What's happening
This bill expands the definition of "farm operation" to include agricultural custom operators and allows them to seek opinions on local land use regulations.
Why it matters
Broadens the legal protections and benefits available to "farm operations". by recognizing agricultural custom operators—businesses that perform essential tasks (like planting, harvesting, spreading manure, and applying pesticides/fertilizers) for farms—as part of the agricultural sector under state law.
Allows agricultural custom operators to seek official state opinions. on whether local land use rules might unfairly restrict their activities, giving them a voice in local regulatory processes that could impact their ability to work and serve farm clients.
Aims to support the viability and efficiency of modern farms,. which often rely on outside contractors for key services, by ensuring that these contractors are included in legal frameworks designed to protect agricultural practices from burdensome local regulations.
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Headline styles
Define Farm Custom Operators
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.271
- Referred to agriculture
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 62–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.912
- 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 Agricultural Custom Operators
In Assembly Committee · Agriculture · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5437
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sens. METZGER, RITCHIE -- 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 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.
§ 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04799-03-9
S. 5437 2
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.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to agricultural custom operators
Purpose
To define an agricultural custom operator and provide agricultural district protections when an agricultural custom operator is working on lands with an agricultural district.
Summary of provisions
Section 1: Subdivision 11 of section 301 of the agriculture and markets law is amended to include within the definition of "farm operation" the term custom operator. Further custom operator is defined as am operator whose facilities are located in an agricultural district or whose services are hired by a farm operation that is an essential activity of the farm. These relate to the definitions used in the agricultural districts law.
Section 2: Paragraph b of subdivision 305-a of the Agriculture and Markets law is amended to permit the protection of custom operators within an agricultural district.
Section 3: Provides for the effective date.
Existing law
Under the current law, custom operators are not protected within the confines of an agricultural district.
Justification
Farmers often choose to hire an agricultural custom operator to complete routine farming activities on the farm operation. This could include items such as spreading manure, planting or harvesting crops, and baling hay or cutting silage. Agricultural custom operators allow farmers to manage their farm, without having to invest in additional agricultural equipment as well as providing a time saver for completing essential agriculture work. Custom Operators play an essential role in many farm's overall management plans.
Currently, agricultural custom operators are not eligible for agricul- tural district protections. As a result, activities by custom operators are not subject to sound agricultural practice determinations, among other things, by the Department of Agriculture and Markets. Without these protections, agricultural custom operations are open to nuisance lawsuits. This jeopardizes the ability of the custom operator to complete the agricultural practices they have been employed to complete and the farms overall capability to function.
Legislative history
2017-2018 - S3921 Passed Senate 2015-2016 - S5256 Passed Senate
Fiscal implications
This legislation has no fiscal implications.
Effective date
This legislation shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.