesses  that
  market  New York farm products. The department shall provide information
  to the education department and interested school  districts  and  other
  educational  institutions  about  the  availability  of  New  York  farm
  products, including  but  not  limited  to,  the  types  and  amount  of
  products,  and  the  names  and  contact  information  of  farmers, farm
  organizations and businesses marketing such products.  The  commissioner
  shall  report  to  the  legislature  on  the  need for changes in law to
  facilitate the purchases of such products  by  schools  and  educational
  institutions.
The  department  shall  also coordinate with the education department,
  and school food service, education,  health  and  nutrition,  farm,  and
  other  interested  organizations in establishing a promotional event, to
  be known as New York Harvest For New York Kids Week,  in  early  October
  each  year, that will promote New York agriculture and foods to children
  through school meal programs and the classroom, at  farms  and  farmers'
  markets and other locations in the community.
(b)  Cooperate  with  the  department  of  health  in implementing the
  childhood obesity prevention program pursuant to title eight of  article
  twenty-five  of  the  public  health  law  and  with the commissioner of
  education to encourage the production and consumption of  fresh  locally
  produced  fruits  and vegetables by elementary and secondary school aged
  children pursuant to paragraph (a) of this subdivision  to  help  combat
  the increasing incidence of childhood obesity.
(c)  Cooperate  with  federal,  other  state and municipal agencies to
  encourage the expansion of community gardens pursuant to  article  two-C
  of  this  chapter  to  help  encourage the production and consumption of
  fresh  locally  produced  fruits  and  vegetables  to  help  combat  the
  increasing incidence of adult and child obesity.
6.   Investigate   and   recommend   useful  methods  of  co-operative
  production, marketing and distribution of foods within the state.

7. Aid in the organization and operation of co-operative  associations
  and  corporations  among  producers  and consumers of farm products, and
  also aid in the organization and operation of co-operative associations,
  corporations or  other  agencies  for  the  purpose  of  increasing  the
  production,  improving the quality, grading or bringing together of farm
  products for wholesale marketing.
7-a. Call conferences of co-operative  associations  of  producers  of
  farm  products  organized  under or subject to the provisions of chapter
  seventy-seven of  the  consolidated  laws  for  discussion  of  cost  of
  production,  transportation  and  marketing,  of  market  conditions and
  prices for sale of farm products to the end that the marketing operating
  operations for such co-operative associations may be  facilitated,  made
  more  efficient  and  the  producers  may  obtain the reasonable cost of
  production, plus cost of compliance with sanitary regulations  affecting
  production  or  marketing.  Such  conferences  shall  be  held under the
  supervision of  the  commissioner.  Neither  such  conferences  nor  any
  agreements  or  arrangements  resulting therefrom, if such agreements or
  arrangements are approved  by  the  commissioner,  shall  be  deemed  or
  construed  to  be  acts,  conspiracies,  agreements  or  arrangements in
  restraint of trade or commerce  or  injurious  to  public  welfare.  The
  powers  hereby  conferred  may  also  be  exercised  in conjunction with
  officials or representatives of the federal government.
8. Co-operate with and aid farmers and other producers  of  food,  and
  distributors   and  consumers  thereof,  in  improving  and  maintaining
  economic and efficient systems of production, storage, distribution  and
  marketing,  and  in  reaching advantageous markets. The commissioner may
  develop, coordinate and conduct programs for advertising, publicity  and
  general  promotion  of  agricultural and food products grown, processed,
  packed  or  otherwise  made  within  the  state.  The  commissioner  may
  establish a voluntary program for the improvement of direct marketing of
  New  York  farm  products at roadside farm markets. The commissioner may
  adopt a word or symbol to identify  roadside  markets  participating  in
  such  program, advertise and publicize the roadside farm market program,
  and provide technical and  promotional  assistance  to  effectuate  said
  program.  The  commissioner  may  charge  fees  for  the  sale or use of
  promotional materials  or  items,  and  any  income  derived  from  such
  programs  shall  be  deposited in a special account of the farm products
  publicity fund established under section one hundred fifty-six-i of this
  chapter. Any expenses incurred in the conduct of such  programs  may  be
  paid out of such account on vouchers approved by the commissioner, after
  audit by the comptroller.
9. Acquire and disseminate accurate information as to market prices of
  food  products,  and  market conditions, in the markets of the state and
  any other markets,  through  use  of  department  market  reporters,  or
  agreements  with organized groups of producers or shippers or dealers in
  farm produce for the joint employment of market  reporters,  or  special
  arrangements  with  existing  market  reporting  agencies,  when  in the
  judgment of the commissioner such information will be  valuable  to  the
  producers or consumers of the state.
10.   Acquire   and   publish   useful   information   to   facilitate
  transportation, to avoid delays therein and upon request advise shippers
  or purchasers as to the most direct and expeditious route of shipment to
  market.
11. Co-operate with the commissioner of transportation with  the  view
  of  obtaining  suitable,  expeditious  and economical facilities for the
  shipment of food, and recommend as to the action to  be  taken  by  such
  commissioner to avoid and prevent unfair discrimination in such shipment

  and unreasonable delay in the transportation thereof, and to obtain fair
  and reasonable rates for such transportation.
12.  Investigate  delays in transportation, and in case food is likely
  to spoil for lack of ready market, take such action as  seems  advisable
  for facilitating the sale thereof.
13.  Investigate  restraints  of trade or unlawful combinations to fix
  prices.
14.  Investigate  as  to  the  needs  of  terminal,  dock  and   other
  distributing  facilities  for  the delivery and distribution of foods at
  the centers of  population,  and  the  establishment  and  operation  of
  co-operative  or  public  abattoirs  for  the  slaughter  of animals and
  poultry for food purposes; and advise and co-operate  with  corporations
  and  municipalities  or  other  agencies to promote their establishment,
  construction or acquisition for the public use and make  recommendations
  as to the conduct thereof.
15.   Advise   and  co-operate  in  establishing  local  markets,  and
  warehouses for assembling, grading, packing and  storing  food  or  farm
  products,  whenever  in  the  judgment  of  the  commissioner the public
  interests require such establishment.
16. Co-operate with  producers  in  the  conduct  of  experiments  and
  disseminate  information  as to producing, assembling, grading, packing,
  distributing and selling farm products, so as  to  demonstrate  economic
  and  efficient  methods,  and to standardize the grades of such products
  and determine the cost of such production, assembling, grading, packing,
  distribution and sale.
17. Investigate plans to be established by  law  for  the  purpose  of
  securing  an  ample supply of pure milk in centers of population upon an
  economic basis of distribution and to aid in the accomplishment of  such
  purpose within the provisions of existing law.
18.  Ascertain  the  names  and addresses of producers, manufacturers,
  importers, exporters and potential exporters and distributors  of  food,
  the  kind  of  food  produced, manufactured, imported, exported or to be
  exported or distributed  by  such  persons,  and  to  publish  the  same
  whenever  in  the  judgment of the commissioner public interests require
  or, upon request, when in the public  interest,  supply  lists  of  such
  persons.
19.  Make  such recommendations as in the judgment of the commissioner
  will stimulate and increase the production or distribution  or  sale  of
  food and co-operate with public or private agencies for that purpose.
20. Act as mediator or arbitrator in any controversy or issue that may
  arise between producers and distributors of food.
21.  Investigate,  when  deemed  advisable, the conduct and methods of
  exchanges and boards of trade within the state for the purchase and sale
  of food.
22. Collect and publish data  concerning  the  purity,  wholesomeness,
  economic  value  and  the  nutritious  and  hygienic  properties of food
  produced, sold or available for sale within  the  state,  and  for  such
  purpose to take, examine and analyze samples of such food.
23.  Investigate  deceptions  in the quality, quantity or character of
  foods produced, stored, sold or  offered  for  sale  within  the  state,
  including the adulteration and misbranding thereof.
24.  Co-operate with local health departments and other local agencies
  in preventing the production, manufacture, sale or offering for sale  of
  fraudulent,  deleterious  or  unwholesome  food.  The  commissioner  may
  contract with any such local health department or other local agency for
  the performance of inspections with respect to any food or other product
  over which he has jurisdiction, powers and duties under  the  provisions
  of this chapter.

25.  Inspect  and determine the grade or condition of farm products at
  shipping points and receiving centers, and provide for the  issuance  of
  certificates   of   such   inspections   and   enter  into  co-operative
  arrangements  with  state  and  federal  marketing  agencies  for  joint
  inspections.  The  commissioner shall require and receive the payment of
  fees for such inspection services in amounts not exceeding the estimated
  cost of  the  services.  The  commissioner  shall  remit  to  the  state
  treasurer such fees received monthly.
25-a.  Inspect  and determine the grade or condition of farm products,
  issue certificates of  such  inspections  and  provide  quality  control
  services  for  growers, canners, processors, packers, shippers, sellers,
  buyers, retailers  and  receivers  upon  request  therefor;  enter  into
  cooperative  arrangements with state and federal agencies, or persons or
  organizations authorized by a federal agency to  conduct  farm  products
  inspections, for joint inspections; enter into contracts with applicants
  for such inspections and services, which contracts shall require payment
  by  applicants  of  the  full costs of the services provided. All moneys
  received by  the  commissioner  pursuant  to  such  contracts  shall  be
  deposited  in  an  account within the miscellaneous special revenue fund
  and shall be used to defray the expenses incidental to carrying out  the
  powers  and duties authorized by this subdivision. The state's financial
  contribution to the pest control compact adopted pursuant to section one
  hundred forty-nine of this chapter may be paid out  of  the  portion  of
  said  moneys received by the commissioner for phytosanitary inspections.
  All moneys shall be paid out of such fund on vouchers  approved  by  the
  commissioner,  after audit by the comptroller. Nothing contained in this
  subdivision shall apply to fees received for inspections performed under
  subdivision twenty-five of this section.
25-b. Require and receive the payment of a fee of  fifty  dollars  for
  the  issuance  of  certificates  of  compliance  with  the  food related
  provisions of this chapter  and  the  regulations  promulgated  pursuant
  thereto.    Notwithstanding  any other provision of law to the contrary,
  the commissioner is hereby authorized and directed to deposit all  money
  received   pursuant  to  this  subdivision  in  an  account  within  the
  miscellaneous special revenue fund.
25-c. The commissioner  may  enter  into  a  contract  or  cooperative
  agreement  under which laboratory services of the department may be made
  available to federal, state, local, and educational  entities  when,  in
  the  commissioner's  judgment,  such  contract  or cooperative agreement
  shall be in the public interest  and  shall  not  adversely  affect  the
  department's   obligations   under   this  chapter.  Such  contracts  or
  cooperative  agreements  shall  require  payment  by   contractors   and
  cooperators  of,  at a minimum, the full costs of the services provided.
  All moneys received by the commissioner pursuant to such  contracts  and
  agreements  shall  be  deposited  in an account within the miscellaneous
  special revenue fund and shall be used to defray the expenses incidental
  to carrying out the services authorized by this subdivision.
25-d. The commissioner  may  enter  into  a  contract  or  cooperative
  agreement  under  which services relating to food safety and inspection,
  animal health, invasive species control, the collection of  samples  for
  research  studies  and  similar  services  relating  to  the  duties and
  responsibilities of the department may  be  made  available  to  federal
  entities,  educational  entities located outside of the state, and state
  and local governmental entities located outside of the state,  when,  in
  the  commissioner's  judgment,  such  contract  or cooperative agreement
  shall be in the public interest  and  shall  not  adversely  affect  the
  department's   obligations   under   this  chapter.  Such  contracts  or
  cooperative  agreements  shall  require  payment  by   contractors   and

  cooperators  of,  at a minimum, the full costs of the services provided.
  All moneys received by the commissioner pursuant to such  contracts  and
  agreements  shall  be  deposited  in an account within the miscellaneous
  special revenue fund and shall be used to defray the expenses incidental
  to carrying out the services authorized by this subdivision.
26.  Investigate  and take action to prevent illegal acts or practices
  in the sale or distribution of food or of fertilizers,  feeding  stuffs,
  materials,  apparatus  and  machinery or other instrumentalities used or
  needed for the production, marketing and distribution of food.
27. Seize, destroy or denature so that it cannot  thereafter  be  used
  for food, any unwholesome food or food products sold or exposed for sale
  on the markets of this state, or any food or food products consisting in
  whole or in part of any filthy, decomposed or putrid animal or vegetable
  substance,  or  any  portion  of  an  animal  unfit  for  food,  whether
  manufactured or not, or if it is the product of a diseased animal or one
  that has died otherwise than by slaughter. Provided, however,  that  the
  commissioner  of  agriculture  and markets after seizure and before such
  destruction, shall give the owner, proprietor or custodian of such  food
  ten  days  notice in writing, to be served either personally or by mail,
  of a hearing for the said owner, proprietor or custodian to  show  cause
  why  such food should not be destroyed in accordance with the provisions
  of the statute.
28. Provide for holding a state fair to be known as the New York state
  fair and, for the purpose of seeking  advice  and  counsel  in  relation
  thereto,  consult with the state fair advisory board. The advisory board
  shall consist of eleven members appointed by the governor, including one
  member on the recommendation of the temporary president of  the  senate;
  one  member  on  the  recommendation of the speaker of the assembly; one
  member on the recommendation of the minority leader of the  senate;  and
  one member on the recommendation of the minority leader of the assembly.
  The  governor  shall  select  a member of the advisory board to serve as
  chairperson. The  members  of  the  advisory  board  shall  not  receive
  compensation  for  their  services,  but  may  be  paid their actual and
  necessary expenses incurred in serving upon the advisory board.
29. All the functions of the former department of farms  and  markets,
  of   the  former  council  of  farms  and  markets  and  of  the  former
  commissioner of farms and markets and all their powers and duties, which
  were transferred to the department of agriculture and markets by section
  two hundred and seventy-two of the state departments law or  shall  have
  been  prescribed  by  law  when this subdivision as hereby enacted takes
  effect, whether in terms vested in such department, in such  council  or
  in  such  commissioner or in a committee, member or officer thereof, and
  all the functions of the former council of agriculture and  markets  and
  the  commissioner  of  agriculture  and markets and all their powers and
  duties which shall have been prescribed by law when this subdivision, as
  hereby amended, takes effect, whether in terms vested in such council or
  in such commissioner or in a committee, member or officer thereof, shall
  continue to be vested in the department of agriculture and  markets  and
  shall  continue  to be exercised and performed therein by or through the
  commissioner of agriculture and markets  or  the  appropriate  division,
  bureau,  board  or  officer thereof as prescribed by or pursuant to law,
  together with such functions, powers and  duties  as  hereafter  may  be
  conferred  or imposed upon such department by law. All the provisions of
  this chapter shall apply to the department of  agriculture  and  markets
  continued  by  this chapter as hereby amended and to the commissioner of
  agriculture and markets and to the divisions, bureaus  and  officers  of
  such  department, in so far as such provisions are not inconsistent with
  this subdivision.

30. Investigate, inspect and supervise the sale and exposure for  sale
  of meat and meat preparations and enforce the provisions of sections two
  hundred  one-a,  two hundred one-b and two hundred one-c of this chapter
  relating thereto, designate an employee of the department  as  "director
  of  kosher  law  enforcement"  and  to  make  such rules and regulations
  imposing such additional requirements and restrictions  upon  such  sale
  and  exposure  for sale as may be deemed necessary in connection with or
  in aid of the proper administration and enforcement of  such  provisions
  and of any other applicable laws.
30-a.  Whenever  under  this  chapter  a  person may elect to petition
  therefor, the commissioner may in his discretion establish inspection of
  petitioner's meat by-products or meat food products, and shall determine
  the actual cost of inspection thereof  and  shall  require  and  receive
  quarterly  the  pre-payment  of  fees  for  such  inspection services in
  amounts not exceeding the actual cost. The commissioner shall  establish
  in  the  name  of  such  petitioner  an inspection fund to maintain such
  inspection services and any unexpended funds which may remain  over  and
  above  the amount needed for such inspection or service shall be paid to
  the petitioner at the close of each fiscal year.
31. Adopt, promulgate and make effective plans, rules and orders  with
  respect  to  the furnishing of care for children under fourteen years of
  age, including children temporarily within the state,  whose  parent  or
  parents  are  seasonally or temporarily employed by canners, growers and
  processors of foods and foodstuffs, and to expend or allocate moneys for
  such purposes out of moneys appropriated to the department on such terms
  and conditions as he may deem proper provided that he finds such  action
  is  necessary  in  order  to  maintain an adequate supply of labor or to
  avoid waste in the growing,  harvesting  and  processing  of  food.  The
  commissioner  is  authorized  to  enter  into  contracts approved by the
  attorney-general, the state comptroller and the director of  the  budget
  with  non-profit  membership  corporations  providing  such  care.  Such
  contracts shall specify the terms and standards of operation  and  shall
  limit the total financial responsibility of the state to a specified sum
  which shall not exceed the amount appropriated for such purpose.
32.  Receive  and  disburse federal moneys allotted to the state by or
  pursuant to the federal agricultural marketing act of  nineteen  hundred
  forty-six   as  amended,  or  any  other  act  of  the  congress  making
  appropriation for the allocation among  the  states  for  research  into
  basic  laws  and  principles  relating to agriculture and to improve and
  facilitate the marketing and distribution of agricultural products,  and
  for  any other purpose relating to agriculture or marketing agricultural
  products; on behalf of the state, to adopt, execute and administer plans
  and to put into effect such measures as may be  necessary  for  research
  into  basic  laws  and principles relating to agriculture and to improve
  and facilitate the marketing and distribution of agricultural  products;
  on  behalf of the state, to make and execute such contracts, agreements,
  covenants or conditions, not inconsistent with law, as may be  necessary
  or  required by any duly constituted agency of the federal government as
  a condition precedent to receiving such funds or in connection with such
  research; to cooperate with all federal, state or local authorities,  or
  other  agencies, authorized under such acts of congress to carry out the
  purposes thereof; to adopt and from time to time to amend such rules and
  regulations and to prescribe such conditions, not inconsistent with law,
  as may be necessary to make available to the people  of  the  state  the
  benefits  afforded  by  such  acts  of  congress; and to enforce all the
  provisions of this subdivision and the rules  adopted  pursuant  hereto.
  The department of taxation and finance is designated as custodian of all
  federal-aid  funds  allotted  to  the  state  for  the  purposes of this

  subdivision by the United States and such funds shall be payable only on
  the  audit  and  warrant  of  the  comptroller  on  certificate  of  the
  commissioner as provided in section one hundred ten of the state finance
  law.
33.  Require  each  applicant for a license, permit or registration or
  renewal thereof authorized to be issued by the  commissioner  under  the
  provisions  of  this  chapter  to  satisfy  the  commissioner  that such
  applicant is or will be in compliance with all ordinances or local  laws
  of  the  county,  city,  town  and  village  in  which  such business or
  occupation  will  be  conducted  bearing  thereon.  The   commissioner's
  approval  of  an application shall not, however, be construed in any way
  as certifying that such ordinances or  local  laws  have  been  complied
  with.
34.  Contract with Cornell university or the New York state veterinary
  college at Cornell for the  planning,  design  and  construction  of  an
  animal  disease diagnostic laboratory at the state veterinary college at
  Cornell university.
35. Investigate, inspect, and supervise all sanitary aspects  relative
  to  the  production,  processing, sale and distribution of milk and milk
  products.
36. Require that a  written  instrument  submitted  pursuant  to  this
  chapter  or a rule or regulation adopted pursuant thereto contain a form
  notice to the effect that false statements made therein  are  punishable
  pursuant  to  section 210.45 of the penal law or, where the commissioner
  deems necessary, require that any such instrument  be  subscribed  under
  oath.
37. Provide for the operation of the state soil and water conservation
  committee pursuant to the soil and water conservation districts law.
38.  Establish  and  maintain  a  statewide  registry  of  brands  for
  livestock owners to voluntarily register the brand  they  use  to  brand
  their livestock.
39.  (a) Establish a program in the state for the planning, design and
  implementation of integrated pest management. Under such a  program  the
  department  may  contract  with Cornell university or the New York state
  college of agriculture and life  sciences  at  Cornell  university,  and
  shall  encourage  such contractor to seek federal and private sources of
  funds for such program.  The  department  shall  submit  a  quinquennial
  report  of  such integrated pest management program to the governor, the
  senate finance committee and the assembly ways and means committee on or
  before January first, two thousand seven and on or before January  first
  of  each  fifth  year  thereafter. Such report shall include, but not be
  limited to:
i. an identification  of  all  revenue  sources,  including  non-state
  funds,   and   an   identification  of  expenditures  made  within  each
  agricultural production area, as described in  article  eleven  of  this
  chapter;
ii. an evaluation and description of the status of implementation with
  each agricultural production area and the achievements of each objective
  outlined in such article eleven made in the previous five years; and
iii.  the  overall  status of the program and multi-year timetable for
  the future implementation of the program.
(b) Between report  due  dates,  the  department  shall  maintain  the
  necessary  records  and  data to satisfy such report requirements and to
  satisfy information requests received  from  the  governor,  the  senate
  finance  committee  and  the  assembly ways and means committee, between
  such report due dates.
40. Establish and administer, together with the state soil  and  water
  conservation   committee   and  the  Cornell  cooperative  extension,  a

  voluntary program to encourage agricultural environmental  planning  and
  implementation.  The  program  shall promote farming practices which are
  compatible with state water quality and other environmental  objectives,
  and  may  include  training  and certification of agricultural planners;
  educational outreach  to  producers  of  farm  products;  technical  and
  financial  assistance  to  farm operators; consultation and coordination
  with federal, state and local  agencies;  and  periodic  evaluation  and
  assessment of program effectiveness.
41.  (a)  Establish and maintain New York state domestic animal health
  assurance programs, voluntary, on-farm,  integrated  disease  prevention
  programs,  directed  at improving animal health and promoting a safe and
  wholesome food supply. Such programs may include but are not limited  to
  the  New York state cattle and horse health assurance programs. To carry
  out such programs, the department may contract with public, private  and
  academic  entities and shall encourage such entities to seek federal and
  private sources of funds for such programs.
(b) Any proprietary farm protocol, animal or herd testing  information
  and/or  producer  herd  data  maintained  in  confidence and voluntarily
  provided by an owner or operator of  a  farm  operation  as  defined  in
  section  three hundred one of this chapter to participate in a voluntary
  cattle health program established pursuant to this subdivision shall  be
  exempt from public disclosure. The submission of any such information or
  records by the owner or operator of a farm operation does not constitute
  a  waiver  of  any  applicable  privilege or protection under federal or
  state law.
(c) The exemption described in paragraph (b) of this subdivision shall
  not apply to: (1) information collected or created as part of a federal,
  state, or local health agency investigation or official action taken  in
  connection  with  a  public  health  risk;  and  (2) records that do not
  identify and cannot be used to discern the identity of any participating
  farm.
42. (a) For purposes of making timely  determinations  and  consulting
  with  the chairman of the state liquor authority pursuant to subdivision
  five of section seventy-six-a of the  alcoholic  beverage  control  law,
  investigate  and compile information relative to natural disasters, acts
  of God, or continued adverse weather conditions which shall  affect  the
  crop of grapes or other fruit products used in the production of wine.
(b)  For  purposes of making timely determinations and consulting with
  the chairman of the  state  liquor  authority  pursuant  to  subdivision
  eleven  of  section  fifty-one-a  of the alcoholic beverage control law,
  investigate and compile information relative to natural disasters,  acts
  of  God,  or continued adverse weather conditions which shall affect the
  necessary ingredients for brewing beer.
(c) For purposes of making timely determinations and  consulting  with
  the  chairman  of  the  state  liquor  authority pursuant to subdivision
  twelve  of  section  fifty-one-a  and  subdivision  eleven  of   section
  fifty-eight-c  of  the  alcoholic  beverage control law, investigate and
  compile information relative to  natural  disasters,  acts  of  God,  or
  continued  adverse  weather  conditions  which  shall affect the crop of
  apples used in the production of cider.
43. Cooperate with the department of  environmental  conservation  and
  the   environmental  facilities  corporation  to  establish  methods  to
  facilitate loans to New York state's agricultural community, to  develop
  educational materials for farmers about the low-interest loans available
  through  the  water  pollution  control  linked  deposit program, and to
  develop an application form to be provided to lenders for linked deposit
  loan requests. The  department  may  promulgate  rules  and  regulations
  necessary and reasonable for the operation of the program.

44.  Encourage and support the practice of forestry and manufacture of
  wood products in the state, in  coordination  with  the  departments  of
  environmental conservation and economic development; and provide for the
  operation  of  the  wood  products development council as established in
  section two hundred twenty-five of this chapter.
45.   When  considering  plans,  policies,  regulations  and  programs
  pursuant to article fourteen of this  chapter,  the  commissioner  shall
  take  into  consideration the impact on the horticulture and other plant
  based industries in the state of New York, including but not limited  to
  greenhouse, nursery, and fruit and vegetable production.
46.  Within  the  amount  of  monies  appropriated  or  otherwise made
  available therefor, establish, administer and operate,  or  provide  for
  the  administration  and  operation  of,  a  program,  which may include
  establishment of a revolving loan fund, to assist  in  the  development,
  implementation and operation of agricultural programs.
47.  Evaluate,  in  conjunction  with  the state office for the aging,
  programs and services offered by the  department  to  ensure  that  they
  support   the  needs  of  farmers,  and  other  individuals  engaged  in
  agriculture, and the production, processing, marketing and  distributing
  of  food,  who  are  also  seniors, which shall mean an individual sixty
  years of age or older.
48. Make available in written  and  electronic  medium,  in  a  manner
  readily   accessible  to  police  agencies  and  officers  and  district
  attorneys, information about animal cruelty and protection laws in  this
  chapter,  including,  but  not  limited  to,  article twenty-six of this
  chapter. The development of such information shall be  coordinated  with
  the  division  of  criminal  justice  services,  including the municipal
  police training council, in a manner designed  to  enhance  training  of
  municipal  police  officers  and  to  assist  such officers and district
  attorneys in enforcing and applying such laws.