N.Y. Agriculture & Markets Law § 16: General powers and duties of department

§ 16. General powers and duties of department. The department through

the commissioner shall have power to:

1. Execute and carry into effect the laws of the state and the rules

of the department, relative to agriculture, horticulture, farm, fruit,

and dairy products, aquaculture, and the production, processing,

transportation, storage, marketing and distributing of food; enforce and

carry into effect the provisions of the laws of the state relative to

weights and measures.

2. Aid in the promotion and development of the agricultural resources

of the state and the improvement of the conditions of rural life; the

improvement of the fertility and productiveness of farm lands and the

restoration to fertility and productiveness of unoccupied and

unproductive land; the settlement of farms and the supply of farm labor;

the stocking of farms with meat-producing and dairy animals and

promoting the production of cereals, fruits and vegetables, and

co-operate with county farm bureaus, and with agricultural, dairying and

horticultural associations or corporations and other agencies organized

for any or all of such purposes.

2-a. Aid in the promotion and marketing of finfish and shellfish

derived from commercial fishing or aquacultural activities and cooperate

with fishing and aquaculture associations or corporations organized for

any or all such purposes.

2-b. Aid in the promotion, marketing, and sale of New York state

labelled wines, grapes and grape products in cooperation with the

department of economic development both within and outside the state and

to provide promotion and marketing advisement to wineries, farm

wineries, micro-wineries, grape and other fruit growers and processors,

and related trade organizations located within this state.

2-c. Aid in the export promotion and marketing of eligible

agricultural products, in cooperation with the department of economic

development.

2-d. Coordinate with the office of general services and the department

of economic development to provide a training program once per year, in

each economic development region, established in article eleven of the

economic development law, to encourage and increase participation in the

procurement process, pursuant to article eleven of the state finance

law, by small businesses, as defined in section one hundred thirty-one

of the economic development law, including farms, selling food or food

products, or animal or plant fiber products grown, produced, harvested,

or processed in New York state or textile products manufactured from

animal or plant fiber grown or produced predominantly in New York state

and assist such businesses in identifying such food or food products, or

animal or plant fiber textile products, which may help to meet state

agencies' needs. The departments and office may also invite to the

regional training programs representatives of local governments,

including school districts, that may be interested in purchasing New

York state food products or animal or plant fiber textile products.

2-e. Develop, and update, guidance and other information to:

(i) assist county legislative bodies, agricultural and farmland

protection boards and departments in creating and reviewing agricultural

districts pursuant to sections three hundred three, three hundred

three-a and three hundred three-b of this chapter; and

(ii) assist the commissioner of taxation and finance to support

training of assessors and any other local government officials who have

responsibility for agricultural assessment and taxation.

2-f. Aid in the promotion, marketing and sale of New York state farm

products used for holiday celebrations and decorations, including, but

not limited to, Christmas trees, wreaths, pumpkins, flowers and other

similar products in cooperation with the empire state development

corporation by providing listings of such growers and suppliers to

vendors selling such products and to municipalities that may provide

such information to vendors selling such products on municipal

sidewalks, lots or streets.

2-g. Aid, in cooperation with the department of economic development,

in the promotion, marketing and sale, both within and outside the state,

of New York state animal and plant fiber and products made from such

fiber. For the purposes of this subdivision animal fiber means natural

fibers that have formed the covering, or fleece, of sheep or other hairy

animals such as goats or alpacas, shorn for the purposes of creating

textile products, and plant fiber means natural fibers that are obtained

from plants and used to create textile products including, but not

limited to, hemp. Such aid shall include, but not be limited to:

(a) the opportunity for producers of animal and plant fibers in the

state to participate in programs that offer seals or logos identifying

such fibers as grown in New York state and certified for their quality,

for product labeling, advertising, and displays; and

(b) the development of educational materials about animal and plant

fiber, especially for young people, in cooperation with cooperative

extension, boards of cooperative educational services, local fairs, and

the state fair.

* 2-h. In cooperation with the department of environmental

conservation, offer seals or logos identifying native plants as grown in

New York state and certified for their quality, product labeling,

advertising, and displays. The department, in cooperation with the

department of environmental conservation, shall establish appropriate

standards and guidelines for such designation. The department shall

further provide educational materials promoting awareness and

understanding of native plants under the New York native plants

designation to horticultural producers, garden centers, consumers,

educational institutions, Cornell cooperative extension, and relevant

agricultural and environmental organizations. For the purposes of this

subdivision, "native plants" shall mean non-invasive herbaceous and

woody plant species that are indigenous to New York state and are likely

to maintain their range or successfully adapt to anticipated climate

changes in New York state and the northeastern United States.

* NB Effective and Repealed December 19, 2026

3. Investigate the cost of food production and marketing in all its

phases.

4. Investigate the sources of food supply for the state, the

production, transportation, storage, marketing and distribution of food

sold, offered for sale, stored or held within the state, the cost of

transportation to the leading centers of population and of distribution

to consumers.

5. Collect and disseminate accurate data and statistics as to the food

produced, stored or held within the state, the quantities available from

time to time and the location thereof, and so far as practicable and

available collect such like statistics from without the state, as are of

value to producers and consumers within the state.

5-a. Establish an information network between agricultural producers

and consumers to facilitate and promote the direct marketing of New York

farm products. The commissioner may publicize such direct marketing

information network. He may compile information voluntarily provided by

farmers and growers who desire to sell farm products directly to

consumers, and distribute such information, in the manner he deems

appropriate, to food buying cooperatives, governmental agencies,

community service organizations, the bureau of government-donated foods

distribution in the office of general services, the cooperative

extension service, and to any person requesting such information.

5-b. (a) Establish, in cooperation with the commissioner of education,

a farm-to-school program to facilitate and promote the purchase of New

York farm products by schools, universities and other educational

institutions under the jurisdiction of the education department. The

department shall solicit information from the education department

regarding school districts and other educational institutions interested

in purchasing New York farm products, including but not limited to, the

type and amount of such products schools wish to purchase and the name

of the appropriate contact person from the interested school district.

The department shall make this information readily available to

interested New York farmers, farm organizations and businesses that

market New York farm products. The department shall provide information

to the education department and interested school districts and other

educational institutions about the availability of New York farm

products, including but not limited to, the types and amount of

products, and the names and contact information of farmers, farm

organizations and businesses marketing such products. The commissioner

shall report to the legislature on the need for changes in law to

facilitate the purchases of such products by schools and educational

institutions.

The department shall also coordinate with the education department,

and school food service, education, health and nutrition, farm, and

other interested organizations in establishing a promotional event, to

be known as New York Harvest For New York Kids Week, in early October

each year, that will promote New York agriculture and foods to children

through school meal programs and the classroom, at farms and farmers'

markets and other locations in the community.

(b) Cooperate with the department of health in implementing the

childhood obesity prevention program pursuant to title eight of article

twenty-five of the public health law and with the commissioner of

education to encourage the production and consumption of fresh locally

produced fruits and vegetables by elementary and secondary school aged

children pursuant to paragraph (a) of this subdivision to help combat

the increasing incidence of childhood obesity.

(c) Cooperate with federal, other state and municipal agencies to

encourage the expansion of community gardens pursuant to article two-C

of this chapter to help encourage the production and consumption of

fresh locally produced fruits and vegetables to help combat the

increasing incidence of adult and child obesity.

5-c. Cooperate with the commissioner of education, pursuant to

subdivision fifty-six of section three hundred five of the education

law, to develop guidelines for the voluntary implementation by school

districts and institutions of higher education of programs which

encourage the donation of excess, unused, edible food from meals served

at such educational facilities to local voluntary food assistance

programs.

6. Investigate and recommend useful methods of co-operative

production, marketing and distribution of foods within the state.

6-a. Establish the New York state council on hunger and food policy.

The purpose of the council shall be to advise the state on the

development of comprehensive, coordinated state food policies with the

goal of: ensuring that all citizens of the state are able to eat a

healthy diet and avoid food insecurity while consuming New York grown

and produced foods as much as possible. The council shall work to:

support and facilitate the growth of a New York-based local farm and

food product economy that revitalizes rural, suburban and urban

communities, creates jobs, and supports economic growth through

promoting and developing local farm and food businesses and their

products and helps to make them more available to New York residents;

and promote healthy eating through a plentiful, accessible, affordable,

safe and nutritious food supply with access to fresh and minimally

processed foods including a readily available supply of such food during

emergencies.

(a) The priorities of the council shall include, but are not limited

to, developing and recommending policies and plans to:

(i) ensure the availability of and expand access to an adequate supply

of affordable, fresh and nutritious food to its residents;

(ii) expand agricultural production and processing, including

locally-grown and organically-grown food;

(iii) assist local farm and food businesses to succeed and grow,

especially beginning and new owners and those historically

underrepresented or marginalized in agriculture or the food industry, to

identify and secure necessary resources and equipment to begin,

maintain, and expand projects and networks necessary for the development

of local farm or food products;

(iv) reduce barriers affecting food-insecure populations in rural and

urban spaces;

(v) facilitate the building of infrastructure, including, but not

limited to, aggregation, processing, storage, packaging, distribution,

and marketing facilities necessary to move local farm or food products

to local and other markets;

(vi) support and expand programs that recruit, train, and provide

technical assistance to New York farmers, food producers, food

processors and residents in order to encourage the production and

processing of local farm or food products;

(vii) coordinate interagency programs, initiatives, and procedures

promoting local farm and food products in New York communities, by

working with and involving state, federal, and local agencies, as well

as community-based organizations, educational institutions, and trade

organizations in executing the purposes of this section;

(viii) eliminate statutory and legal barriers hindering the

development of a local farm and food economy by working with federal,

state, and local agencies, other agencies and applicable entities, to

ensure consistent and compatible laws and regulations for the

production, processing, storage, distribution, and marketing of local

farm or food products;

(ix) facilitate the use of public lands for growing local farm or food

products by working with governmental entities at the local, state, and

federal levels;

(x) initiate and facilitate public awareness campaigns about the

economic benefits of a local farm and food economy;

(xi) improve access to nutrition assistance programs and

transportation options, enhance infrastructure, and decrease

socio-economic disparities that contribute to the prevalence of food

insecurity;

(xii) alleviate geographic and economic barriers to improve access to

healthy fresh food and reduce hunger among New Yorkers;

(xiii) eliminate barriers impacting a consumer's ability to purchase

healthy food; and

(xiv) encourage state agencies and community partners to share ideas

for reducing food-related chronic disease and promoting well-balanced

child nutrition.

(b) The council shall consist of twenty-five members designated by the

commissioner as follows: (i) the commissioner, the commissioner of

health, the commissioner of the office of temporary and disability

assistance, the commissioner of education, the commissioner of the

department of economic development, and the director of the office for

the aging;

(ii) eight members with experience and expertise related to

agriculture, nutrition, or food policy, of which four shall be

designated on the recommendation of the legislative leaders, one each by

the temporary president of the senate, the speaker of the assembly, the

minority leader of the senate, and the minority leader of the assembly;

(iii) the dean of the New York state college of agriculture and life

sciences;

(iv) one member representing farm organizations;

(v) one member representing school food administrators;

(vi) one member representing consumers;

(vii) two members representing an organization that provides food

assistance;

(viii) one member representing anti-hunger advocates;

(ix) one member who is a nutritionist; and

(x) three members representing the food industry, including producers,

distributors, processors or retailers who are residents of and work in

the state of New York, at least one of whom produces organic food.

(c) The commissioner shall serve as the chairperson of the council.

(d) The council shall issue a written report on the thirtieth day of

January each year on: (i) the activities of the council during the

preceding year; (ii) recommended food policies and actions for the

state; (iii) an account of the progress made in achieving the goals of

the council; and (iv) actions which are necessary to implement the

recommendations of the council and effectuate its purposes.

(e) The state governmental agencies represented on the council may

re-direct existing staff, as appropriations permit; assist in executing

the purposes of this subdivision; and provide office space, meeting

space, and other research and communication services as appropriate.

(f) No member of the council shall be disqualified from holding any

public office or employment, nor shall he or she forfeit any such office

or employment by virtue of his or her appointment hereunder. Members of

the council shall receive no compensation for their services but shall

be allowed their actual and necessary expenses incurred in the

performance of their functions hereunder.

(g) The council shall set forth the time and place of its meetings and

meet as frequently as business requires, but shall meet at least twice

each year.

(h) Every agency, department, office, division or public authority of

the state shall cooperate with the council and furnish such information

and assistance as the council determines is reasonably necessary to

accomplish its purpose.

7. Aid in the organization and operation of co-operative associations

and corporations among producers and consumers of farm products, and

also aid in the organization and operation of co-operative associations,

corporations or other agencies for the purpose of increasing the

production, improving the quality, grading or bringing together of farm

products for wholesale marketing.

7-a. Call conferences of co-operative associations of producers of

farm products organized under or subject to the provisions of chapter

seventy-seven of the consolidated laws for discussion of cost of

production, transportation and marketing, of market conditions and

prices for sale of farm products to the end that the marketing operating

operations for such co-operative associations may be facilitated, made

more efficient and the producers may obtain the reasonable cost of

production, plus cost of compliance with sanitary regulations affecting

production or marketing. Such conferences shall be held under the

supervision of the commissioner. Neither such conferences nor any

agreements or arrangements resulting therefrom, if such agreements or

arrangements are approved by the commissioner, shall be deemed or

construed to be acts, conspiracies, agreements or arrangements in

restraint of trade or commerce or injurious to public welfare. The

powers hereby conferred may also be exercised in conjunction with

officials or representatives of the federal government.

8. Co-operate with and aid farmers and other producers of food, and

distributors and consumers thereof, in improving and maintaining

economic and efficient systems of production, storage, distribution and

marketing, and in reaching advantageous markets. The commissioner may

develop, coordinate and conduct programs for advertising, publicity and

general promotion of agricultural and food products grown, processed,

packed or otherwise made within the state. The commissioner may

establish a voluntary program for the improvement of direct marketing of

New York farm products at roadside farm markets. The commissioner may

adopt a word or symbol to identify roadside markets participating in

such program, advertise and publicize the roadside farm market program,

and provide technical and promotional assistance to effectuate said

program. The commissioner may charge fees for the sale or use of

promotional materials or items, and any income derived from such

programs shall be deposited in a special account of the farm products

publicity fund established under section one hundred fifty-six-i of this

chapter. Any expenses incurred in the conduct of such programs may be

paid out of such account on vouchers approved by the commissioner, after

audit by the comptroller.

9. Acquire and disseminate accurate information as to market prices of

food products, and market conditions, in the markets of the state and

any other markets, through use of department market reporters, or

agreements with organized groups of producers or shippers or dealers in

farm produce for the joint employment of market reporters, or special

arrangements with existing market reporting agencies, when in the

judgment of the commissioner such information will be valuable to the

producers or consumers of the state.

10. Acquire and publish useful information to facilitate

transportation, to avoid delays therein and upon request advise shippers

or purchasers as to the most direct and expeditious route of shipment to

market.

11. Co-operate with the commissioner of transportation with the view

of obtaining suitable, expeditious and economical facilities for the

shipment of food, and recommend as to the action to be taken by such

commissioner to avoid and prevent unfair discrimination in such shipment

and unreasonable delay in the transportation thereof, and to obtain fair

and reasonable rates for such transportation.

12. Investigate delays in transportation, and in case food is likely

to spoil for lack of ready market, take such action as seems advisable

for facilitating the sale thereof.

13. Investigate restraints of trade or unlawful combinations to fix

prices.

14. Investigate as to the needs of terminal, dock and other

distributing facilities for the delivery and distribution of foods at

the centers of population, and the establishment and operation of

co-operative or public abattoirs for the slaughter of animals and

poultry for food purposes; and advise and co-operate with corporations

and municipalities or other agencies to promote their establishment,

construction or acquisition for the public use and make recommendations

as to the conduct thereof.

15. Advise and co-operate in establishing local markets, and

warehouses for assembling, grading, packing and storing food or farm

products, whenever in the judgment of the commissioner the public

interests require such establishment.

16. Co-operate with producers in the conduct of experiments and

disseminate information as to producing, assembling, grading, packing,

distributing and selling farm products, so as to demonstrate economic

and efficient methods, and to standardize the grades of such products

and determine the cost of such production, assembling, grading, packing,

distribution and sale.

17. Investigate plans to be established by law for the purpose of

securing an ample supply of pure milk in centers of population upon an

economic basis of distribution and to aid in the accomplishment of such

purpose within the provisions of existing law.

18. Ascertain the names and addresses of producers, manufacturers,

importers, exporters and potential exporters and distributors of food,

the kind of food produced, manufactured, imported, exported or to be

exported or distributed by such persons, and to publish the same

whenever in the judgment of the commissioner public interests require

or, upon request, when in the public interest, supply lists of such

persons.

19. Make such recommendations as in the judgment of the commissioner

will stimulate and increase the production or distribution or sale of

food and co-operate with public or private agencies for that purpose.

20. Act as mediator or arbitrator in any controversy or issue that may

arise between producers and distributors of food.

21. Investigate, when deemed advisable, the conduct and methods of

exchanges and boards of trade within the state for the purchase and sale

of food.

22. Collect and publish data concerning the purity, wholesomeness,

economic value and the nutritious and hygienic properties of food

produced, sold or available for sale within the state, and for such

purpose to take, examine and analyze samples of such food.

23. Investigate deceptions in the quality, quantity or character of

foods produced, stored, sold or offered for sale within the state,

including the adulteration and misbranding thereof.

24. Co-operate with local health departments and other local agencies

in preventing the production, manufacture, sale or offering for sale of

fraudulent, deleterious or unwholesome food. The commissioner may

contract with any such local health department or other local agency for

the performance of inspections with respect to any food or other product

over which he has jurisdiction, powers and duties under the provisions

of this chapter.

25. Inspect and determine the grade or condition of farm products at

shipping points and receiving centers, and provide for the issuance of

certificates of such inspections and enter into co-operative

arrangements with state and federal marketing agencies for joint

inspections. The commissioner shall require and receive the payment of

fees for such inspection services in amounts not exceeding the estimated

cost of the services. The commissioner shall remit to the state

treasurer such fees received monthly.

25-a. Inspect and determine the grade or condition of farm products,

issue certificates of such inspections and provide quality control

services for growers, canners, processors, packers, shippers, sellers,

buyers, retailers and receivers upon request therefor; enter into

cooperative arrangements with state and federal agencies, or persons or

organizations authorized by a federal agency to conduct farm products

inspections, for joint inspections; enter into contracts with applicants

for such inspections and services, which contracts shall require payment

by applicants of the full costs of the services provided. All moneys

received by the commissioner pursuant to such contracts shall be

deposited in an account within the miscellaneous special revenue fund

and shall be used to defray the expenses incidental to carrying out the

powers and duties authorized by this subdivision. The state's financial

contribution to the pest control compact adopted pursuant to section one

hundred forty-nine of this chapter may be paid out of the portion of

said moneys received by the commissioner for phytosanitary inspections.

All moneys shall be paid out of such fund on vouchers approved by the

commissioner, after audit by the comptroller. Nothing contained in this

subdivision shall apply to fees received for inspections performed under

subdivision twenty-five of this section.

25-b. Require and receive the payment of a fee of fifty dollars for

the issuance of certificates of compliance with the food related

provisions of this chapter and the regulations promulgated pursuant

thereto. Notwithstanding any other provision of law to the contrary,

the commissioner is hereby authorized and directed to deposit all money

received pursuant to this subdivision in an account within the

miscellaneous special revenue fund.

25-c. The commissioner may enter into a contract or cooperative

agreement under which laboratory services of the department may be made

available to federal, state, local, and educational entities when, in

the commissioner's judgment, such contract or cooperative agreement

shall be in the public interest and shall not adversely affect the

department's obligations under this chapter. Such contracts or

cooperative agreements shall require payment by contractors and

cooperators of, at a minimum, the full costs of the services provided.

All moneys received by the commissioner pursuant to such contracts and

agreements shall be deposited in an account within the miscellaneous

special revenue fund and shall be used to defray the expenses incidental

to carrying out the services authorized by this subdivision.

25-d. The commissioner may enter into a contract or cooperative

agreement under which services relating to food safety and inspection,

animal health, invasive species control, the collection of samples for

research studies and similar services relating to the duties and

responsibilities of the department may be made available to federal

entities, educational entities located outside of the state, and state

and local governmental entities located outside of the state, when, in

the commissioner's judgment, such contract or cooperative agreement

shall be in the public interest and shall not adversely affect the

department's obligations under this chapter. Such contracts or

cooperative agreements shall require payment by contractors and

cooperators of, at a minimum, the full costs of the services provided.

All moneys received by the commissioner pursuant to such contracts and

agreements shall be deposited in an account within the miscellaneous

special revenue fund and shall be used to defray the expenses incidental

to carrying out the services authorized by this subdivision.

26. Investigate and take action to prevent illegal acts or practices

in the sale or distribution of food or of fertilizers, feeding stuffs,

materials, apparatus and machinery or other instrumentalities used or

needed for the production, marketing and distribution of food.

27. Seize, destroy or denature so that it cannot thereafter be used

for food, any unwholesome food or food products sold or exposed for sale

on the markets of this state, or any food or food products consisting in

whole or in part of any filthy, decomposed or putrid animal or vegetable

substance, or any portion of an animal unfit for food, whether

manufactured or not, or if it is the product of a diseased animal or one

that has died otherwise than by slaughter. Provided, however, that the

commissioner of agriculture and markets after seizure and before such

destruction, shall give the owner, proprietor or custodian of such food

ten days notice in writing, to be served either personally or by mail,

of a hearing for the said owner, proprietor or custodian to show cause

why such food should not be destroyed in accordance with the provisions

of the statute.

28. Provide for holding a state fair to be known as the New York state

fair and, for the purpose of seeking advice and counsel in relation

thereto, consult with the state fair advisory board. The advisory board

shall consist of eleven members appointed by the governor, including one

member on the recommendation of the temporary president of the senate;

one member on the recommendation of the speaker of the assembly; one

member on the recommendation of the minority leader of the senate; and

one member on the recommendation of the minority leader of the assembly.

The governor shall select a member of the advisory board to serve as

chairperson. The members of the advisory board shall not receive

compensation for their services, but may be paid their actual and

necessary expenses incurred in serving upon the advisory board.

29. All the functions of the former department of farms and markets,

of the former council of farms and markets and of the former

commissioner of farms and markets and all their powers and duties, which

were transferred to the department of agriculture and markets by section

two hundred and seventy-two of the state departments law or shall have

been prescribed by law when this subdivision as hereby enacted takes

effect, whether in terms vested in such department, in such council or

in such commissioner or in a committee, member or officer thereof, and

all the functions of the former council of agriculture and markets and

the commissioner of agriculture and markets and all their powers and

duties which shall have been prescribed by law when this subdivision, as

hereby amended, takes effect, whether in terms vested in such council or

in such commissioner or in a committee, member or officer thereof, shall

continue to be vested in the department of agriculture and markets and

shall continue to be exercised and performed therein by or through the

commissioner of agriculture and markets or the appropriate division,

bureau, board or officer thereof as prescribed by or pursuant to law,

together with such functions, powers and duties as hereafter may be

conferred or imposed upon such department by law. All the provisions of

this chapter shall apply to the department of agriculture and markets

continued by this chapter as hereby amended and to the commissioner of

agriculture and markets and to the divisions, bureaus and officers of

such department, in so far as such provisions are not inconsistent with

this subdivision.

30. Investigate, inspect and supervise the sale and exposure for sale

of meat and meat preparations and enforce the provisions of sections two

hundred one-a, two hundred one-b and two hundred one-c of this chapter

relating thereto, designate an employee of the department as "director

of kosher law enforcement" and to make such rules and regulations

imposing such additional requirements and restrictions upon such sale

and exposure for sale as may be deemed necessary in connection with or

in aid of the proper administration and enforcement of such provisions

and of any other applicable laws.

30-a. Whenever under this chapter a person may elect to petition

therefor, the commissioner may in his discretion establish inspection of

petitioner's meat by-products or meat food products, and shall determine

the actual cost of inspection thereof and shall require and receive

quarterly the pre-payment of fees for such inspection services in

amounts not exceeding the actual cost. The commissioner shall establish

in the name of such petitioner an inspection fund to maintain such

inspection services and any unexpended funds which may remain over and

above the amount needed for such inspection or service shall be paid to

the petitioner at the close of each fiscal year.

31. Adopt, promulgate and make effective plans, rules and orders with

respect to the furnishing of care for children under fourteen years of

age, including children temporarily within the state, whose parent or

parents are seasonally or temporarily employed by canners, growers and

processors of foods and foodstuffs, and to expend or allocate moneys for

such purposes out of moneys appropriated to the department on such terms

and conditions as he may deem proper provided that he finds such action

is necessary in order to maintain an adequate supply of labor or to

avoid waste in the growing, harvesting and processing of food. The

commissioner is authorized to enter into contracts approved by the

attorney-general, the state comptroller and the director of the budget

with non-profit membership corporations providing such care. Such

contracts shall specify the terms and standards of operation and shall

limit the total financial responsibility of the state to a specified sum

which shall not exceed the amount appropriated for such purpose.

32. Receive and disburse federal moneys allotted to the state by or

pursuant to the federal agricultural marketing act of nineteen hundred

forty-six as amended, or any other act of the congress making

appropriation for the allocation among the states for research into

basic laws and principles relating to agriculture and to improve and

facilitate the marketing and distribution of agricultural products, and

for any other purpose relating to agriculture or marketing agricultural

products; on behalf of the state, to adopt, execute and administer plans

and to put into effect such measures as may be necessary for research

into basic laws and principles relating to agriculture and to improve

and facilitate the marketing and distribution of agricultural products;

on behalf of the state, to make and execute such contracts, agreements,

covenants or conditions, not inconsistent with law, as may be necessary

or required by any duly constituted agency of the federal government as

a condition precedent to receiving such funds or in connection with such

research; to cooperate with all federal, state or local authorities, or

other agencies, authorized under such acts of congress to carry out the

purposes thereof; to adopt and from time to time to amend such rules and

regulations and to prescribe such conditions, not inconsistent with law,

as may be necessary to make available to the people of the state the

benefits afforded by such acts of congress; and to enforce all the

provisions of this subdivision and the rules adopted pursuant hereto.

The department of taxation and finance is designated as custodian of all

federal-aid funds allotted to the state for the purposes of this

subdivision by the United States and such funds shall be payable only on

the audit and warrant of the comptroller on certificate of the

commissioner as provided in section one hundred ten of the state finance

law.

33. Require each applicant for a license, permit or registration or

renewal thereof authorized to be issued by the commissioner under the

provisions of this chapter to satisfy the commissioner that such

applicant is or will be in compliance with all ordinances or local laws

of the county, city, town and village in which such business or

occupation will be conducted bearing thereon. The commissioner's

approval of an application shall not, however, be construed in any way

as certifying that such ordinances or local laws have been complied

with.

34. Contract with Cornell university or the New York state veterinary

college at Cornell for the planning, design and construction of an

animal disease diagnostic laboratory at the state veterinary college at

Cornell university.

35. Investigate, inspect, and supervise all sanitary aspects relative

to the production, processing, sale and distribution of milk and milk

products.

36. Require that a written instrument submitted pursuant to this

chapter or a rule or regulation adopted pursuant thereto contain a form

notice to the effect that false statements made therein are punishable

pursuant to section 210.45 of the penal law or, where the commissioner

deems necessary, require that any such instrument be subscribed under

oath.

37. Provide for the operation of the state soil and water conservation

committee pursuant to the soil and water conservation districts law.

38. Establish and maintain a statewide registry of brands for

livestock owners to voluntarily register the brand they use to brand

their livestock.

39. (a) Establish a program in the state for the planning, design and

implementation of integrated pest management. Under such a program the

department may contract with Cornell university or the New York state

college of agriculture and life sciences at Cornell university, and

shall encourage such contractor to seek federal and private sources of

funds for such program. The department shall submit a quinquennial

report of such integrated pest management program to the governor, the

senate finance committee and the assembly ways and means committee on or

before January first, two thousand seven and on or before January first

of each fifth year thereafter. Such report shall include, but not be

limited to:

i. an identification of all revenue sources, including non-state

funds, and an identification of expenditures made within each

agricultural production area, as described in article eleven of this

chapter;

ii. an evaluation and description of the status of implementation with

each agricultural production area and the achievements of each objective

outlined in such article eleven made in the previous five years; and

iii. the overall status of the program and multi-year timetable for

the future implementation of the program.

(b) Between report due dates, the department shall maintain the

necessary records and data to satisfy such report requirements and to

satisfy information requests received from the governor, the senate

finance committee and the assembly ways and means committee, between

such report due dates.

40. Establish and administer, together with the state soil and water

conservation committee and the Cornell cooperative extension, a

voluntary program to encourage agricultural environmental planning and

implementation. The program shall promote farming practices which are

compatible with state water quality and other environmental objectives,

and may include training and certification of agricultural planners;

educational outreach to producers of farm products; technical and

financial assistance to farm operators; consultation and coordination

with federal, state and local agencies; and periodic evaluation and

assessment of program effectiveness.

41. (a) Establish and maintain New York state domestic animal health

assurance programs, voluntary, on-farm, integrated disease prevention

programs, directed at improving animal health and promoting a safe and

wholesome food supply. Such programs may include but are not limited to

the New York state cattle and horse health assurance programs. To carry

out such programs, the department may contract with public, private and

academic entities and shall encourage such entities to seek federal and

private sources of funds for such programs.

(b) Any proprietary farm protocol, animal or herd testing information

and/or producer herd data maintained in confidence and voluntarily

provided by an owner or operator of a farm operation as defined in

section three hundred one of this chapter to participate in a voluntary

cattle health program established pursuant to this subdivision shall be

exempt from public disclosure. The submission of any such information or

records by the owner or operator of a farm operation does not constitute

a waiver of any applicable privilege or protection under federal or

state law.

(c) The exemption described in paragraph (b) of this subdivision shall

not apply to: (1) information collected or created as part of a federal,

state, or local health agency investigation or official action taken in

connection with a public health risk; and (2) records that do not

identify and cannot be used to discern the identity of any participating

farm.

42. (a) For purposes of making timely determinations and consulting

with the chairman of the state liquor authority pursuant to subdivision

five of section seventy-six-a of the alcoholic beverage control law,

investigate and compile information relative to natural disasters, acts

of God, or continued adverse weather conditions which shall affect: (i)

the crop of grapes or other fruit products used in the production of

wine; and/or (ii) the crop of apples used in the production of cider.

(b) For purposes of making timely determinations and consulting with

the chairman of the state liquor authority pursuant to subdivision

eleven of section fifty-one-a of the alcoholic beverage control law,

investigate and compile information relative to natural disasters, acts

of God, or continued adverse weather conditions which shall affect: (i)

the necessary ingredients for brewing beer; and/or (ii) the crop of

apples used in the production of cider.

(c) For purposes of making timely determinations and consulting with

the chairman of the state liquor authority pursuant to subdivision

twelve of section fifty-one-a and subdivision eleven of section

fifty-eight-c of the alcoholic beverage control law, investigate and

compile information relative to natural disasters, acts of God, or

continued adverse weather conditions which shall affect the crop of

apples used in the production of cider.

43. Cooperate with the department of environmental conservation and

the environmental facilities corporation to establish methods to

facilitate loans to New York state's agricultural community, to develop

educational materials for farmers about the low-interest loans available

through the water pollution control linked deposit program, and to

develop an application form to be provided to lenders for linked deposit

loan requests. The department may promulgate rules and regulations

necessary and reasonable for the operation of the program.

44. Encourage and support the practice of forestry and manufacture of

wood products in the state, in coordination with the departments of

environmental conservation and economic development; and provide for the

operation of the wood products development council as established in

section two hundred twenty-five of this chapter.

45. When considering plans, policies, regulations and programs

pursuant to article fourteen of this chapter, the commissioner shall

take into consideration the impact on the horticulture and other plant

based industries in the state of New York, including but not limited to

greenhouse, nursery, and fruit and vegetable production.

46. Within the amount of monies appropriated or otherwise made

available therefor, establish, administer and operate, or provide for

the administration and operation of, a program, which may include

establishment of a revolving loan fund, to assist in the development,

implementation and operation of agricultural programs.

47. Evaluate, in conjunction with the state office for the aging,

programs and services offered by the department to ensure that they

support the needs of farmers, and other individuals engaged in

agriculture, and the production, processing, marketing and distributing

of food, who are also seniors, which shall mean an individual sixty

years of age or older.

48. Make available in written and electronic medium, in a manner

readily accessible to police agencies and officers and district

attorneys, information about animal cruelty and protection laws in this

chapter, including, but not limited to, article twenty-six of this

chapter and section seven hundred fifty-three-f of the general business

law. The development of such information shall be coordinated with the

division of criminal justice services, including the municipal police

training council, in a manner designed to enhance training of municipal

police officers and to assist such officers and district attorneys in

enforcing and applying such laws.

49. Make available, in consultation with the department of

environmental conservation and institutions of higher education with

expertise in pollinator protection, information concerning minimum

guidelines for vegetation management plans used by any person who

intends to develop their property or commercial enterprise, such as

solar electric generating systems, in a manner that is pollinator

friendly or provides benefits and protection to pollinators. Such

information may include guidelines for short-term and long-term property

management practices that provide and maintain native perennial

vegetation to protect the health and well-being of pollinators

including, but not limited to the percentage of the property that may be

covered with native perennial vegetation; the type, amount, and

diversity of native perennial vegetation that may be maintained on the

property; the number of seasons and the minimum number of species of

native perennial vegetation that may be in bloom; maintenance practices

to be used; the use of pesticides; the width and composition of buffers

adjacent to the property; and any other guidelines established by the

department.

50. Develop, in consultation with the commissioner of the department

of health and the New York state land grant university, best-practice

recommendations for treatment, prevention and management of livestock

and farm property to protect against Asian longhorned ticks. Such

recommendations shall be based upon scientific data and shall include,

but not be limited to, the use of landscape techniques demonstrated to

be safe for livestock, people, pets and the environment, methods to

discourage rodent activity, and, the effective use of pesticides, as

defined in subdivision thirty-five of section 33-0101 of the

environmental conservation law, including usage information and any

label warnings or caution statements. The commissioner, in consultation

with the department of environmental conservation and the New York state

land grant university, shall develop and distribute to farmers

information on Asian longhorned tick treatment, management, and

prevention. Such information and recommendations shall also be made

available on the department's website.

51. And shall take any measures necessary to prohibit any person from

attaching or affixing to state owned property on the grounds of the

state fair any symbols of hate, as defined in section one hundred

forty-six of the public buildings law, or any similar image, or tangible

personal property, inscribed with such an image, unless the image

appears in a book, digital medium, or otherwise serves an educational or

historical purpose.

52. Develop and maintain a publicly available searchable directory of

New York state farms and farm products on the department's website. The

website directory shall include all farms located within the state and

shall, when known, list the products available for purchase and contact

information for each farm, unless a farm opts out of being included in

the directory by notifying the department of such option. The department

shall provide farms with the ability to signify that they are interested

in supplying schools on the directory. The department shall update the

website directory at least every two years.