NY Agric & Mkts L § 16 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties 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 grown, produced, harvested, or processed in New York state  and assist  such businesses in identifying such food or food 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.   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.   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.   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 the crop of grapes or other fruit products used in the production of wine.  (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  the necessary ingredients for brewing beer.  (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. 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.