December 15, 2001

The Honorable Sheldon Silver
Speaker of the Assembly
Room 349, State Capitol
Albany, New York 12248

Dear Speaker Silver,

As Chairperson of the Assembly Standing Committee on Agriculture, I respectfully submit to you the 2001 Annual Report. I have outlined the Committee’s significant legislation and our outlook for the 2002 Session.

The Committee was successful this year in promoting legislation that was crucial in helping family farms remain solvent and profitable, by providing funding for critical farm programs and research, reducing regulatory burdens for agriculture, and enhancing the humane treatment of domestic animals. In addition, the Assembly passed legislation that promotes New York State products and provides support for small farm businesses.

Many issues and challenges face the agriculture industry. I look forward to your continued support and leadership in addressing these challenges.

2001 ANNUAL REPORT

OF THE

NEW YORK STATE ASSEMBLY

STANDING COMMITTEE ON AGRICULTURE

William Magee
Chairman

1. Committee Jurisdiction

2. 2001 Committee Accomplishments

   1. Agribusiness Development
   2. Farmland Protection
   3. Dairy Issues
   4. Food Safety
   5. Animal Safety and Control
   6. Other Issues

3. Public Hearings

4. Budget for Agriculture

5. Outlook for 2002

Appendix A: 2001 Summary of Action on All Bills Referred to the Assembly
Committee on Agriculture

Appendix B: 2001 Agriculture Committee Bills
that Became Law

Appendix C: 2001 Agriculture Committee Bills
that Passed the Assembly Only

Appendix D: 2001 Agriculture Committee Bills
that were Vetoed

The Assembly Standing Committee on Agriculture is responsible for legislation that relates to the Agriculture and Markets Law, oversight of the Department of Agriculture and Markets (the Department), and the budget of the Department. The Committee works closely with institutions of higher learning to promote agricultural research and development. The Committee also monitors and, at times, mediates policy disputes and conflicts when agricultural issues are involved.

Some of the major topics investigated by the Committee as part of its legislative and oversight functions include, but are not limited to: food inspections and safety; farmland protection; farm product sales and marketing; agribusiness licensing and regulation; humane treatment of domestic animals and pets; kosher laws; and animal disease. The Committee also works to repeal unnecessary or unenforced laws and programs, if such actions are in the public interest.

The Committee also provides sponsorship, input, and support for agriculture-related program legislation referred to the Committees for Insurance, Labor, and Environmental Conservation.

1. DEVELOPING NEW YORK’S AGRIBUSINESS

   New York State offers many advantages for food processors, including an abundance of quality agricultural produce, an interstate highway network, ports, rail and waterway systems, a plentiful supply of water, and access to large metropolitan centers. However, New York needs to strengthen its leadership role in encouraging the retention and expansion of the food processing sector in the State. The Chairman recognizes this need and places it at the top of his priorities.

   1. Horse Boarding Eligible for Agricultural Assessment

      This proposal would expressly include commercial horse boarding operations within the definition of a "farm operation" under the agricultural districts law. This would provide horse boarders the same protection under the law that other farming operations such as swine and dairy currently receive. Currently horse boarding is not protected from overly restrictive ordinances. (A.3515-A, Magee) (Chapter 388 of the Laws of 2001)

   2. Promoting Urban "Greenmarkets"

      This bill provides for the planning and development of regionally based urban greenmarkets, which are similar to existing Farmers’ Markets. This bill targets the need to provide New York producers with increased market opportunities, and it would assist with the revitalization in cities and urban areas by bringing the products of farmers and craft businesses into the city, allowing them to sell directly to the customer. (A.3140, McEneny) (Passed Assembly)

   3. Promoting Sustainable Agriculture

      This bill would create the Council on Sustainable Agriculture. The Council would integrate rural and urban issues by providing farmers and consumers with information addressing the economic problems of the farm and the consumer’s desire to maintain a sustainable food supply. The Council would provide a comprehensive approach to the financial, energy, environmental, consumer, health, and educational requirements of ecologically sound and economically viable agriculture. Council members would include the Commissioners of Agriculture and Markets, Environmental Conservation and Health, as well as twelve appointments by the Governor. (A.3518, Magee) (Passed Assembly)

   4. Encouraging First-Time Farm Purchasers

      This bill would enact the "First Farm Financing Act," establishing a revolving loan fund to assist first-time buyers of farms. Eligible individuals purchasing their first farm within New York State could receive up to ten percent of the cost of the farm to be used for down payment purposes. The bill would also require the Commissioner of Agriculture and Markets to establish a statewide inventory of farms for sale for the purpose of keeping farmland in agriculture. (A.3519-A, Magee) (Passed Assembly)

   5. Promoting New York Products

      This bill would create the "Agribusiness Development Microbusiness Revolving Loan Fund," to stimulate business and increase the economic value of New York grown products. Agriculture and agribusiness are vital to the economy of the state, especially in rural areas. This bill would improve the economy by encouraging the use of agricultural and forest products in manufacturing enterprises. This bill would assist the producers of agricultural products in establishing their own value-added business enterprises to supplement their farm incomes. (A.5800, Gunther) (Passed Assembly)

   6. Promoting New York Farm Products in Educational Institutions

      This bill would establish 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 provisions of this bill, the Department would work directly with boards of education to establish a promotional event to promote New York products. The legislation would also provide unique opportunities for the Department to work with the Department of Education to establish a beneficial program and report to the Legislature. (A.7684, Ortiz) (Passed Assembly)

2. AGRICULTURAL DISTRICTS (Protecting Farmland)

   New York State has approximately 38,000 farms and six million acres of farmland that produce corn, dairy products, fruits, and vegetables. Unfortunately, the conversion of farmland to forest and suburban housing continues at a rapid rate. Preserving farmland is an important challenge to State government. Programs proposed by the Assembly Agriculture Committee are directed at ensuring that essential farm operations are recognized by regulatory schemes and easing financial burdens on farmers through loan fund programs.

   1. Expanding Definition of Farm Operations

      This law strengthens the right to farm in New York State and protects small farmers by including manure processing and handling facilities within the definition of farm operations. Manure processing is an essential aspect of farming, but it can produce an odor that some individuals find objectionable. As suburban sprawl increases, residents often receive their first contact with farming operations in the form of a scent. Misunderstanding the need to process manure, some local communities passed ordinances to restrict such application. This bill protects farmers from restrictive ordinances and further guarantees their right to farm. (A. 4910, Magee) (Chapter 374 of the Laws of 2001)

   2. Eliminating Noxious Weeds

      This bill would change the definition of "noxious weeds" to include injurious plants that are prevalent in the state. Currently a plant must be "new" or "not widely prevalent in the state" in order to be considered a "noxious weed." This would allow the State to treat a plant like purple loosestrife, which has a significant foothold in the State, as a noxious weed. This represents an important step in protecting the natural resources of New York State, including farmland, from detrimental plants. (A.1053, Luster) (Passed Assembly)

   3. Reducing Herbicide Use

      This bill would phase out the use of herbicides as the principle method of maintaining utility right-of-ways and requires the development of less toxic methods of vegetation removal. The use of herbicides to clear and maintain utility right-of-ways is a practice that can be dangerous to workers and the public and damaging to property. Furthermore, the use of herbicides can injure and kill non-target vegetation and sicken or kill livestock and wildlife. (A.1879, Parment) (Passed Assembly)

   4. Improving Land Use Regulations

      This bill would allow municipalities to request the Commissioner of the Department of Agriculture and Markets to render an opinion as to whether farm operations would be unreasonably restricted by a local law or ordinance. The Commissioner’s opinion would not be binding, but it would provide important technical information to local law makers. (A.29-B, Cahill) (Governor Veto #2)

3. DAIRY ISSUES

   Dairy products are vitally important to the economy of New York State. Dairy commodities represent the vast majority of the State’s agricultural industry, accounting for approximately two-thirds of all receipts, but there remains a need to increase dairy production. For example, the consumption of milk has increased while the volume of milk produced has actually decreased. The Chairman has recognized this need, and one way he is attempting to address this is by facilitating further sales of milk through schools.

   1. Marketing New York Dairy Productsx

      This bill would require the name of the city, village or hamlet, and zip code where milk is processed or packaged to be printed upon the package of in-state milk. The proposal would make it easier for consumers to support local producers by purchasing New York State products, and would also enable a consumer to identify and purchase New York State products while simultaneously increasing sales for New York’s milk producers. (A.4951, Magee) (Passed Assembly)

   2. Minimizing Duplication of Regulations

      This bill would provide exemptions from licensing requirements for persons who vend food and beverages through vending machines if such persons sell no milk other than that purchased from a duly licensed milk dealer. The measure is an important part of the Chairman’s plan to increase the market where New York farmers can sell their products. Additionally, the bill would make it easier for venders to provide students with an opportunity to purchase nutritional beverages at school. The Governor vetoed this bill citing the claim that it could provide milk dealers who sell milk in vending machines a significant competitive advantage over milk dealers who do not. (A.5925, Magee) (Governor Veto #33)

4. FOOD SAFETY

   Decreased staffing levels at the Department’s Food Safet and Inspection Unit have led to a decrease in food inspections throughout New York State. The frequency of food inspections in supermarkets has fallen to once a year upstate and approximately once every two years in the New York City area. The number of food inspectors is close to a record low with only sixty-eight inspectors to cover 26,000 stores in the State. The Committee believes that this does not provide adequate resources to protect consumers from food-borne diseases.

   Recent detections of new strains of bacteria in food are also creating a new level of awareness among citizens, and in response to growing public concern about bacteria-tainted meats and new technologies used in the production of food, the Assembly Agriculture Committee passed legislation to enhance the effectiveness of New York State’s food safety programs. Unfortunately, the Senate did not act on most of these measures.

   1. Establishing a State Veterinary Diagnostic Laboratory

      This new law provides for the establishment of the New York State Veterinary Diagnostic Laboratory, an advisory board to the laboratory, and an animal health issues committee. The ability of disease to spread through animal populations requires New York State to have facilities that provide accurate and timely diagnoses of potential health issues. The statute protects animals and humans by calling on the veterinary diagnostic laboratory to monitor animal populations for disease, establish diagnostic centers, and to improve New York State’s ability to recognize diseases that pose a threat to animal populations. (A.8595, Magee) (Chapter 276 of the Laws of 2001)

   2. Improving the Prevention of the Spread of Disease

      This law adds definitions for the terms "sheep," "sheep dealer," "goat," and "goat dealer" to law to better control and prevent the spread of disease in livestock. The purpose of this bill is to enhance the Department of Agriculture and Market’s ability to control scrapie in goats and sheep. This statute requires sheep and goat dealers to hold a domestic animal health permit. This law also makes the removal of ear tags a misdemeanor. (A.8793, Magee) (Chapter 271 of the Laws of 2001)

   3. Enhancing Food Safety Programs

      This bill would create a nine-member advisory board within the Department of Agriculture and Markets on food safety and inspection programs. The board would be responsible for advising the Commissioner on the enforcement of food safety laws and regulations, and would review existing and proposed laws and regulations. It would also report to the Legislature on the needed changes. Five members would be appointed by the Governor, including two academic food safety experts, one representative each from the retail and food processing industries, and one farmer. The Speaker of the Assembly and President Pro Tempore of the Senate would each appoint one consumer and one food industry representative. (A.2760, Cook)(Passed Assembly)

   4. Ensuring Safe Transportation of Food Products

      This bill would ensure maximum safety and quality of food products during transportation in the state by allowing inspectors from the Department of Agriculture and Markets to examine common carriers transporting food and food products under conditions that could lead to alteration. Current law exempts common carriers from this provision, thus preventing the responsibility to ensure that all food and food products are transported under the safest conditions at all times. (A.5920, Gunther) (Passed Assembly)

   5. Providing Support in Pest Outbreaks

      Each year America’s agricultural and forest crops and products suffer approximately $25 billion in damage from pests. This bill would enact the Pest Control Compact which would provide financial assistance in the form of pest control insurance for the purpose of financing incidents other than normal operations to control pest outbreaks. Each State signing the compact agrees to eradicate or control all pests in order to prevent outbreaks from spreading across State boundaries. Michigan and Maryland are among the States that have signed the compact. (A.8596, Magee) (Passed Assembly)

   The Committee will continue to focus its efforts on the vital concern of food safety in the coming session and will work with the Senate to ensure enactment of this legislation.

5. ANIMAL SAFETY AND CONTROL

   The citizens of New York State care deeply for the safety and health of their pets. One issue that citizens across the State expressed concern about during a series of hearings that the Committee conducted in 2000 is the problem of pet overpopulation. In 2001 the Committee took steps to address this concern by reporting legislation that humanely deals with the issue of pet overpopulation. Other legislation spoke to the need to increase awareness regarding an owner’s obligations for responsible pet ownership and preventing attacks by pets. This issue has generated much interest from the public, and the committee has worked to advance legislation that addresses the above issues.

   1. Requiring Spaying/Neutering of Adopted Pets

      This bill would promote humane means of reducing the production of unwanted puppies and kittens through spaying and neutering. Currently, in New York State, fifty percent of the healthy animals taken in by shelters and pounds are euthanized because homes are not available. Unwanted animals that are not put down in shelters are often subject to disease, starvation and mistreatment. Experts agree that spaying and neutering pets is a humane and feasible way to curb the suffering caused by animal overpopulation. This bill would decrease the number of unwanted cats and dogs in our cities and towns. (A.229-B, Grannis) (Passed Assembly)

   2. Providing Security Bonds for Impounding Organizations

      This bill would make provisions allowing societies for the prevention of cruelty to animals (SPCAs) or impounding organizations to petition the court for a security bond to cover the costs of housing and caring for animals that are seized because of their use in fighting. As reported by SPCAs around the state, some judges have refused to consider applications for security posting in cases in which the charges are brought under the animal fighting rather than the cruelty provisions. This situation causes substantial hardship to SPCAs that must house and care for animals seized pursuant to animal fighting charges pending disposition of the criminal case. This bill would significantly reduce the financial burden that is imposed on these organizations as they secure care for these animals. (A.4528, McEneny) (Passed Assembly)

   3. Registry for Dangerous Dogs

      This bill would establish a registry of dangerous dogs and a dangerous dog advisory board, which would advise the Commissioner of Agriculture and Markets on how best to protect the public from such animals. Attacks by dangerous dogs have increased substantially, many resulting in injury and even death. Many of the reported attacks have been by a dog that has previously committed attacks. By establishing a dangerous dog registry the Commissioner could track such animals and remove them from the public before they injure someone a second time. Establishing a dangerous dog advisory board comprised of those with expertise in dealing with animals to aid the commissioner would protect the public from such animals. (A.5113, Scarborough) (Passed Assembly)

   4. Improving Protections of Animals as Prizes

      This bill would prohibit exchanging live animals for nominal consideration in the circumstances of a game, contest, sweepstakes, or other promotion, subject to existing exceptions for certain programs. This bill closes a loophole in existing law that creates a situation in which individuals, rather than being given an animal as a prize, are instead given an opportunity to purchase an animal for a nominal fee. (A.8374, Stringer) (Passed Assembly)

6. OTHER LEGISLATION
   1. Improving Opportunities to Serve

      This law allows the appointed farm bureau representative of a county soil and water conservation district board of directors to reside outside the county in which they serve, if they own land in that county. The previous law created an obstacle to service on such boards, because many farmers live in one county, but rent or farm land in other counties. This statute allows farmers to improve their representation and creates opportunities for them to serve as representatives. (A.4909, Magee) (Chapter 126 of the Laws of 2001)

   2. Optical Scanning

      This bill would authorize the Commissioner to inspect and test optical scanning devices and systems. The Agriculture and Markets law would be updated to include laser scanning equipment within the scope of the weights and measures provisions. This equipment scans and registers the price to be charged to consumers for products purchased. An error or malfunction could result in monetary losses to consumers. This legislative proposal seeks to prevent such losses by certifying the accuracy of the laser scanning devices. (A.2576, Lafayette) (Passed Assembly)

   3. Protecting Independent Motor Fuel Marketers

      This bill would enact the New York Motor Fuel Marketing Practices Act, which would protect smaller, independent marketers from predatory practices that some larger marketers employ in efforts to eliminate competition from independent marketers. The legislation would set standards that allow fair competition by prohibiting the sale of gas by retailers at prices below cost. This bill is an important step in protecting New York businesses and consumers. (A.1626-B, Tonko) (Passed Assembly)

1. Mad Cow and Foot and Mouth Disease

   Assemblyman Felix Ortiz, Chair of the Assembly Task Force on Food, Farm and Nutrition Policy, held public hearings in Albany and New York City (March and June, respectively) to examine emerging food-related diseases, including Bovine Spongiform Encephalopathy (BSE), or "Mad Cow Disease," and Foot and Mouth Disease. The New York City hearing was co-sponsored by Assembly Agriculture Committee Chair Bill Magee.

   Witnesses included the State Veterinarian from the New York State Department of Agriculture and Markets, representatives from the Office of Science and Public Health in the New York Department of Health, Consumer Policy Institute at Consumers Union, Cornell University College of Veterinary Medicine, National Cattlemen’s Association, New York Blood Center, Red Cross, New York Farm Bureau, New York Conservation Council, and other health, agricultural, and hunting organizations. Vermont sheep owners Linda and Lawrence Faillace, who had their flock destroyed by USDA because of suspected Mad Cow Disease symptoms, also participated. The hearings generated testimony that both supported and questioned the actions taken by federal and State regulatory bodies to prevent BSE from affecting animal agriculture and public health. Witnesses testified that more testing of cows and further restrictions on animal feed would be beneficial to help protect New York farmers and the food supply.

   As a result of the hearings, Assemblyman Ortiz wrote to President Bush calling for a federal ban on the use of any animal parts in all animal feed. It is believed that animal feed contaminated with diseased animal parts led to the first cases of Bovine Spongiform Encephalopathy (BSE) in England. The hearing revealed that enforcement of those rules appears to be inconsistent. Many of those testifying also agreed that there is a need for more surveillance testing of New York cattle for BSE. Ortiz asked for $100,000 in the State budget to begin a State testing program, preferably with newly developed tests that can be used on live animals. This could help reassure farmers and consumers that New York is the gold standard for preventing BSE. Assemblyman Ortiz also called for more funding to test for Creutzfeldt-Jakob Disease (CJD) and variant CJD (vCJD). The former is a naturally occurring neurological disease mostly affecting the elderly and is the human form of BSE, while vCJD is believed to be contracted from eating contaminated beef.

   The objective of these efforts is to provide New Yorkers with a healthy, affordable food supply and to prevent cases of BSE while at the same time increasing the sales of New York grown and produced foods to consumers.

2. Marketing New York State Agricultural Products

   On Wednesday, August 15, 2001, Assembly Agriculture Chair Bill Magee coordinated and hosted a roundtable discussion in New York City on marketing New York State agricultural products. Efforts to expand the markets for these farm products received a great deal of attention in 2001. Information was shared amongst a wide group of participants, including the Department of Agriculture and Markets, New York State Wine and Grape Foundation, New York State Restaurant Association and Cornell University, regarding efforts underway to bring farmers into contact with food purveyors, to promote the establishment of farmers’ markets in New York City, and to persuade restaurateurs to create a "New York Cuisine" to highlight New York grown produce. Discussions also focused on efforts to educate consumers on how to identify New York-grown produce.

   A primary achievement of the roundtable was the opening of communications between producers, retailers, and New York City restaurateurs regarding the disadvantages faced by farmers when marketing to New York City. Legislation reported by the Assembly Agriculture Committee to address some of the concerns raised at the roundtable include bills requiring milk labeling, country of origin labeling for meat products and produce, and the development of regional branding.

3. Improving Agricultural Economic Viability

   On Thursday, October 4, 2001, Assembly Agriculture Chair Bill Magee coordinated a roundtable discussion that was held at the Geneva Experimental Station on the topic of current programs available to New York farmers for assistance to maintain their business and increase their profitability. This forum served as an opportunity to discuss the obstacles the industry faces from competitive disadvantages with other countries, increased energy costs, and a variety of other factors that influence the farmer’s bottom line of economic viability.

Budget Keeps Successful Programs Viable, Aids in Starting New Initiatives

This year the Legislature secured $104 million for the Department of Agriculture and Markets and $12.3 million in aid to localities which included:

• Agricultural Economic Development ("Grow NY")
  $1,300,000

• Cornell Agriculture in the classroom
  $60,000

• Cornell Geneva Experimental Station
  $550,000

• Cornell Rabies Vaccine Program
  $200,000

• Cornell Veterinary Diagnostic Laboratory
  $1,945,000

• New York Cattle Health Assurance Program
  $350,000

• New York State Integrated Pest Management
  $787,000

• Farm Family Assistance (New York Farm Net)
  $200,000

• Future Farmers of America
  $100,000

• Integrated Pest Management Grape Entomologist (Fredonia)
  $50,000

• Local Fairs
  $477,000

• New York State Avian Disease Program
  $315,000

• New York State Golden Nematode Program
  $50,700

• New York State Migrant Child Care
  $4,421,000

• New York State Quality Milk Promotion Program
  $1,083,200

• New York State Wine and Grape Foundation
  $412,000

In this past legislative session, many bills were signed into law that protect and enhance New York State’s valuable agricultural industry. The Committee will focus much of its efforts on continuing to expand marketing opportunities for New York farmers and ensuring the viability of New York agriculture in the 21st century. Pending issues include:

• control of genetically modified crops;

• farm profitability, including milk prices;

• food safety;

• animal care, unwanted pets, and dangerous dog control.

Other issues facing the Assembly Agriculture Committee include enacting legislation to establish a program for sustainable agriculture and organic farming. Finally, the Committee will seek to increase support for Cornell University’s Geneva Experiment Station, which is vital to the development of new agricultural practices in the State.

The Committee will examine these and other issues and will formulate possible legislative solutions with all sectors of the agricultural community and the public.

CHAPTERS OF 2001

2001 Bills Passed by the Assembly

2001 Bills that were Vetoed