What's happening
This bill adds "retail farm operations" to the definition of "farm operation" and clarifies their inclusion in sound agricultural practices.
Why it matters
Expanding the definition of "farm operation" to include "retail farm operations" formally recognizes on-farm retail activities (such as farm stands or seasonal markets) as an integral part of agricultural businesses. , potentially increasing legal protections, access to agricultural programs, and zoning accommodations for these enterprises.
The new definition requires that a majority (over 50%) of the gross annual income for a "retail farm operation" come from farm and food products. (like fresh or processed produce, dairy, meat, nursery products, etc.), ensuring that the benefits and protections of this status go primarily to genuine agricultural producers and not general retailers using a farm label.
By clarifying that operating and maintaining a "retail farm operation" is a “sound agricultural practice,” the bill could give farmers greater legal standing in disputes (such as nuisance complaints or local regulatory challenges). , helping to protect and encourage diversified farm income streams, like direct-to-consumer sales, which are vital for many small and mid-sized farms.
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Who cares
Headline styles
Define Retail Farm Operations
Plain English, a few words. Used as the page title.
Sponsors
4 Multi-sponsors
History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4630
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. MAGEE, THIELE, GUNTHER, SKARTADOS, FITZPATRICK, DiPIETRO -- Multi-Sponsored by -- M. of A. ABBATE, CROUCH, LIFTON, LOPEZ, PALMESANO -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to retail farm operations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 11 of section 301 of the agriculture and markets law, as amended by chapter 35 of the laws of 2016, is amended and a new subdivision 19 is added to read as follows:
11. "Farm operation" means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section, "compost, mulch or other biomass crops" as defined in subdivision seventeen of this section [and], "commercial equine operation" as defined in subdivision eighteen of this section and a "retail farm operation" as defined in subdivision nineteen of this section. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
19. "Retail farm operation" means a seasonal or annual enterprise with either permanent or nonpermanent structures that are operated for the purposes of selling predominantly farm and food products in conjunction with or in support of land used in agricultural production as defined in subdivision four of this section. Such portion of the farm and food products shall exceed fifty percent of the gross annual income of such retail farm operation. For purposes of this subdivision, farm and food products shall mean any agricultural, horticultural, forest or other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08823-01-7
A. 4630 2
product of the soil or water, including but not limited to fresh or processed fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, apple cider, fruit juice, wine, ornamental plants, nursery products, flowers and Christmas trees.
§ 2. Paragraph b of subdivision 1 of section 308 of the agriculture and markets law, as amended by chapter 497 of the laws of 2011, is amended to read as follows:
b. Sound agricultural practices refer to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of activities which entail practices the commissioner may consider include, but are not limited to, operation of farm equipment; proper use of agricultural chemicals and other crop protection methods; [direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on-farm] operation and maintenance of a "retail farm operation", as defined in subdivision nineteen of section three hundred one of this article; agricultural tourism; "timber operation," as defined in subdivision fourteen of section three hundred one of this article and construction and use of farm structures. The commissioner shall consult appropriate state agencies and any guidelines recommended by the advisory council on agriculture. The commissioner may consult as appropriate, the New York state college of agriculture and life sciences and the U.S.D.A. natural resources conservation service, and provide such information, after the issuance of a formal opinion, to the municipality in which the agricultural practice being evaluated is located. The commissioner shall also consider whether the agricultural practices are conducted by a farm owner or operator as part of his or her participation in the AEM program as set forth in article eleven-A of this chapter. Such practices shall be evaluated on a case-by-case basis.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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