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Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Print number 5929a
- Amend and recommit to investigations and government operations
- Referred to investigations and government operations
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limits disclosures associated with freedom of information requests
In Assembly Committee · Agriculture · Sponsor Addie Jenne
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5929A
Title of bill
An act to amend the agriculture and markets law, in relation to limiting disclosure of certain information
Purpose
The bill will ensure the viability of the New York State Cattle Health Assurance Program (NYSCHAP) by enhancing the ability of the NYS Department of Agriculture and Markets to withhold confidential records otherwise subject to release under the Freedom of Information Law (FOIL).
Summary of provisions
Section I adds a new section 23-a to the agriculture and markets by exempting, from freedom of information law requests, information voluntarily provided by an owner or operator of a farm operation in order to participate in NYSCHAP.
Section II - This act shall take effect immediately.
Justification
Similar to federal confidentiality protections for producer information submitted to USDA programs, this bill establishes protection and statutorily recognizes the confidentiality of voluntarily-provided information by agricultural producers who participate in NYSCHAP. Necessary for the success of USDA programs, an exemption was codified in federal law making all information voluntarily provided by agricultural producers and owners of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself for the purposes of USDA program participation exempt from the federal Freedom of Information Act (FOIA).
Information voluntarily provided by New York produces to participate in NYSCHAP is equally critical to the success of this state program designed to improve animal health, animal well-being and faiui viability. This program also reduces the risk of devastating animal disease outbreaks, provides rapid response and containment when outbreaks do occur, and helps producers optimize the productivity of their livestock. For this program to be successful, the Division of Animal Industry (DAI) must collect data from farm owners concerning their husbandry practices and other information pertaining to the farm's operation. Participation in NYSCHAP is voluntary and owners will not participate if they have concerns that data about their operations will be made available to the public.
NYSCHAP assists dairy and beef producers in implementing best management practices to help ensure profitability, productivity, and animal health as well as food safety, public health, and consumer confidence in the dairy and beef products. The goal of NYSCHAP is to encourage cattle farmers to take a proactive approach in dealing with animal health issues. To meet this goal, herd veterinarians and farmers, in conjunction with Department veterinarians establish herd plans which are reviewed and amended on a yearly basis. As part of
NYSCHAP, livestock farmers submit to milk quality laboratory analyses as well as report on cattle health, best management practices on the farm and other specific business practices. The release of such proprietary information under the Freedom of Information Law would be detrimental to a farmers' business.
The failure to maintain the confidentially of data voluntarily provided to DAI by NYSCHAP participating farms will cause many participants to drop out of the program and will discourage new participants. This bill will ensure such confidentially is maintained.
Legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.