Title AGM, Agriculture & Markets

§ 324. County agricultural and farmland protection plans. 1. County\nagricultural and farmland protection boards may develop plans, in\ncooperation with the local soil and water conservation district and soil\nconservation service, which shall include, but not be limited to:\n (…

§ 324-a. Municipal agricultural and farmland protection plans. 1.\nMunicipalities may develop agricultural and farmland protection plans,\nin cooperation with cooperative extension and other organizations,\nincluding local farmers. These plans shall include, but not be limited\n…

§ 325. Agricultural protection. 1. Subject to the availability of\nfunds, a program is hereby established to finance through state\nassistance payments the state share of the costs of locally-led\nagricultural and farmland protection activities. State assistance\npayments for pl…

§ 325-a. State assistance payments to not-for-profit conservation\norganizations. 1. Subject to the availability of funds, a program is\nhereby established for the purpose of awarding state assistance to\nnot-for-profit conservation organizations for activities that will\nassist…

§ 326. Promulgation of rules and regulations. The commissioner is\nempowered to promulgate such rules and regulations and to prescribe such\nforms as he or she deems necessary to effectuate the purposes of this\narticle.\n

§ 327. Legislative intent. The legislature hereby finds, determines\nand declares that the New York agriculture industry has a substantial\nimpact on the overall economic health and well-being of the state.\nFurthermore, state farms preserve approximately 7.7 million acres of\no…

§ 328. Definitions. For purposes of this article, the following terms\nshall have the following meanings:\n 1. "Program" shall mean the farmland viability program.\n 2. "Agricultural product" shall mean any agricultural or aquacultural\nproduct of the soil or water, including bu…

§ 329. Farmland viability program. The commissioner shall initiate and\nmaintain a state farmland viability program within the department which\nis intended to improve the profitability and efficiency of participating\nfarms. The program shall provide technical and financial ass…

§ 33. Immunity of witnesses. In any investigation, hearing or\ninquiry, conducted pursuant to this chapter or the rules of the\ndepartment, the commissioner, or his deputy or other officer presiding\nat such investigation, hearing or inquiry, may confer immunity in\naccordance w…

§ 330. Matching grant program. 1. Subject to the availability of\nfunds, a matching grant program is hereby established to effectuate the\npurposes of the program. Grants to applicants, other than a county\nagricultural and farmland protection board, shall not exceed\nseventy-fi…

§ 331. Abandonment of certain animals. An animal is deemed to be\nabandoned when it is placed in the custody of a veterinarian, veterinary\nhospital, boarding kennel owner or operator, stable owner or operator,\nor any other person for treatment, board, or care and:\n 1. Having …

§ 332. Disposition. Any person having in his or her care, custody, or\ncontrol any abandoned animal, as defined in section three hundred\nthirty-one of this article, may deliver such animal to any duly\nincorporated society for the prevention of cruelty to animals or any\nduly i…

§ 333. Short title. This article shall be known and may be cited as\nthe "farm employer overtime credit program."\n

§ 334. Definitions. For the purposes of this article:\n 1. "Commissioner" shall mean the commissioner of agriculture and\nmarkets.\n 2. "Department" shall mean the department of agriculture and markets.\n 3. "Eligible farm employee" shall mean an individual who meets the\ndefini…

§ 335. Tax credit; overtime expense certification. 1. A qualified farm\nemployer who is issued an overtime expense certificate by the department\nmay be allowed a credit pursuant to section forty-two-a of the tax law\nequal to one hundred eighteen percent of the aggregate amount…

§ 34. Practice on hearings; attendance and examination of witnesses.\n1. The practice on all investigations and hearings conducted or\ninstituted as provided in this chapter shall be governed by the rules of\nthe department, and in all such hearings or investigations where\ntest…

§ 35. Proceedings in court. If it appear after an investigation or\nhearing conducted as herein provided that any person, association or\ncorporation is guilty of a violation of the provisions of this chapter\nor of any other act the enforcement of which is within the jurisdicti…

§ 350. Definitions. 1. "Animal," as used in this article, includes\nevery living creature except a human being;\n 2. "Torture" or "cruelty" includes every act, omission, or neglect,\nwhereby unjustifiable physical pain, suffering or death is caused or\npermitted.\n 3. "Adoption"…

§ 351. Prohibition of animal fighting. 1. For purposes of this\nsection, the term "animal fighting" shall mean any fight between cocks\nor other birds, or between dogs, bulls, bears or any other animals, or\nbetween any such animal and a person or persons, except in exhibitions\…

§ 353. Overdriving, torturing and injuring animals; failure to provide\nproper sustenance. A person who overdrives, overloads, tortures or\ncruelly beats or unjustifiably injures, maims, mutilates or kills any\nanimal, whether wild or tame, and whether belonging to himself or to…

§ 353-a. Aggravated cruelty to animals. 1. A person is guilty of\naggravated cruelty to animals when, with no justifiable purpose, he or\nshe intentionally kills or intentionally causes serious physical injury\nto a companion animal with aggravated cruelty. For purposes of this\…

§ 353-b. Appropriate shelter for dogs left outdoors. 1. For purposes\nof this section:\n (a) "Physical condition" shall include any special medical needs of a\ndog due to disease, illness, injury, age or breed about which the owner\nor person with custody or control of the dog s…

§ 353-c. Electrocution of fur-bearing animals prohibited. 1.\nNotwithstanding any other provision of law, no person shall\nintentionally kill, or stun to facilitate the killing of, a fur-bearing\nanimal by means of an electrical current. For the purpose of this\nsection, "fur-be…

§ 353-d. Confinement of companion animals in vehicles: extreme\ntemperatures. 1. A person shall not confine a companion animal in a\nmotor vehicle in extreme heat or cold without proper ventilation or\nother protection from such extreme temperatures where such confinement\nplace…

§ 353-e. Companion animal grooming facilities; prohibited practices.\n1. As used in this section:\n (a) "Cage and box dryer" means a product that is attached to or near a\ncage or box for the purpose of drying or aiding in the drying of a\ncompanion animal contained in a cage or…

§ 353-f. Companion animal piercing and tattooing prohibited. 1. No\nperson shall pierce or cause to have pierced a companion animal unless\nsuch piercing provides a medical benefit to the companion animal. Such\npiercing shall be performed by a licensed veterinarian or under the…

§ 354. Sale of baby chicks and baby rabbits. 1. No person shall sell,\noffer for sale, barter or give away living baby chicks, ducklings or\nother fowl or baby rabbits unless such person provides proper brooder\nfacilities where appropriate for the care of such baby chicks, duck…

§ 355. Abandonment of animals. A person being the owner or possessor,\nor having charge or custody of an animal, who abandons such animal, or\nleaves it to die in a street, road or public place, or who allows such\nanimal, if it become disabled, to lie in a public street, road o…

§ 356. Failure to provide proper food and drink to impounded animal. A\nperson who, having impounded or confined any animal, refuses or neglects\nto supply to such animal during its confinement a sufficient supply of\ngood and wholesome air, food, shelter and water, is guilty of…

§ 357. Selling or offering to sell or exposing diseased animal. A\nperson who wilfully sells or offers to sell, uses, exposes, or causes or\npermits to be sold, offered for sale, used or exposed, any horse or\nother animal having the disease known as glanders or farcy, or other\…

§ 358. Selling disabled Equidae. It shall be unlawful for any person\nholding an auctioneer's license knowingly to receive or offer for sale\nor to sell at public auction, other than at a sheriff's or judicial sale\nunder a court order, any Equidae which by reason of debility, d…

§ 358-a. Live animals as prizes prohibited. 1. For the purposes of\nthis section "livestock" shall mean any domesticated sheep, goat, horse,\ncattle or swine.\n 2. No person shall give or offer to give away as a prize, or exchange\nor offer to exchange for nominal consideration,…

§ 359. Carrying animal in a cruel manner. 1. A person who carries or\ncauses to be carried in or upon any vessel or vehicle or otherwise, any\nanimal in a cruel or inhuman manner, or so as to produce torture, is\nguilty of a misdemeanor, punishable by imprisonment for not more t…

§ 359-a. Transportation of horses. 1. Every vehicle utilized for the\ntransportation of more than six horses shall meet the following\nrequirements:\n a. The interiors of compartments containing horses shall be\nconstructed of smooth materials, containing no sharp objects or\npr…

§ 36. Orders and service thereof. 1. If it be ascertained after an\ninvestigation or hearing conducted as herein provided, that any person,\nassociation or corporation has failed to comply with or is guilty of a\nviolation of the provisions of this chapter or of a rule of the\nd…

§ 36-a. Petition for revocation or modification of rule or order of\nthe commissioner. Any person subject to a rule or order of the\ncommissioner, promulgated under the provisions of article four, article\nfour-a, or article twenty-one of this chapter, may file a written\npetiti…

§ 360. Poisoning or attempting to poison animals. A person who\nunjustifiably administers any poisonous or noxious drug or substance to\na horse, mule or domestic cattle or unjustifiably exposes any such drug\nor substance with intent that the same shall be taken by horse, mule …

§ 361. Interference with or injury to certain domestic animals. A\nperson who wilfully or unjustifiably interferes with, injures, destroys\nor tampers with or who willfully sets on foot, instigates, engages in or\nin any way furthers any act by which any horse, mule, dog or any …

§ 362. Throwing substance injurious to animals in public place. A\nperson who wilfully throws, drops or places, or causes to be thrown,\ndropped or placed upon any road, highway, street or public place, any\nglass, nails, pieces of metal, or other substance which might wound,\nd…

§ 363. Unauthorized possession of dogs presumptive evidence of\nlarceny. The unauthorized possession of a dog or dogs, by any person not\nthe true owner, for a period exceeding ten days, without notifying\neither the owner, the local police authorities, or the superintendent of\…

§ 364. Running horses on highway. A person driving any vehicle upon\nany plank road, turnpike or public highway, who unjustifiably runs the\nhorses drawing the same, or causes or permits them to run, is guilty of\na misdemeanor, punishable by imprisonment for not more than one y…

§ 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts\noff or causes or procures another to clip or cut off the whole or any\npart of an ear of any dog unless an anaesthetic shall have been given to\nthe dog and the operation performed by a licensed veterinarian,…

§ 366. Companion animal stealing. It shall be unlawful for any person:\n 1. To remove or cause to be removed the collar, identification tag or\nany other identification by which the owner may be ascertained from any\ndog, cat or any other companion animal as defined in subdivisi…

§ 366-a. Removing, seizing or transporting dogs for research purposes.\nIt shall be unlawful for any person:\n 1. To remove, seize or transport or cause to remove, seize or\ntransport any dog which belongs to or is licensed to another for the\npurpose of sale, barter or to give …

§ 367. Leaving state to avoid provisions of this article. A person who\nleaves this state with intent to elude any of the provisions of this\narticle or to commit any act out of this state which is prohibited by\nthem or who, being a resident of this state, does any act without …

§ 368. Operating upon tails of horses unlawful. 1. Any person who cuts\nthe bone, tissues, muscles or tendons of the tail of any horse, mare or\ngelding, or otherwise operates upon it in any manner for the purpose or\nwith the effect of docking, setting, or otherwise altering th…

§ 369. Interference with officers. Any person who shall interfere with\nor obstruct any constable or police officer or any officer or agent of\nany duly incorporated society for the prevention of cruelty to animals\nin the discharge of his duty to enforce the laws relating to an…

§ 37. Review by court. A decision by the commissioner rendered as\nprovided in the preceding section shall be subject to review in the\nmanner provided by article seventy-eight of the civil practice law and\nrules. The pleadings upon which such review proceeding is instituted\ns…

§ 370. Protection of the public from attack by wild animals and\nreptiles. Any person owning, possessing or harboring a wild animal or\nreptile capable of inflicting bodily harm upon a human being, who shall\nfail to exercise due care in safeguarding the public from attack by su…

§ 371. Powers of peace officers. A constable or police officer must,\nand any agent or officer of any duly incorporated society for the\nprevention of cruelty to animals may issue an appearance ticket pursuant\nto section 150.20 of the criminal procedure law, summon or arrest, a…