What's happening
The bill expands protections and definitions for farm wineries, breweries, distilleries, and cideries engaged in agricultural tourism and related activities.
Why it matters
Expands what counts as a “farm operation”. for farm wineries, breweries, distilleries, and cideries to include hosting events (like weddings, festivals, tastings) and selling food, not just traditional farming or beverage production—potentially increasing revenue streams and community engagement.
Empowers state agencies (including the NYS Liquor Authority and Empire State Development Corporation) to intervene. if local land use rules or permit reviews “unreasonably restrict” these agricultural tourism businesses, giving farms a stronger voice against potentially burdensome local regulations.
Clarifies and broadens the definition of “agricultural tourism”. to explicitly cover the marketing, sale, and production of alcoholic beverages and farm products, supporting a wider range of on-farm activities aimed at attracting and educating the public.
Permits cross-farm crop purchasing within New York. , allowing these businesses to buy crops from each other, which can foster local agricultural networks and help smaller producers diversify or stabilize their operations.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Allow Farm Events and Sales
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1434
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. RITCHIE, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 305-a of the agriculture and markets law is amended by adding a new paragraph d to read as follows:
d. For farm wineries, farm breweries, farm distilleries, and farm cideries in an approved agricultural district whose business includes agricultural tourism as defined in subdivision fifteen of section three hundred one of this article and who were developed and induced with the assistance of the empire state development corporation, the commissioner, in consultation with the New York state liquor authority and empire state development corporation, may make a determination at the request of a farm winery, farm brewery, farm distillery, or farm cidery as to whether marketing activities and other related practices are "unreasonably restricted" by proposed changes in local land use regulations, ordinances, or local laws or reviewing a permit pertaining to agricultural practices. For purposes of this section "farm operation" as defined in subdivision eleven of section three hundred one of this article, shall also include food sales, on-farm wedding receptions, parties, and special events (including, but not limited to, harvest festivals, charitable events, and wine, beer, cider and distilled spirits tastings) at which such farm winery, farm brewery, farm distillery, or farm cidery sells, markets, or offers for sale its crop including, but not limited to wines, beers, cider, or distilled spirits. "Farm operation" shall also include the purchasing of crops between farms located in New York.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04977-01-9
S. 1434 2
§ 2. Subdivision 15 of section 301 of the agriculture and markets law, as amended by chapter 87 of the laws of 2010, is amended to read as follows:
15. "Agricultural tourism" means activities, including the production of maple sap and pure maple products made therefrom, and activities related to the purchasing, selling, marketing, and production of wine, beer, cider, distilled spirits, and other New York state farm products, by farm wineries, farm breweries, farm distilleries, and farm cideries, conducted by a farmer on-farm for the enjoyment and/or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism
Purpose
This legislation provides guidance to the Commissioner of Agriculture and Markets regarding the restriction of farm operations that include wineries, breweries and cideries, in designated agricultural districts
Summary of provisions
Section 1 of the bill amends subdivison 1 of section 305-a of the agri- culture and markets law to create a new paragraph d. It provides guid- ance to the Commissioner when issuing opinions regarding land use deci- sions in agricultural districts. In cases involving farm wineries, breweries, distilleries or cideries whose business includes agricultural tourism, the commissioner may make a determination at the request of the farm, as to whether a local land use law or regulation unreasonably restricts the practices of the farm. For purposes of such a determi- nation, the definition of "farm operation" is expanded to include farm sales, on-farm wedding receptions, parties, and other special events (such as harvest festivals, charitable events or tastings). At such events, the farm operation must offer its farm wines, beers, ciders or distilled spirits products for sale
Section 2 of the bill amends subdivision 15 of section 301 of the agri- culture and markets law, which contains a definition of agricultural tourism. It defines agricultural tourism to include activities related to the purchasing, selling, marketing, and producing wine, beer, cider, distilled spirits and other farm products by farm wineries, breweries, distilleries and cideries.
Section 3 of the bill provides the effective date.
Existing law
Under existing law, municipalities and farms may request an opinion from the Commissioner of Agriculture and Markets concerning whether a local land use law or regulation unreasonably restricts a farm's operations in an agricultural district. In addition, "farm operations" is currently defined to mean activities including the production of maple sap and pure maple products, conducted by a farmer for the on-farm enjoyment and education of the public, which primarily promotes the sale, marketing, production, harvesting or use of the products on the farm.
Justification
Agricultural tourism has become a vital component of small fanners' businesses, particularly as the craft beverage industry has expanded. Laws protecting these farm operations in agricultural districts need to be updated and expanded as well, to reflect these business changes. This bill provides the Department of Agriculture and Markets with guidance to
examine local land use laws that may affect farm operations which include breweries, wineries, and cideries as part of their business.
Legislative history
2018: S.7438 - Passed Senate /A.9838.
Fiscal implications
None.
Effective date
The bill would take effect 90 days after it becomes a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.