Planting Seeds

Growing the Future of New York Farming

2015 ANNUAL REPORT

SENATE COMMITTEE ON AGRICULTURE
Senator Patty Ritchie | Chair, Senate Agriculture Committee

Across New York State, 35,000 family farmers are growing and producing more than ever. With record-setting sales
exceeding $6.4 billion a year, and a workforce of over 100,000, agriculture is without doubt New Yorks most
important industry.
Thats why the State Senate has made support for farmers among our top priorities, and the Senates Agriculture
Committee has been leading the way to support and strengthen family farming in New York.
In 2015, in addition to achieving a new record for state budget funding for agriculture, farmers reaped $11 million in
savings from our new farmland assessment cap, and beginning farmers benefitted from the first-ever grants under the
Senates Young Farmers initiative to preserve farming for future generations.
The Senate also made strides in connecting farmers and consumers, by promoting farmers markets, increasing farm
sales to schools and government facilities, and taking steps to create new food hubs to ease the transfer of Upstate
farm products to busy markets in New York City and across the state.
The Senate Agriculture Committee will continue to work just as hard as our farmers in 2016 to strengthen and protect
the future of agricultureour most important industry.

Senator Patty Ritchie

Chair, Senate Agriculture Committee

Planting Seeds: 2015 Senate Agriculture Committee Annual Report

2015

2015 SENATE AGRICULTURE COMMITTEE

Senator
Patty Ritchie
Chair

Senator
Marc Panepinto,
Ranking Member

Senator
Thomas F. OMara

Senator
Leroy Comrie

Senator
Michael H. Ranzenhofer

Senator
Jose Serrano

Senator
Rich Funke

Senator
Jesse Hamilton

Senator
James L. Seward

Senator
Patrick M. Gallivan

Senator
David J. Valesky

Senator
Velmanette Montgomery

Senator
Catharine Young

Eleven members of the Senate Agriculture Committee were recognized as

members of the New York Farm Bureau 2015 Circle of Friends.
COMMITTEE STAFF
Theodore T. Kusnierz
Committee Director

Patricia McMurray
Committee Clerk

Sheila OSullivan
Counsel

Stephanie Bub
Legislative Analyst

Planting Seeds: 2015 Senate Agriculture Committee Annual Report

2015

NEW YORK AGRICULTURE:

Our Leading Industry
A Top Senate Priority
GROWING STRONGER EVERY DAY
Stronger farms mean a stronger future, and the State Senates
Majority has recognized the importance of agriculture to New
Yorks economy by being the leading champion for family farmers.
Highlights of the 2015 Session included:
state budget funding for agriculture programs,
3 Record
including new and restored funding for ag educators
-marketing and promotion of NY-grown products
-support for critical research in animal and plant health
-investments in farmer health and safety

Newly elected Senate Majority

Leader John Flanagan reaffirmed the
Senates commitment to agriculture
by touring Jefferson Countys
Garden of Eden farm.

of the Senates Young Farmers initiative to

3 Expansion
provide assistance to more beginning farmers, including a new
farmer grant program to help farmers dig into agriculture
of the first year of the new land assessment cap,
3 Success
resulting in $11 million in savings to farmers
new focus on ways to connect growers and consumers,
3 Aincluding
funding for new Upstate food hubs and a first-ever
expansion of the Senior Farmers Market Nutrition Program

NYs Largest Private Employers

Family Farmers: 100,000+
North Shore-LIJ Health
37,000
Walmart 28,000
JP Morgan Chase
27,000
Wegmans 27,000
Verizon 27,000
Sources: USDA, Center for Government Research

Majority Leader Flanagan learns

the business end of dairy farming
during his agriculture tour.

Planting Seeds: 2015 Senate Agriculture Committee Annual Report

2015

FROM FARM-TO-PLATE:
Connecting Families To NY Farmers

Food hub planning to connect

farmers and consumers.
A highlight of the Senate Agriculture Committees 2015 agenda was
adoption of several initiatives designed to capitalize on the growing
interest in eating locally produced foods. The Senates Grown in
NY plan aims at promoting connections between local farms and
consumers, and to grow markets for New York-grown products.
SENIOR FARMERS MARKET NUTRITION PROGRAM
The State Budget included a first-ever expansion of a USDA-led
program that provides fixed income seniors with special coupons
that can be redeemed for free, locally grown foods from hundreds
of farmers markets across the state. Thanks to Senate action, 20,000
more seniors were eligible for the program, which is administered
through area Offices for the Aging.

Senator Ritchie and NY Farm

Bureau President Dean Norton

FOOD HUBS
The Senate included funding in the State Budget to help connect more
Upstate farmers with hungry downstate consumers through the creation
of food hubs that will seek to overcome the obstacle of transporting
fresh foods from rural area to the nations largest consumer markets in
New York City and other cities around the state. Stakeholder meetings
were organized in Northern New York as the first region to launch the
initiative.
FARM TO SCHOOL
Seeking to capitalize on the buying power of state and local
governments, and to improve nutrition for school-aged children
by encouraging the use of fresh, local foods, the final State Budget
included $250,000 to bring more New York-grown farm products
into schools across the state. In December, the Governor announced
Farm-to-School grants to six school districts across the state.

Planting Seeds: 2015 Senate Agriculture Committee Annual Report

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RECORD FUNDING FOR AGRICULTURE

Under Senator Ritchies leadership, the 2015-16 State Budget

included record funding for important agricultural programs for
marketing and promotion, research, education, health and safety,
and the Senates own Young Farmers initiatives. These programs
help strengthen farmers bottom lines by lowering on-farm costs
and help protect the future of family farming.
State Budget Funding for Agriculture
(millions)

2015 Dairy Princess at the Capital

Budget Year:
Source: Senate Finance Committee

CUTTING TAXES TO STRENGTHEN

FARMERS BOTTOM LINES
2% ASSESSMENT CAP

Berry growers meet with

members of the Agriculture
Committee

2015 marked the first year that a new 2% cap on agricultural

land assessments was in effect and, according to the Department
of Agriculture and Markets, resulted in savings of $11 million in
property taxes for New York farmers. The demand for new
development spreading into rural communities has created upward
pressure not just on land prices, but also on the value of land
thats still in active farm production. Farmland assessments in New
York nearly doubled in the seven years before the law took effect.
Now, the cap limits year-over-year increases in land values to just
2 percent, providing farmers with stability and predictability, and
protecting the future of family farms by helping to ensure that more
farmland stays in production.

LOWER FEES ON FARM REGISTRATIONS

A new law slashes the cost of registering farm trailers in half, saving farmers even more money. The Senate Agriculture Committee
will continue to make cutting red tape and fees a priority.

Planting Seeds: 2015 Senate Agriculture Committee Annual Report

2015

PRESERVING THE TRADITION

New budget funding in 2015 helped secure the future of 72 family

farms across the state through FarmNets Business and Succession
Planning program. Successful farm businesses, built over a lifetime
of hard work, will be passed to a new generation of family farmers. Funding for the program was provided as part of the Senates
Young Farmers initiative.
Senator Ritchie and future
ag educators

PROTECTING FARMINGS FUTURE

The increasing age of farmers, and reduced
numbers of young people seeking to follow
in their footsteps, has raised concerns in
states all across the country. According to the
USDA, the average age of New York farmers
has increased to 57.1, and farmers older than
55 number twice as many as those under 35.
To face the issue of aging farmers, the Senate
Majority unveiled its Young Farmers initiative in 2014, including a
series of steps to entice young people to pursue farming careers
and preserve the future of family farming.
In 2015, more than 100 farmers applied for New Farmer grants
created under the Young Farmer initiative. Nineteen farmers were
awarded grants ranging from $15,000 to $50,000 each and, based
on the programs success, the Senate sought and won increased
budget funding for the program, to $1 million in the current State
Fiscal Year. Applications for second-round grants are due January
22, 2016 with awardees expected to be announced in the Spring.
For the second year in a row, the Young Farmers initiative also
included $900,000 in State Budget funding to provide student loan
forgiveness for college graduates who pursue careers in agriculture.
The program is administered through the states Higher Education
Services Corp.

Agriculture
By The Numbers
Farms
Farmland (acres)
Counties with no farms
Average farm income

35,537
7.2 million
0
$34,240
Source: USDA

Planting Seeds: 2015 Senate Agriculture Committee Annual Report

My grandkids are now old
enough to drive tractors and help
me on the farm. I never before
thought I could afford rollover
protection for my tractors. Saving
just one grandchild is worth the
money spent.
Farmer R.T., LaFargeville

Removing tons of used tires to stop

spread of disease

2015

PROMOTING FARMER SAFETY

The leading cause of death and injury on a family farm? The tractor.
Once again, the Senate Agriculture Committee took steps to
promote farmer safety by increasing funding for a successful program
aimed at reducing injuries from tractor rollovers. New York was first
in the nation to provide funding for rollover prevention in 2006, but
funding for this vital safety program was ended by the previous
Senate Majority. The program returned in 2011 and, in 2015, base
funding was increased to allow installation of protective equipment
on even more tractors. To date, the program has benefitted more
than 1,300 farmersand saved countless lives.
PROTECTING PUBLIC HEALTH
The Senate Agriculture Committee was at the forefront of efforts
to raise awareness of a deadly, insect-borne disease that, sadly,
claimed two more lives in Central New York in 2015. Through
the use of State Budget funding, Senator Patty Ritchie organized a
series of free waste tire disposal events that removed more than
60,000 used tires from roadsides and backyards in three counties
at risk for Eastern Equine Encephalitis, or EEE, the mosquito-borne
virus that is nearly always fatal in humans and for which there is
no known cure. Water trapped in improperly disposed waste tires
can serve as a perfect breeding ground for millions of potentially
disease-carrying mosquitoes. Participants in the events received
information and reminders on how to avoid infection by protecting
themselves from bites.
In addition, the 21st Century Workgroup on Disease Prevention,
a special panel of public health experts created through legislation
sponsored by Senator Ritchie, convened to help find ways to promote
creation of an EEE vaccine. The panel is supposed to report by the
end of 2015.
State Budget funding sought by the Committee has also helped fill
gaps caused by federal budget cuts to a successful wildlife rabies
program that has helped control that deadly disease, including
expansion of a proven wildlife vaccination program in Northern
New York in 2015 to stop the incursion of infected animals into the
state from Canada.
THE NEXT SWEET THING
In 2015, New York once again secured its place as the nations #2
maple producer, trailing only Vermont. More than 2.3 million taps
helped farmers draw 600,000 gallons of syrup from the states sugar
bush and set a new state record for maple production.

Senators Ritchie and Griffo

welcomed NY maple producers to
the capital.

Recognizing the opportunity for an even greater early harvest,

the Agriculture Committee passed legislation, signed into law, to
promote tapping of birch and black walnut trees, which can also
produce a sweet elixir thats just as appealing as natural maple syrup.
The Senate Agriculture Committee has led the way in supporting
New Yorks maple industry, with more than $900,000 in State
Budget funding since 2011 for research and promotion.
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M RS
R E
A D
F A
E
L
Your efforts in agriculture
have not gone unnoticed. You
are truly making a difference.
(Sales from farm products, 2012)

Patrick Ames, Cornell Cooperative

Extension of St. Lawrence County

Dairy
Corn
Grains, beans, peas
Nursery

$2.4 billion
$1.2 billion
$855 million
$413 million
Source: USDA

CELEBRATING SUCCESS
New Yorks wine industry continued its remarkable growth
and, in 2015, the state celebrated the opening of its 18th Wine
Trail, created to bring attention to local farms and New Yorks
unmatched wine and beverage products.The 80-mile St. Lawrence
Wine Trail links three Northern New York wine producers. In
1976, New York counted just 14 wineries and today, there are
more than 1,600 family vineyards and 350 wineries.

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Senate Agriculture Committee

Action on Legislation
Tuesday, February 10, 2015, at 9:00 AM, Room 411 LOB
S.854 (Klein, Addabbo, Avella, Carlucci, Hassell-Thompson, Hoylman, Latimer,
Marchione, Montgomery, Panepinto, Parker, Ritchie, Savino, Serrano)/ A. 4833
(Ortiz) - directs the Commissioner of Education, in cooperation with the Commissioner of
Agriculture and Markets, to establish voluntary guidelines to assist school districts and institutions
of higher learning to donate excess, unused food from their school meal programs for the poor and
disadvantaged. (Passed Senate)
S.1211 (Little, Bonacic, Marchione, Ritchie, Seward, Valesky)/ A.7381 (Magee) - relates
to the harvest of timber on non-protected State lands and directs the Wood Products Development
Council to work to improve public understanding of the timber industry. In addition, the measure
allows the Department of Environmental Conservation (DEC) to execute a contract which shall
be valid and enforceable without first being approved by and filed with the State Comptroller, if the
estimated value of the trees, timber or other forest products does not exceed $50,000.

This proposal essentially mirrors language put forth by DEC and was included in the 2010-2011
Governors Budget.
Currently, under Senate Finance Law, the threshold is $10,000 and both the DEC and the State
Comptroller must approve the contracts. This dual review is very time consuming. The threshold for
sole DEC approval is significantly less. (Committed to Rules)
S.1374 (Bonacic)/ No Same As - relates to an exemption from the small food processing licensing
requirements for pickling.

Currently many farmers take advantage of the so-called Home Processor exemption from the
licensing requirements placed upon food processors to turn surplus fruits into jams or jellies.
Since this exemption does not currently extend to the pickling of vegetables, this bill would direct the
Commissioner of Agriculture and Markets to include pickling under the exemption if he determines
that the protection of the consumers of the state as a whole will not be impaired by such action.
(Committed to Finance)
S.1795 (Ritchie, Marchione)/ A.944 (Rosenthal) - criminalizes knowingly causing a minor to
attend an exhibition of animal fighting.

Recognizing the extremely harmful impact on children who witness animal fighting, a growing body of
research indicates that cruelty to animals done in the presence of children can damage their emotional
development and such children are more likely to become abusive, anti-social, less empathetic, and
desensitized to abhorrent social behavior. This bill seeks to prevent the exposure of children to
animal fighting. (Passed Senate)
S.1916 (Young, Avella, OMara, Panepinto, Ritchie)/ A.7069 (Skartados) - increases from
50 to 100 acres, the acreage of farm woodland that qualifies as land used in agricultural production
for agricultural assessment purposes.

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Many farms have woodlands on their property which exceed fifty acres, but some only barely exceed
that amount, causing local assessors to divide a single woodlot into two separate parcels so that one
may be assessed at the highest and best use while the other receives an assessment based upon its
agricultural value.
In many instances, the former is only a few small acres of land. As we continue farm preservation
efforts, this legislation would allow farmers, particularly in areas of the state with greater development
pressure, to remain stewards of their land for generations to come. (Passed Senate)

Wednesday, April 22, 2015, at 9:00 AM, Room 411 LOB

S.15 (LaValle, Funke, Golden, Ranzenhofer)/ A.8501 (Ortiz) - provides that no person
shall manufacture, sell or expose for sale any dietary supplement or nutritional supplement without
branding or labeling such product with a statement that the product has or has not been tested by
the United States Food and Drug Administration; provides that the Commissioner of Agriculture and
Markets shall promulgate rules and regulations defining the terms dietary supplement and nutritional
supplement.

This bill is intended to show consumers which products have been tested so that the consumers can
make more informed choices when purchasing dietary supplements. (Committed to Rules)
S.519-A (Ritchie, Amedore, Croci, DeFrancisco, Funke, Gallivan, Griffo, Hannon,
Larkin, LaValle, Marchione, Nozzolio, Ortt, Panepinto, Ranzenhofer, Serino, Seward,
Valesky)/ A.4657 (Magee) - creates a Grown in New York program campaign to increase
awareness and consumption of locally grown and produced foods and related products, and to increase
the production and improve the distribution of foods and related products for local consumption.
(Passed Senate)
S.1081 (Marchione, Addabbo, Amedore, Comrie, Hamilton, Hoylman, Latimer,
Parker, Perkins, Ritchie)/ A.2778 (McDonald) - authorizes up to 20 percent of the animal
population control program fund balance to be utilized for grants to eligible entities, working in
coordination with community based initiatives, for the purpose of trapping, neutering, vaccinating, and
returning feral cats to the area from which they were trapped. (Vetoed Veto Memo 203)
S.1177-A (Serrano)/ A.2356 (Englebright) - known as Sir Henrys Law this bill adds a new
section 353-G to the Agriculture and Markets Law regarding informed consent of owners before
euthanizing a pet. The new section includes the following provisions:

1) A veterinarian administering a euthanasia procedure shall explain to a companion animal owner in

truthful and easy to understand manner:
a. various methods of humane euthanasia
b. benefits and risks of each method
c. negative impacts on the animal of each method; and
d. fully answer any questions the companion animal owner has with regard to euthanasia of the
owners pet.
2) Prohibits euthanasia by means of intracardiac injection unless the animal is heavily sedated,
anesthetized or comatose. However, allows for intracardiac injection on animals that are not heavily
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sedated, anesthetized or comatose only when intracardiac injection is the most humane
option available.
3) Allows owners of a companion animal that is euthanized to remain with pet during entirety of
euthanasia procedure.
4) Requires both the veterinarian and companion animal owner to sign a form acknowledging the
provisions of the law have been fully complied with. (Committed to Rules)
S.1368 (Young, OMara, Panepinto, Ritchie, Valesky)/ A.2405 (Magee) - includes
retail farm operations within the definition of a farm operation for the purpose of extending
certain protections which are provided for under the states Right-to-Farm Law.

The measure defines a retail farm operation to mean 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.
The bill requires that such portion of the farm and food products exceed 50 percent of the gross
annual income of the retail farm operation. Farm and food products are defined to mean any
agricultural, horticultural, forest or other 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, ornamental plants, nursery products,
flowers, and Christmas trees. (Passed Senate)
S.1973 (Griffo) / A.568 (Braunstein) - prohibits any person, partnership, or corporation
from selling, or offering for sale, food products containing melatonin to any person under the age
of eighteen years. This measure also requires retail food stores to display products containing
melatonin in a location designated for persons over the age of eighteen, in a manner which restricts
access to such food products.

While melatonin is a naturally-occurring compound, when ingested as a dietary supplement in

large quantities, melatonin can lead the central nervous system and to slow down and may impair
breathing. Certain melatonin products are purposely marketed to minors and can result in the
poisoning of small children. In 2009, there were 5,000 melatonin-related calls into poison control
centers, most involving small children.
This bill exempts foods that naturally contain melatonin, such as oats, corn, rice, almonds, fennel
seeds, cherries, lemon verbena, balm mint (the young part of the plant) and ginger, and only applies
to foods in which melatonin is an additive. (Committed to Rules)
S.2935 (Boyle, Addabbo, Bonacic, Marchione, Murphy, Nozzolio)/ A.2484 (Barrett)
- requires each violator of Busters Law to register his or her name and address with the Division of
Criminal Justice Services (DCJS). Such registry shall be in print and in electronic form and be available
to all law enforcement entities, district attorneys, duly incorporated humane societies, societies for the
prevention of cruelty to animals, dog or cat protective associations, animal control officers, breeders
of animals, and pet stores doing business in the state.

Any person required to register shall register annually, or after a move to a new address and shall
continue to register until receiving a court order ordering such registration to cease. No such
order shall be issued unless a person first demonstrates to the court that he or she has undergone
psychiatric or psychological testing, the results of which indicate by clear and convincing evidence
his or her capable and sound mental capacity, and ability to own and properly care for an animal
in a humane manner. Any person required to register pursuant to this section shall not own a
companion animal or have employment at an animal shelter, pound, pet store, zoo, or other business
establishment where companion animals are present. In addition, a person who is convicted of a
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violation, in addition to any other penalty or term of imprisonment authorized by law, shall be subject
to a mandatory surcharge of fifty dollars to pay for the costs and expenses associated with establishing
and maintaining the registry. (Committed to Rules)
S.2936 (Boyle, Nozzolio)/ A.1596 (Tedisco) - expands the definition of aggravated cruelty to
animals to include physical injury or death to a companion animal in the course of commission of a
felony, or immediate flight therefrom.

With a total disregard for innocent animals misused or killed in the commission of felonies, criminals
who harm beloved pets need to be held responsible for the full extent of their actions. (Passed
Senate)
S.3030 (Martins, Nozzolio)/ A.1600 (Tedisco) - prevents a person who is convicted of a
violation of Busters Law from owning or possessing a companion animal unless authorized by a court
order issued by a county court judge. Such an order cannot be issued until the convicted person first
demonstrates to the court that he or she has undergone psychiatric or psychological testing, and the
results indicate his or her sound mental capacity to own and properly care for an animal.

Busters Law increased penalties, including maximum prison sentences and fines, for engaging in animal
fighting and committing the crime of aggravated cruelty to animals. (Committed to Rules)
S.3117 (Ortt, Croci, Valesky)/ A.2429 (Barrett) - requires notification to the owner or
operator of a farm operation when information about their farm operation has been requested via
the Freedom of Information Law (FOIL) from a state agency or entity.

Currently, Article 6, Section 89 of the Public Officers Law dictates that a state agency/entity is
required to notify a farm or any business that its records are being released under a Freedom of
Information Law (FOIL) request when:
1) The records are actually requested via FOIL by a third party, and
2) Upon initial submission of their business information to the state agency, the farm has indicated
that they are requesting the state agency/entity consider their information confidential.
If these two conditions are met, the agency/entity will contact the farm and have them justify
their position that their business information should be exempted from FOIL release because the
information could put the business in a competitive disadvantage with their peers, consistent with the
allowable statutory exceptions as defined in the Public Officers Law. The state agency/entity must
then determine whether the farm or business request for exception is valid and either approve or
reject the request for FOIL exemption.
If the agency agrees with the farm or business and denies release of the requested information under
the FOIL, the requesting party may sue the agency for violating the FOIL. If the agency disagrees with
the farm or business and releases the information, the farm or business may sue the agency stating
that it should fall under the allowable exceptions to FOIL release listed under the Public Officers
Law. (Passed Senate)
S.3265 (Sanders, Comrie, Panepinto)/ A.7090 (Thiele) - establishes the New York State
council on food policy to develop and track guidelines and programs that promote locally grown food
products. The council would set goals for procurement of local foods by state agencies and facilities
to increase market for New York agricultural industrys products. (Passed Senate)

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S.3669 (Ritchie) / A.5155-A (Magee) - establishes purity and quality requirements in law for
birch and walnut syrup and sugars similar to such requirements for maple syrups

It makes good business sense to expand requirements already contained in the Agriculture and
Markets Law for maple syrup, to birch and walnut syrups. This will help producers comply with
regulations, protect legitimate businesses from unfair competition, and protect consumers from
buying lesser quality products. (Chapter 252, Laws of 2015)
S.3678-A (Funke, Larkin, Marchione, Panepinto, Ritchie, Valesky)/ No Same As creates a Farm Investment Fund.

For decades, the total number of farmers has been shrinking, but the last Agricultural Census in
2007 showed a 4 percent increase in the number of farms. It is the first increase since 1920, and in
many cases, young people and college graduates are joining in this endeavor.
While there has been an increase in promoting locally grown food, New Yorks farmers still struggle
to get a foothold in this promising new market. Start-up costs for the smallest operations can be
daunting, and the difference between success and failure can be a matter of investment that leads
to greater productivity. The Farm Investment Fund would feature grants up to $50,000 to help
farmers with the cost of infrastructure, equipment, and practices. (Passed Senate)
S.4265 (Krueger, Addabbo, Avella, Espaillat, Funke, Golden, Hamilton, Hoylman,
Murphy, Peralta, Perkins, Serrano, Stavisky)/ A.6252 (Rosenthal) - amends the
Agriculture and Markets law, in relation to aggravated cruelty to animals by removing the term
serious from the serious physical injury language of Section 353-a of the agriculture and
markets law. (Passed Senate)
S.4375 (LaValle)/ A.358 (Ryan) - known as Phoenixs Law for the five and a half year old Jack
Russell Terrier who was intentionally set on fire but miraculously survived despite having endured
weeks of abuse by two individuals, the bill doubles the penalties for aggravated cruelty to animals
and requires a psychiatric evaluation to ensure mental health treatment for those convicted of
such actions. (Committed to Rules)
S.4545 (Ritchie)/ A.6646 (Magee) - provides for the issuance of receipts for the delivery
of liquefied petroleum gas by electronic means. This bill also provides an option for propane
customers to receive a copy of the meter-generated delivery ticket by email.

This bill would result in environmental benefits from the potential reduction in paper waste for
both companies and customers. Additionally, identity theft opportunities would be reduced by
eliminating sensitive information which might otherwise be left on a customers property. (Chapter
304, Laws of 2015)
S.4641 (Ritchie, Funke)/ A.6126 (Rosenthal) - relates to aggravated cruelty to animals in
the presence of a child, increases the potential term of imprisonment from two to four years when
such crime is committed in the presence of a child, and defines in the presence of a child.

The aim of this legislation is to curtail the performance of acts of cruelty against animals in front of
children which can inflict psychological damage on a minor forced to witness such crimes. (Passed
Senate)

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Tuesday, May 5, 2014, at 9:00 AM, Room 411 LOB

S.410 (Marcellino)/ A. 2894 Thiele - increases the penalty for abandonment of an animal
from a fine of up to $1000, to a fine of up to $2000. (Passed Senate)
S.1793 (Ritchie, Bonacic, Croci, DeFrancisco, Farley, Gallivan, Griffo, Larkin,
Latimer, LaValle, Little, Marchione, Nozzolio, OMara, Ortt, Panepinto,
Ranzenhofer, Robach, Seward, Valesky, Young)/ A.4352 (Magee) - establishes a
beginning farmer revolving loan fund program within the Agriculture and Markets Law.

Article 25-AAAA of the Agriculture and Markets law was enacted to promote the agriculture
industry in New York, an industry which has a substantial impact on the overall economic health
and well-being of our state. New York State farms preserve approximately 7.7 million acres of open
space as working landscapes, thus contributing to the overall quality of the states environment.
Preserving farmland as a working agricultural landscape provides open space benefits for all
residents of the state, and maintains the land as a natural habitat for animals.
Additionally, properly managed farmland has been demonstrated to be the best environmental
usage of land for watershed protection. For these reasons, it is in the best interest of the state
to promote agricultural uses of the states lands. While numerous other revolving loan programs
exist under New York law, a revolving loan program for beginning farmers does not currently
exist. (Passed Senate)
S.1824 (Ritchie, Croci, Hoylman, LaValle, OMara, Panepinto, Robach, Valesky)/
A.1571 (Magee) - directs the Commissioner of the New York State Department of Agriculture
and Markets to enhance access to viable agricultural land for new and beginning farmers. This bill
directs the Commissioner of the Office of General Services to work with the Commissioner of
Agriculture and Markets to develop an inventory of state-owned real property that may be
viable for farming.

This legislation would emphasize assistance for new and beginning farmers in existing state law
by requiring the State to provide advice to State agencies regarding tax, financial assistance and
other policies and programs that could address the needs of beginning farmers and the issues they
face related to the transfer of ownership of farms. It would also encourage the identification of
properties owned by the State that are viable for farming and could be sold or leased for farming.
It would promote information among those interested in purchasing or leasing those properties.
(Vetoed Veto Memo 201)
S.2102 (LaValle)/ A.3031 (Thiele) - increases the penalties for confinement of a companion
animal in a vehicle during times of extreme hot or cold temperatures. Confinement of a companion
animal in a vehicle during times of extreme hot or cold temperatures can cause injury and death,
even in a short period of time.

This legislation increases the penalties for any person who violates the provisions of section
353-d of the agriculture and markets law to $250-$500 for the first offense and to $500-$1,000
for second and subsequent offenses. It sets a more protective standard for companion animals
by permitting an officer to remove companion animals from a vehicle in instances where such
confinement may place them in imminent danger of death or serious physical injury. (Passed
Senate)

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S.2313 (Ritchie, Croci, Gallivan, Ranzenhofer, Seward)/ A.1766 (Magee) - specifies

that annual Agricultural Environmental Management Program reports shall also include, after
consultation with the Department of Environmental Conservation (DEC), the number of annual
registrations for agricultural water withdrawals exceeding an average of more than $100,000
gallons per day in any consecutive 30-day period.

This bill directs that such information shall not be subject to disclosure under the Freedom of
Information Law (FOIL). Any reports to outside parties for research or other purposes shall be
redacted to exclude any information about a water source, the location of a water source, the
capacity of a water source, and the place and source of a proposed or existing withdrawal.
The disclosure of such specific information about a farms water supply increases the risk that a
foreign or domestic terrorist or other individual could use such information to harm or damage
the farm. Safe and reliable water sources are essential to farm operations and must be protected.
(Committed to Rules)
S.2673 (Ritchie, Gallivan)/ A.7062(Magee) - gives the Commissioner of Agriculture and
Markets the power to establish a federal food safety compliance assistance program to support
farmers in complying with federal food safety rules.

Farming is an essential component to our states culture and economy and our farmers need the
support to comply with national requirements under the Food and Safety Compliance Program.
(Vetoed Veto Memo 195)
S.3024 (Young, Funke, OMara, Ranzenhofer)/ A.2407 (Magee) - authorizes the
Commissioner of Agriculture and Markets to define and review farm conservation practices in
conjunction with the State Soil and Water Conservation Committee to determine the scope of
engineering, land surveying or architecture necessary for such practices on an on-going basis.

Best management practices help protect our natural resources and increase farm environmental
sustainability. The experts who assist farms in implementing these programs are local Soil and
Water Conservation Districts, and can more appropriately make such determinations. (Passed
Senate)
S.3077 (Young, Gallivan, Ranzenhofer)/A.1839 (Gunther) - removes farm pond
dams from required monitoring by the DEC and instead gives the responsibility to the State
Soil and Water Conservation Committee for development of guidelines and best management
practices for the classification, operation and maintenance of farm pond dams.The Soil and Water
Conservation Committee has longstanding experience working with farmers to implement farm
pond construction and maintenance and has the necessary knowledge to establish such guidelines.

Farm pond dams are an important agricultural and conservation resource for NY farms. This
legislation would provide needed technical resources, while at the same time ensuring appropriate
regulation. (Committed to Rules)
S.4158 (Panepinto)/ A.2369 (Barrett) - amends sections 324 and 324-a of the Agriculture
and Markets Law by amending county and municipal farmland protection provisions to encourage
efforts to support transfer of farmland to new owners, especially beginning farmers, and to include
efforts to support transfer of farmland to beginning farmers as part of local government farmland
protection programs. (Chapter 248, Laws of 2015)

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Tuesday, June 2, 2015, at 9:00 AM, Room 411 LOB

S.848 (Klein, Dilan, Parker)/ No Same As - provides that the Department of Agriculture
and Markets must order a retail food store failing three consecutive sanitary inspections to cease
retail operations or suspend or revoke its license until it passes inspection. This legislation also
provides for a five hundred dollar fine for stores failing to post inspection reports or make copies
available to the public upon request. (Committed to Rules)
S.1812 (LaValle)/ A.141 (Paulin) - relates to owners of lost pets and return of lost pets
to their owners. This measure requires the entity with possession of lost pets to take steps to
check the pets for any identification including tags, tattoos and microchips. This legislation also
makes information available to the public on their website to assist owners in finding their pets.
(Committed to Rules)
S.2075 (Young, Funke)/ No Same As - establishes a real property tax abatement for the
value of land used for replanting or crop expansion of woody biomass used for the production of
ethanol or biodiesel, including willow.

This bill would encourage crop transitions to cellulosic feedstock (e.g. willow and grasses) for
ethanol production, helping farmers diversify their operations and assisting them in getting into the
new and growing market for cellulosic ethanol and biodiesel. (Committed to Rules)
S.3023 (Young, Bonacic)/ No Same As - increases state assistance payments for county
approved agricultural and farmland protection plans, from 75 percent to 85 percent of the cost,
to encourage more participation in the States agricultural and farmland protection program by
farmers, counties and municipalities, by increasing the State share of the cost of implementing
agricultural and farmland protection plans. (Committed to Rules)
S.3451 (Murphy)/ A.1412 (Paulin) - increases the penalty for multiple convictions of torturing,
killing or failing to provide sustenance to an animal to a felony, if convicted within five years from
the date of a prior conviction. The bill seeks to prevent animal abuse by raising the penalty for
subsequent acts of cruelty which occur within five years of a conviction of this section to an E
felony when such cruelty is perpetrated against an animal. (Passed Senate)
S.4091 (Valesky, Avella, Carlucci, Klein, Savino)/ No Same As - establishes, in the
department of agriculture and markets, a matching enterprise grants for agriculture program, to
provide moneys to new farmers; provides a tax incentive to domestic life insurance companies to
invest up to 1% of admitted assets in the purchase of agricultural land to be kept in agricultural
production, which land is subject to a conservation easement and receives, or is eligible to receive,
an agricultural assessment. (Committed to Finance)
S.4851 (Ritchie)/ A.8082 (Magee) - amends the Agriculture and Markets Law to streamline
the process for the creation, review and consolidation of agricultural districts, and repeals certain
provisions of the law to improve efficiency, clarity and farmer protections. The bill also amends the
Real Property Tax Laws property tax exemption for structures and buildings used exclusively in
the raising and production for sale of agricultural or horticultural commodities to expressly include
permanent and impermanent structures and buildings. (Committed to Rules)
S.4933 (Ranzenhofer)/ No Same As - clarifies that food labeling is vested exclusively in the
state.

Recently, some local governments have considered passing their own local laws relating to food

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Planting Seeds: 2015 Senate Agriculture Committee Annual Report

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labels and food portions. Food vendors and processors typically have standard labels that they
use for their products based upon state and federal guidelines or requirements, and usually sell
in many locations throughout the state. It would be very harmful to intrastate commerce to have
various municipalities across the state implement their own special label and portion laws. The
inevitable result would be higher costs and fewer choices for consumers, and situations in which
the rules for a particular municipality conflict with state regulations and policies. A variety of
food labels would also cause confusion to consumers, who might be unfamiliar with the unique
label format required by a particular municipality.
This bill promotes uniformity of food labels across the state, based upon the requirements
promulgated by the state that will best serve the consumers and producers in New York.
(Committed to Rules)
S.4945 (Comrie, Montgomery, Panepinto, Perkins)/ A.8137 (Simanowitz) - amends
the reporting requirement for the farmers market program to include a discussion of food
deserts and the efforts to develop and expand farmers markets in food deserts.The bill seeks to
gather information needed for policy makers to overcome barriers standing in the way of access
to fresh fruits, vegetables, whole grains and nutritious foods in food deserts. (Passed Senate)
S.5026 (Comrie, Addabbo, Montgomery, Panepinto)/ A.8138 (Simanowitz) requires the Commissioner of Agriculture and Markets to convene the Community Gardens
Task Force and to issue a report.

A community garden is a shared piece of land that is used for gardening by a group of people.
Community Gardens have numerous benefits, including access to fresh food with a nutritional
value, fostering a sense of stewardship, identity and ownership in a community, providing
educational opportunities, increasing property values, and even helping reduce crime.
Recognizing these benefits, in 1986 the state enacted Title 2-C of the Agriculture and Markets
Law relating to community gardens. This section of law created a task force to promote and
foster the growth of community gardens and outlined goals for the task force. However, the
legislation failed to require a report from the task force to provide recommendations for steps
required policy changes to facilitate achievement of the goals. This bill would require the Task
Force to develop recommendations and issue a report. (Passed Senate)
S.5256-A (Ritchie)/ A.7599 (Magee) - defines an agricultural custom operator and provides
agricultural district protections when an agricultural custom operator is working on lands within
an agricultural district.

Farmers often chose to hire an agricultural custom operator to complete routine farming activities
on the farm operation due to business or time factors. This may include items such as spreading
manure, planting or harvesting crops, and spraying pesticides and fertilizers. 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.
Currently, agricultural custom operators are not eligible for agricultural district protections.
As a result, activities by custom operators are, among other things, not subject to sound
agricultural practice determinations 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 practice and the farm operations
overall capability to function. (Passed Senate)

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Planting Seeds: 2015 Senate Agriculture Committee Annual Report

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S.5432 (Funke)/ A.7829 (Quart) - establishes the healthy options and community outreach
program.This bill directs the Empire State Development Corporation to conduct a public awareness
campaign and establishes tax credits for small grocers and convenience stores participating in the
program. This legislation would encourage small store operators to make the necessary upgrades
to their facilities to offer more healthy options. (Committed to Finance)

Thursday, June 18, 2015

The following nominee of the Governor was approved by proclamation to go before the Senate
Finance Committee for consideration and approved by the full Senate afterwards:
Brian Reeves Advisory Council on Agriculture

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Senate Agriculture Committee

Room 412, Legislative Office
Building, Albany, NY 12247

2015 ANNUAL REPORT OF THE

SENATE AGRICULTURE COMMITTEE
Senate Agriculture Committee
Room 412
Legislative Office Building
Albany, NY 12247
(518) 455-3438
www.ritchie.nysenate.gov

Senator Patty Ritchie | Chair