Title AGM, Agriculture & Markets

§ 281. Declaration of legislative findings and intent. The legislature\nhereby finds that inflation has caused higher prices in all phases of\nfarm and food production and farm and food products distribution; and\nthat the demand, by consumers within the state, for increasing su…

§ 282. Definitions. As used in this article:\n 1. "Direct marketing" means the sale of farm and food products\ndirectly from producers to consumers and food buyers.\n 2. "Farm and food product" means any agricultural, horticultural,\nforest, or other product of the soil or water…

§ 283. Powers and duties of the commissioner. The commissioner shall\nhave the powers and duties to:\n 1. Develop and implement programs designed to facilitate direct\nmarketing.\n 2. Encourage direct marketing through the cooperative selling and\nbuying of farm products or prod…

§ 284. Establishment of statewide direct marketing activities. The\ndepartment shall conduct statewide direct marketing activities which\nshall include, but not be limited to, the following:\n 1. Communications and promotion of direct marketing activities, to\ninclude, where app…

§ 284-a. Establishment of farm trails, apple trails and cuisine\ntrails. 1. Marketing activities and designation of trails. The\ndepartment shall conduct statewide and regional marketing activities\nwhich shall include, but not be limited to, the designation of farm\ntrails, app…

§ 286. Appropriation and apportionment of moneys for the promotion of\nagriculture and domestic arts. 1. There shall be appropriated annually\nfor the department of agriculture and markets an amount of money\nsufficient to pay and satisfy the reimbursement moneys herein specifie…

§ 286-a. Construction of certain terms of lease of lands used for fair\npurposes. The inability of any agricultural society entitled to receive\nmoneys from the state under section two hundred eighty-six of this\nchapter, to hold its annual fair or exposition on lands leased to …

§ 287. Supervision of agricultural fairs and expositions. The\ncommissioner, after consultation with the dean of the State College of\nAgriculture at Cornell University, shall have power to establish and\npromulgate from time to time standards for the conduct of such fairs and\n…

§ 288. Gambling; obscene shows; state police enforcement. No immoral,\nlewd, obscene or indecent show or exhibition, and no gambling device or\ndevices, instrument or contrivance in the operation of which bets are\nlaid or wagers made, wheel of fortune, or game of chance, shall …

§ 290. Association of farmers; powers of. Any association of farmers,\nresiding in any neighborhood, town or county in this state, now, or\nhereafter to be organized, and acting under a constitution and by-laws\nadopted by themselves for their guidance, which shall be filed in t…

§ 291. Legislative declaration. It is hereby declared that the\nmarketing of agricultural commodities and aquatic products in this\nstate, in excess of reasonable and normal market demands therefor;\ndisorderly marketing of such commodities; improper preparation for\nmarket and …

§ 292. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Agricultural commodity" means any and all agricultural,\nhorticultural, vineyard products, corn for grain, oats, soybeans,\nbarley, wheat, poultry or poultry produ…

§ 293. Powers and duties of the commissioner. 1. In order to\neffectuate the declared policy of this article, the commissioner may,\nafter due notice and opportunity for hearing, approve marketing\nagreements, which marketing agreements shall thereupon be binding upon\nthe signa…

§ 294. Rules and regulations; enforcement. 1. The commissioner may\nmake and promulgate such rules and regulations as may be necessary to\neffectuate the provisions and intent of this article and to enforce the\nprovision of any marketing agreement or order, all of which shall h…

§ 296. Legislative findings and intent. Agriculture, a leading\nindustry in the state, is the foundation upon which hundreds of\nthousands of jobs are based. Agriculture related employment is found not\nonly in the production of crops and other basic foods, but also in the\nproc…

§ 297. Food and agriculture industry development; program created. 1.\nCreation. There is hereby created within the department a food and\nagriculture industry development program.\n 2. Purpose. The purpose of the food and agriculture industry\ndevelopment program shall be to sh…

§ 3. Declaration of policy and purposes. The agricultural industry is\nbasic to the life of our state. It vitally concerns and affects the\nwelfare, health, economic well-being and productive and industrial\ncapabilities of all our people. It is the policy and duty of the state\…

§ 300. Declaration of legislative findings and intent. It is hereby\nfound and declared that many of the agricultural lands in New York state\nare in jeopardy of being lost for any agricultural purposes. When\nnonagricultural development extends into farm areas, competition for\…

§ 301. Definitions. When used in this article:\n 1. "Agricultural assessment value" means the value per acre assigned\nto land for assessment purposes determined pursuant to the capitalized\nvalue of production procedure prescribed by section three hundred four-a\nof this articl…

§ 302. County agricultural and farmland protection board. 1. (a) A\ncounty legislative body may establish a county agricultural and farmland\nprotection board which shall consist of eleven members, at least four of\nwhom shall be active farmers. At least one member of such board…

§ 303. Agricultural districts; creation. 1. Any owner or owners of\nland may submit a proposal to the county legislative body for the\ncreation of an agricultural district within such county, provided that\nsuch owner or owners own at least two hundred fifty acres of the land\np…

§ 303-a. Agricultural districts; review. 1. The county legislative\nbody shall review any district created under section three hundred three\nof this article eight years after the date of its creation and at the\nend of every eight year period thereafter.\n 2. In conducting a di…

§ 303-b. Agricultural districts; inclusion of viable agricultural\nland. 1. The legislative body of any county containing a certified\nagricultural district shall designate an annual thirty-day period within\nwhich a land owner may submit to such body a request for inclusion of\…

§ 303-c. Consolidation of agricultural districts. Existing\nagricultural districts may be consolidated with an existing district\nundergoing review pursuant to and in the same manner prescribed for\ndistrict review in section three hundred three-a of this article. The\nnotice of…

§ 304-a. Agricultural assessment values. 1. Agricultural assessment\nvalues shall be calculated and certified annually in accordance with the\nprovisions of this section.\n 2. a. The commissioner of agriculture and markets shall establish and\nmaintain an agricultural land class…

§ 304-b. Agricultural district data reporting. 1. The commissioner\nshall file a written report with the governor and the legislature on\nJanuary first, two thousand eight and biennially thereafter, covering\neach prior period of two years, concerning the status of the\nagricult…

§ 305. Agricultural districts; effects. 1. Agricultural assessments.\na. Any owner of land used in agricultural production within an\nagricultural district shall be eligible for an agricultural assessment\npursuant to this section. If an applicant rents land from another for\nus…

§ 305-a. Coordination of local planning and land use decision-making\nwith the agricultural districts program. 1. Policy of local governments.\na. Local governments, when exercising their powers to enact and\nadminister comprehensive plans and local laws, ordinances, rules or\nr…

§ 305-b. Agricultural data statement. 1. Submission, evaluation. Any\napplication for a special use permit, site plan approval, use variance,\nor subdivision approval requiring municipal review and approval by a\nplanning board, zoning board of appeals, town board, or village bo…

§ 305-c. Review of proposed rules and regulations of state agencies\naffecting the agricultural industry. Upon request of the state advisory\ncouncil on agriculture, or upon his or her own initiative, the\ncommissioner may review and comment upon a proposed rule or regulation\nb…

§ 306. Agricultural lands outside of districts; agricultural\nassessments. 1. Any owner of land used in agricultural production\noutside of an agricultural district shall be eligible for an\nagricultural assessment as provided herein. If an applicant rents land\nfrom another for…

§ 307. Promulgation of rules and regulations. The commissioner of\ntaxation and finance and the commissioner are each empowered to\npromulgate such rules and regulations and to prescribe such forms as\neach shall deem necessary to effectuate the purposes of this article.\nWhere …

§ 308. Right to farm. 1. a. The commissioner shall, in consultation\nwith the state advisory council on agriculture, issue opinions upon\nrequest from any person as to whether particular agricultural practices\nare sound.\n b. Sound agricultural practices refer to those practice…

§ 308-a. Fees and expenses in certain private nuisance actions. 1.\nDefinitions. For purposes of this section:\n a. "Action" means any civil action brought by a person in which a\nprivate nuisance is alleged to be due to an agricultural practice on any\nland in an agricultural d…

§ 309. Advisory council on agriculture. 1. There shall be established\nwithin the department the advisory council on agriculture, to advise and\nmake recommendations to the state agencies on state government plans,\npolicies and programs affecting agriculture, as outlined below,…

§ 309-a. Beginning farmer advisory board on agriculture. 1. There\nshall be established within the department the beginning farmer advisory\nboard on agriculture, to advise and make recommendations to the state\nagencies on state government plans, policies and programs affecting…

§ 31. Fair grounds. The property described in the conveyance to the\nstate by the New York state agricultural society of its property in the\ntown of Geddes, Onondaga County, New York, by deed dated July\ntwenty-eight, eighteen hundred and ninety-nine, and recorded in the\noffic…

§ 31-a. Organization. There shall continue to be in the department a\ndivision to be known as the division of the New York state fair. The\nhead of such division shall be a director, who shall be appointed by the\ncommissioner. In addition to the functions, powers and duties pro…

§ 31-b. State fair. It shall be the duty of the department to hold a\nstate fair to be known as the New York state fair at such times as it\nmay deem proper, and between January first and February fifteenth in\neach calendar year to publish the time for holding said fair in such…

§ 31-c. Receipts and disbursements. The department shall receive all\nmoneys payable to the state on account of said fair and make all\ndisbursements therefrom and also from any appropriation made for that\npurpose by the legislature as may be needed, from time to time, in\ncarr…

§ 31-f. Legislative findings. The legislature hereby finds and\ndeclares that community gardens provide significant health, educational\nand social benefits to the general public, especially for those who\nreside in urban and suburban areas of this state. Furthermore, it is the\…

§ 31-g. Definitions. As used in this article, unless another meaning\nis clearly indicated:\n 1. "Community garden" shall mean public or private lands upon which\ncitizens of the state have the opportunity to garden on lands which they\ndo not individually own.\n 2. "Garden" sha…

§ 31-h. Office of community gardens; powers; duties. 1. The\ncommissioner shall establish within the department an office of\ncommunity gardens which shall have the authority and responsibility for\ncarrying out the provisions of this article in cooperation with the\nstate depar…

§ 31-i. Use of state or municipally owned land for community gardens.\n1. Any state agency or municipality with title in fee or of a lesser\ninterest to vacant public land may permit community organizations to use\nsuch lands for community gardening purposes. Such use of vacant …

§ 31-j. Community gardens task force. 1. The commissioner shall\nconvene a community gardens task force to identify and develop ways to\nencourage state agencies, municipalities and private parties to\nestablish and expand community gardens and the activities conducted by\nsuch …

§ 310. Disclosure. 1. When any purchase and sale contract is presented\nfor the sale, purchase, or exchange of real property located partially\nor wholly within an agricultural district established pursuant to the\nprovisions of this article, the prospective grantor shall presen…

§ 32. Investigations and proceedings. 1. The commissioner, or any\nofficer of the department when authorized by the commissioner, may\ninvestigate and report as to all matters within or pertaining to the\npowers and jurisdiction of the department, and for the purposes of\ncarryi…

§ 321. Statement of legislative findings and intent. It is hereby\nfound and declared that agricultural lands are irreplaceable state\nassets. In an effort to maintain the economic viability, and\nenvironmental and landscape preservation values associated with\nagriculture, the …

§ 322. Definitions. When used in this article:\n 1. "Agricultural and farmland protection" means the preservation,\nconservation, management or improvement of lands which are part of\nviable farming operations, for the purpose of encouraging such lands to\nremain in agricultural…

§ 323. State agricultural and farmland protection program. The\ncommissioner shall initiate and maintain a state agricultural and\nfarmland protection program to provide financial and technical\nassistance, within funds available, to counties, municipalities, soil\nand water con…