What's happening
This bill adds "agricultural custom operators" to the law, defining their role and extending certain protections and recognition to them.
Why it matters
Expands legal recognition. to “agricultural custom operators,” explicitly including them alongside traditional farm operators in key sections of New York agricultural law. This acknowledges the important role of contractors who perform specialized farm tasks.
Defines the role and scope. of agricultural custom operators, clarifying that their work—such as planting, harvesting, manure spreading, and pesticide/fertilizer application—is considered essential to farm operations. This may impact how these activities are regulated and supported.
Extends certain legal protections and resources. previously reserved for farm owners and operators to custom operators, such as the ability to request state intervention if local regulations threaten their ability to operate. This could help custom operators challenge or avoid burdensome local laws.
May encourage more efficient and specialized farming practices. by formally recognizing the legitimacy and necessity of hiring custom operators, potentially supporting the economic viability of both farms and service providers in New York’s agricultural sector.
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Define Agricultural Custom Operators
Plain English, a few words. Used as the page title.
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History
- Referred to agriculture
- Referred to agriculture
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.
Define Farm Custom Operators
In Assembly Committee · Agriculture · Sponsor Jen Metzger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6668
2019-2020 Regular Sessions
IN ASSEMBLY
March 14, 2019
Introduced by M. of A. LUPARDO -- Multi-Sponsored by -- M. of A. BUTTENSCHON, CROUCH, HAWLEY, JONES, B. MILLER, MOSLEY, RIVERA, STIRPE, WILLIAMS -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to agricultural custom operators
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 an "agricultural custom operator" 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. "Agricultural custom operator" means an operator whose facilities are located in an agricultural district or whose services are hired by a farm operation that is located within an agricultural district to undertake an activity on the farm operation that is an essential activity of the farm operation. An agricultural custom operator's functions shall include, but not be limited to, the following: planting or harvesting crops, spreading manure, and applying pesticides or fertilizers.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04799-03-9
A. 6668 2
§ 2. Paragraph b of subdivision 1 of section 305-a of the agriculture and markets law, as added by chapter 497 of the laws of 2011, is amended to read as follows:
b. Upon the request of any municipality, farm owner or operator, or agricultural custom operator, the commissioner shall render an opinion to the appropriate local government officials, as to whether farm operations would be unreasonably restricted or regulated by proposed changes in local land use regulations, ordinances or local laws pertaining to agricultural practices and to the appropriate local land use enforcement officials administering local land use regulations, ordinances, or local laws or reviewing a permit pertaining to agricultural practices.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.