2023 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, 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.
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 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.
* NB Effective until December 15, 2024
* 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.
* NB Effective December 15, 2024
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.