N.Y. Agriculture & Markets Law § 260: Definitions

§ 260. Definitions. As used in this article:

1. "Farmers' market" shall mean any building, structure or place, the

property of a municipal corporation or under lease to or in possession

of a public or private agency, individual or business used or intended

to be used by two or more producers for the direct sale of a diversity

of farm and food products, as defined in subdivision four of this

section, from producers to consumers and food buyers. Such market may

also include facilities for the packing, shipping, first-instance

processing or storage of farm and food products, and shall include all

equipment used or intended to be used in connection with such

facilities. Such market may also include other businesses which

reasonably serve the public or make the market more convenient,

efficient, profitable or successful, including, but not limited to, food

service, baking, and non-food retailing.

2. "Public market" shall mean any building, structure or place,

operated on a not-for-profit basis in the public interest for the

buying, selling or keeping for sale of farm and food products at retail

and/or wholesale, and may include a farmers' market.

3. "Producer" shall mean any person or persons who grow, produce, or

cause to be grown or produced any farm or food products in New York

state.

4. "Farm and food product" shall mean any agricultural, horticultural,

forest, or other product of the soil or water, including but not limited

to, fruits, vegetables, eggs, dairy products, meat and meat products,

poultry and poultry products, fish and fish products, grain and grain

products, honey, nuts, preserves, maple sap products, apple cider, fruit

juice, wine, ornamental or vegetable plants, nursery products, flowers,

firewood and Christmas trees.

5. "First-instance processing" shall mean the washing, grading and

packaging of farm and food products in connection with a farmers'

market.

6. "Storage" shall mean a facility or equipment with a refrigerated,

controlled atmosphere, or other enclosed unit used for the purpose of

long-term storage of farm and food products in connection with a

farmers' market.

7. "Public or private agency" shall mean any agency of federal, state

or local government, regional market authority, public benefit

corporation, not-for-profit corporation, cooperative corporation or

educational institution.

8. "Rural area" shall mean a town having a population density of less

than one hundred fifty persons per square mile or a county having a

population of two hundred thousand or less as reflected in the latest

federal census.

9. "Food desert" shall mean an area with limited access to affordable

and nutritious food, particularly such an area that is composed of

predominately lower-income neighborhoods and communities.