2020 New York Laws
AGM - Agriculture and Markets
Article 2 - 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.
  2-f.  Aid  in the promotion, marketing and sale of New York state farm
products used for holiday celebrations and decorations,  including,  but
not  limited  to,  Christmas trees, wreaths, pumpkins, flowers and other
similar products  in  cooperation  with  the  empire  state  development
corporation  by  providing  listings  of  such  growers and suppliers to
vendors selling such products and to  municipalities  that  may  provide

such   information   to  vendors  selling  such  products  on  municipal
sidewalks, lots or streets.
  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.
  5-c.  Cooperate  with  the  commissioner  of  education,  pursuant  to
subdivision fifty-six of section three hundred  five  of  the  education
law,  to  develop  guidelines for the voluntary implementation by school
districts  and  institutions  of  higher  education  of  programs  which
encourage  the donation of excess, unused, edible food from meals served
at such  educational  facilities  to  local  voluntary  food  assistance
programs.
  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.
  49.  Make  available,  in  consultation   with   the   department   of
environmental  conservation  and  institutions  of higher education with
expertise  in  pollinator  protection,  information  concerning  minimum
guidelines  for  vegetation  management  plans  used  by  any person who
intends to develop their property  or  commercial  enterprise,  such  as
solar  electric  generating  systems,  in  a  manner  that is pollinator
friendly or  provides  benefits  and  protection  to  pollinators.  Such
information may include guidelines for short-term and long-term property
management   practices   that  provide  and  maintain  native  perennial
vegetation  to  protect  the  health  and  well-being   of   pollinators
including, but not limited to the percentage of the property that may be
covered   with  native  perennial  vegetation;  the  type,  amount,  and
diversity of native perennial vegetation that may be maintained  on  the

property;  the  number  of  seasons and the minimum number of species of
native perennial vegetation that may be in bloom; maintenance  practices
to  be used; the use of pesticides; the width and composition of buffers
adjacent  to  the  property; and any other guidelines established by the
department.
  50. Develop, in consultation with the commissioner of  the  department
of  health  and  the New York state land grant university, best-practice
recommendations for treatment, prevention and  management  of  livestock
and  farm  property  to  protect  against  Asian  longhorned ticks. Such
recommendations shall be based upon scientific data and  shall  include,
but  not  be limited to, the use of landscape techniques demonstrated to
be safe for livestock, people, pets  and  the  environment,  methods  to
discourage  rodent  activity,  and,  the effective use of pesticides, as
defined  in  subdivision  thirty-five  of   section   33-0101   of   the
environmental  conservation  law,  including  usage  information and any
label warnings or caution statements. The commissioner, in  consultation
with the department of environmental conservation and the New York state
land   grant   university,  shall  develop  and  distribute  to  farmers
information  on  Asian  longhorned  tick  treatment,   management,   and
prevention.  Such  information  and  recommendations  shall also be made
available on the department's website.
  * 51. (a) Establish, in coordination with the commissioner of economic
development, a New York food supply working  group  to  provide  advice,
guidance,   and   recommendations   on   improving  the  resiliency  and
self-reliance of the state's farm and food supply and the related supply
chain logistics to address food shortages, food waste, and the inability
to get New York farm goods to markets that occurred as a result  of  the
Covid-19  pandemic, with the goal of creating permanent solutions beyond
the state of emergency to reflect the  changing  wholesale,  retail  and
consumer marketplace.
  (b)  The  commissioners  shall work with the food supply working group
which shall include, but not be limited to,  representatives,  including
small and family-owned businesses, of:
  (i) farmers;
  (ii)  food  processors  including, but not limited to, dairy, produce,
meat, and beverage processors;
  (iii) retail food businesses including, but  not  limited  to,  retail
food stores and direct farm-to-consumer businesses;
  (iv)  the  food  service  industry  including,  but  not  limited  to,
restaurants and institutional foodservice;
  (v) food wholesalers and distributors;
  (vi)   food   transporters   including,   but    not    limited    to,
direct-to-consumer transporters serving retail food stores, foodservice,
and farmers;
  (vii) labor organizations and workers from the farm and food industry;
  (viii)  emergency  food  providers  including,  but  not  limited  to,
foodbanks;
  (ix) academic experts in  food  production,  marketing,  distribution,
food safety, and consumers;
  (x)   federal   agencies  with  responsibility  for  food  production,
processing, marketing, and safety; and
  (xi) any other representatives  of  agriculture,  the  food  industry,
economic  development,  or any other state agencies the commissioners of
agriculture and markets and of economic development deem necessary.
  (c) The working group shall  convene  on  or  before  May  first,  two
thousand twenty-one, for the purpose of roundtable meetings which may be
held  in  different  regions  of  the  state.  The  agenda  and  meeting
information shall be made available to the public  in  advance  and  all

such  meetings  shall  be  open  to,  or accessible to, the public. Such
meetings may include, among other things, consideration of the following
issues, especially as they relate to state or federal emergencies:
  (i)  the  need  to  strengthen the resiliency and self-reliance of the
state's farm and food supply and  related  supply  chain  logistics,  to
prevent  food shortages and food waste, and to overcome hurdles involved
in getting agricultural products to markets and consumers; and
  (ii) the need for changes  to,  and  development  of,  new  state  and
federal  laws,  rules,  policies,  and  programs to address, and provide
incentives for, the goal of strengthening and improving the  state  food
supply  in  a  manner that benefits New York farms, businesses, workers,
and consumers.
  (d) The working group shall provide a written report of  its  findings
identifying  any  proposed recommendations and guidance to the governor,
the speaker of the assembly, and the temporary president of  the  senate
on  or before December first, two thousand twenty-one, and shall publish
such report on the department's website.
  * NB There are 2 sb 51's
  * 51. Take any measures necessary to prohibit the sale, on the grounds
of the state fair and any other fairs that receive  government  funding,
of  symbols  of hate, as defined in section one hundred forty-six of the
public buildings  law,  or  any  similar  image,  or  tangible  personal
property,  inscribed  with  such an image, unless the image appears in a
book, digital medium, or otherwise serves an educational  or  historical
purpose.
  * NB There are 2 sb 51's