§ 16 — General powers and duties of department

New York § 16

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 2: Department of Agriculture and Markets; Jurisdiction; General Powers and Duties

Text

§ 16. General powers and duties of department. The department through\nthe commissioner shall have power to:\n 1. Execute and carry into effect the laws of the state and the rules\nof the department, relative to agriculture, horticulture, farm, fruit,\nand dairy products, aquaculture, and the production, processing,\ntransportation, storage, marketing and distributing of food; enforce and\ncarry into effect the provisions of the laws of the state relative to\nweights and measures.\n 2. Aid in the promotion and development of the agricultural resources\nof the state and the improvement of the conditions of rural life; the\nimprovement of the fertility and productiveness of farm lands and the\nrestoration to fertility and productiveness of unoccupied and\nunproductive land; the settlement of farms and the supply of farm labor;\nthe stocking of farms with meat-producing and dairy animals and\npromoting the production of cereals, fruits and vegetables, and\nco-operate with county farm bureaus, and with agricultural, dairying and\nhorticultural associations or corporations and other agencies organized\nfor any or all of such purposes.\n 2-a. Aid in the promotion and marketing of finfish and shellfish\nderived from commercial fishing or aquacultural activities and cooperate\nwith fishing and aquaculture associations or corporations organized for\nany or all such purposes.\n 2-b. Aid in the promotion, marketing, and sale of New York state\nlabelled wines, grapes and grape products in cooperation with the\ndepartment of economic development both within and outside the state and\nto provide promotion and marketing advisement to wineries, farm\nwineries, micro-wineries, grape and other fruit growers and processors,\nand related trade organizations located within this state.\n 2-c. Aid in the export promotion and marketing of eligible\nagricultural products, in cooperation with the department of economic\ndevelopment.\n 2-d. Coordinate with the office of general services and the department\nof economic development to provide a training program once per year, in\neach economic development region, established in article eleven of the\neconomic development law, to encourage and increase participation in the\nprocurement process, pursuant to article eleven of the state finance\nlaw, by small businesses, as defined in section one hundred thirty-one\nof the economic development law, including farms, selling food or food\nproducts, or animal or plant fiber products grown, produced, harvested,\nor processed in New York state or textile products manufactured from\nanimal or plant fiber grown or produced predominantly in New York state\nand assist such businesses in identifying such food or food products, or\nanimal or plant fiber textile products, which may help to meet state\nagencies' needs. The departments and office may also invite to the\nregional training programs representatives of local governments,\nincluding school districts, that may be interested in purchasing New\nYork state food products or animal or plant fiber textile products.\n 2-e. Develop, and update, guidance and other information to:\n (i) assist county legislative bodies, agricultural and farmland\nprotection boards and departments in creating and reviewing agricultural\ndistricts pursuant to sections three hundred three, three hundred\nthree-a and three hundred three-b of this chapter; and\n (ii) assist the commissioner of taxation and finance to support\ntraining of assessors and any other local government officials who have\nresponsibility for agricultural assessment and taxation.\n 2-f. Aid in the promotion, marketing and sale of New York state farm\nproducts used for holiday celebrations and decorations, including, but\nnot limited to, Christmas trees, wreaths, pumpkins, flowers and other\nsimilar products in cooperation with the empire state development\ncorporation by providing listings of such growers and suppliers to\nvendors selling such products and to municipalities that may provide\nsuch information to vendors selling such products on municipal\nsidewalks, lots or streets.\n 2-g. Aid, in cooperation with the department of economic development,\nin the promotion, marketing and sale, both within and outside the state,\nof New York state animal and plant fiber and products made from such\nfiber. For the purposes of this subdivision animal fiber means natural\nfibers that have formed the covering, or fleece, of sheep or other hairy\nanimals such as goats or alpacas, shorn for the purposes of creating\ntextile products, and plant fiber means natural fibers that are obtained\nfrom plants and used to create textile products including, but not\nlimited to, hemp. Such aid shall include, but not be limited to:\n (a) the opportunity for producers of animal and plant fibers in the\nstate to participate in programs that offer seals or logos identifying\nsuch fibers as grown in New York state and certified for their quality,\nfor product labeling, advertising, and displays; and\n (b) the development of educational materials about animal and plant\nfiber, especially for young people, in cooperation with cooperative\nextension, boards of cooperative educational services, local fairs, and\nthe state fair.\n 2-h. In cooperation with the department of environmental conservation,\noffer seals or logos identifying native plants as grown in New York\nstate and certified for their quality, product labeling, advertising,\nand displays. The department, in cooperation with the department of\nenvironmental conservation, shall establish appropriate standards and\nguidelines for such designation. The department shall further provide\neducational materials promoting awareness and understanding of native\nplants under the New York native plants designation to horticultural\nproducers, garden centers, consumers, educational institutions, Cornell\ncooperative extension, and relevant agricultural and environmental\norganizations. For the purposes of this subdivision, "native plants"\nshall mean non-invasive herbaceous and woody plant species that are\nindigenous to New York state and are likely to maintain their range or\nsuccessfully adapt to anticipated climate changes in New York state and\nthe northeastern United States.\n 3. Investigate the cost of food production and marketing in all its\nphases.\n 4. Investigate the sources of food supply for the state, the\nproduction, transportation, storage, marketing and distribution of food\nsold, offered for sale, stored or held within the state, the cost of\ntransportation to the leading centers of population and of distribution\nto consumers.\n 5. Collect and disseminate accurate data and statistics as to the food\nproduced, stored or held within the state, the quantities available from\ntime to time and the location thereof, and so far as practicable and\navailable collect such like statistics from without the state, as are of\nvalue to producers and consumers within the state.\n 5-a. Establish an information network between agricultural producers\nand consumers to facilitate and promote the direct marketing of New York\nfarm products. The commissioner may publicize such direct marketing\ninformation network. He may compile information voluntarily provided by\nfarmers and growers who desire to sell farm products directly to\nconsumers, and distribute such information, in the manner he deems\nappropriate, to food buying cooperatives, governmental agencies,\ncommunity service organizations, the bureau of government-donated foods\ndistribution in the office of general services, the cooperative\nextension service, and to any person requesting such information.\n 5-b. (a) Establish, in cooperation with the commissioner of education,\na farm-to-school program to facilitate and promote the purchase of New\nYork farm products by schools, universities and other educational\ninstitutions under the jurisdiction of the education department. The\ndepartment shall solicit information from the education department\nregarding school districts and other educational institutions interested\nin purchasing New York farm products, including but not limited to, the\ntype and amount of such products schools wish to purchase and the name\nof the appropriate contact person from the interested school district.\nThe department shall make this information readily available to\ninterested New York farmers, farm organizations and businesses that\nmarket New York farm products. The department shall provide information\nto the education department and interested school districts and other\neducational institutions about the availability of New York farm\nproducts, including but not limited to, the types and amount of\nproducts, and the names and contact information of farmers, farm\norganizations and businesses marketing such products. The commissioner\nshall report to the legislature on the need for changes in law to\nfacilitate the purchases of such products by schools and educational\ninstitutions.\n The department shall also coordinate with the education department,\nand school food service, education, health and nutrition, farm, and\nother interested organizations in establishing a promotional event, to\nbe known as New York Harvest For New York Kids Week, in early October\neach year, that will promote New York agriculture and foods to children\nthrough school meal programs and the classroom, at farms and farmers'\nmarkets and other locations in the community.\n (b) Cooperate with the department of health in implementing the\nchildhood obesity prevention program pursuant to title eight of article\ntwenty-five of the public health law and with the commissioner of\neducation to encourage the production and consumption of fresh locally\nproduced fruits and vegetables by elementary and secondary school aged\nchildren pursuant to paragraph (a) of this subdivision to help combat\nthe increasing incidence of childhood obesity.\n (c) Cooperate with federal, other state and municipal agencies to\nencourage the expansion of community gardens pursuant to article two-C\nof this chapter to help encourage the production and consumption of\nfresh locally produced fruits and vegetables to help combat the\nincreasing incidence of adult and child obesity.\n 5-c. Cooperate with the commissioner of education, pursuant to\nsubdivision fifty-six of section three hundred five of the education\nlaw, to develop guidelines for the voluntary implementation by school\ndistricts and institutions of higher education of programs which\nencourage the donation of excess, unused, edible food from meals served\nat such educational facilities to local voluntary food assistance\nprograms.\n 6. Investigate and recommend useful methods of co-operative\nproduction, marketing and distribution of foods within the state.\n 6-a. Establish the New York state council on hunger and food policy.\nThe purpose of the council shall be to advise the state on the\ndevelopment of comprehensive, coordinated state food policies with the\ngoal of: ensuring that all citizens of the state are able to eat a\nhealthy diet and avoid food insecurity while consuming New York grown\nand produced foods as much as possible. The council shall work to:\nsupport and facilitate the growth of a New York-based local farm and\nfood product economy that revitalizes rural, suburban and urban\ncommunities, creates jobs, and supports economic growth through\npromoting and developing local farm and food businesses and their\nproducts and helps to make them more available to New York residents;\nand promote healthy eating through a plentiful, accessible, affordable,\nsafe and nutritious food supply with access to fresh and minimally\nprocessed foods including a readily available supply of such food during\nemergencies.\n (a) The priorities of the council shall include, but are not limited\nto, developing and recommending policies and plans to:\n (i) ensure the availability of and expand access to an adequate supply\nof affordable, fresh and nutritious food to its residents;\n (ii) expand agricultural production and processing, including\nlocally-grown and organically-grown food;\n (iii) assist local farm and food businesses to succeed and grow,\nespecially beginning and new owners and those historically\nunderrepresented or marginalized in agriculture or the food industry, to\nidentify and secure necessary resources and equipment to begin,\nmaintain, and expand projects and networks necessary for the development\nof local farm or food products;\n (iv) reduce barriers affecting food-insecure populations in rural and\nurban spaces;\n (v) facilitate the building of infrastructure, including, but not\nlimited to, aggregation, processing, storage, packaging, distribution,\nand marketing facilities necessary to move local farm or food products\nto local and other markets;\n (vi) support and expand programs that recruit, train, and provide\ntechnical assistance to New York farmers, food producers, food\nprocessors and residents in order to encourage the production and\nprocessing of local farm or food products;\n (vii) coordinate interagency programs, initiatives, and procedures\npromoting local farm and food products in New York communities, by\nworking with and involving state, federal, and local agencies, as well\nas community-based organizations, educational institutions, and trade\norganizations in executing the purposes of this section;\n (viii) eliminate statutory and legal barriers hindering the\ndevelopment of a local farm and food economy by working with federal,\nstate, and local agencies, other agencies and applicable entities, to\nensure consistent and compatible laws and regulations for the\nproduction, processing, storage, distribution, and marketing of local\nfarm or food products;\n (ix) facilitate the use of public lands for growing local farm or food\nproducts by working with governmental entities at the local, state, and\nfederal levels;\n (x) initiate and facilitate public awareness campaigns about the\neconomic benefits of a local farm and food economy;\n (xi) improve access to nutrition assistance programs and\ntransportation options, enhance infrastructure, and decrease\nsocio-economic disparities that contribute to the prevalence of food\ninsecurity;\n (xii) alleviate geographic and economic barriers to improve access to\nhealthy fresh food and reduce hunger among New Yorkers;\n (xiii) eliminate barriers impacting a consumer's ability to purchase\nhealthy food; and\n (xiv) encourage state agencies and community partners to share ideas\nfor reducing food-related chronic disease and promoting well-balanced\nchild nutrition.\n (b) The council shall consist of twenty-five members designated by the\ncommissioner as follows: (i) the commissioner, the commissioner of\nhealth, the commissioner of the office of temporary and disability\nassistance, the commissioner of education, the commissioner of the\ndepartment of economic development, and the director of the office for\nthe aging;\n (ii) eight members with experience and expertise related to\nagriculture, nutrition, or food policy, of which four shall be\ndesignated on the recommendation of the legislative leaders, one each by\nthe temporary president of the senate, the speaker of the assembly, the\nminority leader of the senate, and the minority leader of the assembly;\n (iii) the dean of the New York state college of agriculture and life\nsciences;\n (iv) one member representing farm organizations;\n (v) one member representing school food administrators;\n (vi) one member representing consumers;\n (vii) two members representing an organization that provides food\nassistance;\n (viii) one member representing anti-hunger advocates;\n (ix) one member who is a nutritionist; and\n (x) three members representing the food industry, including producers,\ndistributors, processors or retailers who are residents of and work in\nthe state of New York, at least one of whom produces organic food.\n (c) The commissioner shall serve as the chairperson of the council.\n (d) The council shall issue a written report on the thirtieth day of\nJanuary each year on: (i) the activities of the council during the\npreceding year; (ii) recommended food policies and actions for the\nstate; (iii) an account of the progress made in achieving the goals of\nthe council; and (iv) actions which are necessary to implement the\nrecommendations of the council and effectuate its purposes.\n (e) The state governmental agencies represented on the council may\nre-direct existing staff, as appropriations permit; assist in executing\nthe purposes of this subdivision; and provide office space, meeting\nspace, and other research and communication services as appropriate.\n (f) No member of the council shall be disqualified from holding any\npublic office or employment, nor shall he or she forfeit any such office\nor employment by virtue of his or her appointment hereunder. Members of\nthe council shall receive no compensation for their services but shall\nbe allowed their actual and necessary expenses incurred in the\nperformance of their functions hereunder.\n (g) The council shall set forth the time and place of its meetings and\nmeet as frequently as business requires, but shall meet at least twice\neach year.\n (h) Every agency, department, office, division or public authority of\nthe state shall cooperate with the council and furnish such information\nand assistance as the council determines is reasonably necessary to\naccomplish its purpose.\n 7. Aid in the organization and operation of co-operative associations\nand corporations among producers and consumers of farm products, and\nalso aid in the organization and operation of co-operative associations,\ncorporations or other agencies for the purpose of increasing the\nproduction, improving the quality, grading or bringing together of farm\nproducts for wholesale marketing.\n 7-a. Call conferences of co-operative associations of producers of\nfarm products organized under or subject to the provisions of chapter\nseventy-seven of the consolidated laws for discussion of cost of\nproduction, transportation and marketing, of market conditions and\nprices for sale of farm products to the end that the marketing operating\noperations for such co-operative associations may be facilitated, made\nmore efficient and the producers may obtain the reasonable cost of\nproduction, plus cost of compliance with sanitary regulations affecting\nproduction or marketing. Such conferences shall be held under the\nsupervision of the commissioner. Neither such conferences nor any\nagreements or arrangements resulting therefrom, if such agreements or\narrangements are approved by the commissioner, shall be deemed or\nconstrued to be acts, conspiracies, agreements or arrangements in\nrestraint of trade or commerce or injurious to public welfare. The\npowers hereby conferred may also be exercised in conjunction with\nofficials or representatives of the federal government.\n 8. Co-operate with and aid farmers and other producers of food, and\ndistributors and consumers thereof, in improving and maintaining\neconomic and efficient systems of production, storage, distribution and\nmarketing, and in reaching advantageous markets. The commissioner may\ndevelop, coordinate and conduct programs for advertising, publicity and\ngeneral promotion of agricultural and food products grown, processed,\npacked or otherwise made within the state. The commissioner may\nestablish a voluntary program for the improvement of direct marketing of\nNew York farm products at roadside farm markets. The commissioner may\nadopt a word or symbol to identify roadside markets participating in\nsuch program, advertise and publicize the roadside farm market program,\nand provide technical and promotional assistance to effectuate said\nprogram. The commissioner may charge fees for the sale or use of\npromotional materials or items, and any income derived from such\nprograms shall be deposited in a special account of the farm products\npublicity fund established under section one hundred fifty-six-i of this\nchapter. Any expenses incurred in the conduct of such programs may be\npaid out of such account on vouchers approved by the commissioner, after\naudit by the comptroller.\n 9. Acquire and disseminate accurate information as to market prices of\nfood products, and market conditions, in the markets of the state and\nany other markets, through use of department market reporters, or\nagreements with organized groups of producers or shippers or dealers in\nfarm produce for the joint employment of market reporters, or special\narrangements with existing market reporting agencies, when in the\njudgment of the commissioner such information will be valuable to the\nproducers or consumers of the state.\n 10. Acquire and publish useful information to facilitate\ntransportation, to avoid delays therein and upon request advise shippers\nor purchasers as to the most direct and expeditious route of shipment to\nmarket.\n 11. Co-operate with the commissioner of transportation with the view\nof obtaining suitable, expeditious and economical facilities for the\nshipment of food, and recommend as to the action to be taken by such\ncommissioner to avoid and prevent unfair discrimination in such shipment\nand unreasonable delay in the transportation thereof, and to obtain fair\nand reasonable rates for such transportation.\n 12. Investigate delays in transportation, and in case food is likely\nto spoil for lack of ready market, take such action as seems advisable\nfor facilitating the sale thereof.\n 13. Investigate restraints of trade or unlawful combinations to fix\nprices.\n 14. Investigate as to the needs of terminal, dock and other\ndistributing facilities for the delivery and distribution of foods at\nthe centers of population, and the establishment and operation of\nco-operative or public abattoirs for the slaughter of animals and\npoultry for food purposes; and advise and co-operate with corporations\nand municipalities or other agencies to promote their establishment,\nconstruction or acquisition for the public use and make recommendations\nas to the conduct thereof.\n 15. Advise and co-operate in establishing local markets, and\nwarehouses for assembling, grading, packing and storing food or farm\nproducts, whenever in the judgment of the commissioner the public\ninterests require such establishment.\n 16. Co-operate with producers in the conduct of experiments and\ndisseminate information as to producing, assembling, grading, packing,\ndistributing and selling farm products, so as to demonstrate economic\nand efficient methods, and to standardize the grades of such products\nand determine the cost of such production, assembling, grading, packing,\ndistribution and sale.\n 17. Investigate plans to be established by law for the purpose of\nsecuring an ample supply of pure milk in centers of population upon an\neconomic basis of distribution and to aid in the accomplishment of such\npurpose within the provisions of existing law.\n 18. Ascertain the names and addresses of producers, manufacturers,\nimporters, exporters and potential exporters and distributors of food,\nthe kind of food produced, manufactured, imported, exported or to be\nexported or distributed by such persons, and to publish the same\nwhenever in the judgment of the commissioner public interests require\nor, upon request, when in the public interest, supply lists of such\npersons.\n 19. Make such recommendations as in the judgment of the commissioner\nwill stimulate and increase the production or distribution or sale of\nfood and co-operate with public or private agencies for that purpose.\n 20. Act as mediator or arbitrator in any controversy or issue that may\narise between producers and distributors of food.\n 21. Investigate, when deemed advisable, the conduct and methods of\nexchanges and boards of trade within the state for the purchase and sale\nof food.\n 22. Collect and publish data concerning the purity, wholesomeness,\neconomic value and the nutritious and hygienic properties of food\nproduced, sold or available for sale within the state, and for such\npurpose to take, examine and analyze samples of such food.\n 23. Investigate deceptions in the quality, quantity or character of\nfoods produced, stored, sold or offered for sale within the state,\nincluding the adulteration and misbranding thereof.\n 24. Co-operate with local health departments and other local agencies\nin preventing the production, manufacture, sale or offering for sale of\nfraudulent, deleterious or unwholesome food. The commissioner may\ncontract with any such local health department or other local agency for\nthe performance of inspections with respect to any food or other product\nover which he has jurisdiction, powers and duties under the provisions\nof this chapter.\n 25. Inspect and determine the grade or condition of farm products at\nshipping points and receiving centers, and provide for the issuance of\ncertificates of such inspections and enter into co-operative\narrangements with state and federal marketing agencies for joint\ninspections. The commissioner shall require and receive the payment of\nfees for such inspection services in amounts not exceeding the estimated\ncost of the services. The commissioner shall remit to the state\ntreasurer such fees received monthly.\n 25-a. Inspect and determine the grade or condition of farm products,\nissue certificates of such inspections and provide quality control\nservices for growers, canners, processors, packers, shippers, sellers,\nbuyers, retailers and receivers upon request therefor; enter into\ncooperative arrangements with state and federal agencies, or persons or\norganizations authorized by a federal agency to conduct farm products\ninspections, for joint inspections; enter into contracts with applicants\nfor such inspections and services, which contracts shall require payment\nby applicants of the full costs of the services provided. All moneys\nreceived by the commissioner pursuant to such contracts shall be\ndeposited in an account within the miscellaneous special revenue fund\nand shall be used to defray the expenses incidental to carrying out the\npowers and duties authorized by this subdivision. The state's financial\ncontribution to the pest control compact adopted pursuant to section one\nhundred forty-nine of this chapter may be paid out of the portion of\nsaid moneys received by the commissioner for phytosanitary inspections.\nAll moneys shall be paid out of such fund on vouchers approved by the\ncommissioner, after audit by the comptroller. Nothing contained in this\nsubdivision shall apply to fees received for inspections performed under\nsubdivision twenty-five of this section.\n 25-b. Require and receive the payment of a fee of fifty dollars for\nthe issuance of certificates of compliance with the food related\nprovisions of this chapter and the regulations promulgated pursuant\nthereto. Notwithstanding any other provision of law to the contrary,\nthe commissioner is hereby authorized and directed to deposit all money\nreceived pursuant to this subdivision in an account within the\nmiscellaneous special revenue fund.\n 25-c. The commissioner may enter into a contract or cooperative\nagreement under which laboratory services of the department may be made\navailable to federal, state, local, and educational entities when, in\nthe commissioner's judgment, such contract or cooperative agreement\nshall be in the public interest and shall not adversely affect the\ndepartment's obligations under this chapter. Such contracts or\ncooperative agreements shall require payment by contractors and\ncooperators of, at a minimum, the full costs of the services provided.\nAll moneys received by the commissioner pursuant to such contracts and\nagreements shall be deposited in an account within the miscellaneous\nspecial revenue fund and shall be used to defray the expenses incidental\nto carrying out the services authorized by this subdivision.\n 25-d. The commissioner may enter into a contract or cooperative\nagreement under which services relating to food safety and inspection,\nanimal health, invasive species control, the collection of samples for\nresearch studies and similar services relating to the duties and\nresponsibilities of the department may be made available to federal\nentities, educational entities located outside of the state, and state\nand local governmental entities located outside of the state, when, in\nthe commissioner's judgment, such contract or cooperative agreement\nshall be in the public interest and shall not adversely affect the\ndepartment's obligations under this chapter. Such contracts or\ncooperative agreements shall require payment by contractors and\ncooperators of, at a minimum, the full costs of the services provided.\nAll moneys received by the commissioner pursuant to such contracts and\nagreements shall be deposited in an account within the miscellaneous\nspecial revenue fund and shall be used to defray the expenses incidental\nto carrying out the services authorized by this subdivision.\n 26. Investigate and take action to prevent illegal acts or practices\nin the sale or distribution of food or of fertilizers, feeding stuffs,\nmaterials, apparatus and machinery or other instrumentalities used or\nneeded for the production, marketing and distribution of food.\n 27. Seize, destroy or denature so that it cannot thereafter be used\nfor food, any unwholesome food or food products sold or exposed for sale\non the markets of this state, or any food or food products consisting in\nwhole or in part of any filthy, decomposed or putrid animal or vegetable\nsubstance, or any portion of an animal unfit for food, whether\nmanufactured or not, or if it is the product of a diseased animal or one\nthat has died otherwise than by slaughter. Provided, however, that the\ncommissioner of agriculture and markets after seizure and before such\ndestruction, shall give the owner, proprietor or custodian of such food\nten days notice in writing, to be served either personally or by mail,\nof a hearing for the said owner, proprietor or custodian to show cause\nwhy such food should not be destroyed in accordance with the provisions\nof the statute.\n 28. Provide for holding a state fair to be known as the New York state\nfair and, for the purpose of seeking advice and counsel in relation\nthereto, consult with the state fair advisory board. The advisory board\nshall consist of eleven members appointed by the governor, including one\nmember on the recommendation of the temporary president of the senate;\none member on the recommendation of the speaker of the assembly; one\nmember on the recommendation of the minority leader of the senate; and\none member on the recommendation of the minority leader of the assembly.\nThe governor shall select a member of the advisory board to serve as\nchairperson. The members of the advisory board shall not receive\ncompensation for their services, but may be paid their actual and\nnecessary expenses incurred in serving upon the advisory board.\n 29. All the functions of the former department of farms and markets,\nof the former council of farms and markets and of the former\ncommissioner of farms and markets and all their powers and duties, which\nwere transferred to the department of agriculture and markets by section\ntwo hundred and seventy-two of the state departments law or shall have\nbeen prescribed by law when this subdivision as hereby enacted takes\neffect, whether in terms vested in such department, in such council or\nin such commissioner or in a committee, member or officer thereof, and\nall the functions of the former council of agriculture and markets and\nthe commissioner of agriculture and markets and all their powers and\nduties which shall have been prescribed by law when this subdivision, as\nhereby amended, takes effect, whether in terms vested in such council or\nin such commissioner or in a committee, member or officer thereof, shall\ncontinue to be vested in the department of agriculture and markets and\nshall continue to be exercised and performed therein by or through the\ncommissioner of agriculture and markets or the appropriate division,\nbureau, board or officer thereof as prescribed by or pursuant to law,\ntogether with such functions, powers and duties as hereafter may be\nconferred or imposed upon such department by law. All the provisions of\nthis chapter shall apply to the department of agriculture and markets\ncontinued by this chapter as hereby amended and to the commissioner of\nagriculture and markets and to the divisions, bureaus and officers of\nsuch department, in so far as such provisions are not inconsistent with\nthis subdivision.\n 30. Investigate, inspect and supervise the sale and exposure for sale\nof meat and meat preparations and enforce the provisions of sections two\nhundred one-a, two hundred one-b and two hundred one-c of this chapter\nrelating thereto, designate an employee of the department as "director\nof kosher law enforcement" and to make such rules and regulations\nimposing such additional requirements and restrictions upon such sale\nand exposure for sale as may be deemed necessary in connection with or\nin aid of the proper administration and enforcement of such provisions\nand of any other applicable laws.\n 30-a. Whenever under this chapter a person may elect to petition\ntherefor, the commissioner may in his discretion establish inspection of\npetitioner's meat by-products or meat food products, and shall determine\nthe actual cost of inspection thereof and shall require and receive\nquarterly the pre-payment of fees for such inspection services in\namounts not exceeding the actual cost. The commissioner shall establish\nin the name of such petitioner an inspection fund to maintain such\ninspection services and any unexpended funds which may remain over and\nabove the amount needed for such inspection or service shall be paid to\nthe petitioner at the close of each fiscal year.\n 31. Adopt, promulgate and make effective plans, rules and orders with\nrespect to the furnishing of care for children under fourteen years of\nage, including children temporarily within the state, whose parent or\nparents are seasonally or temporarily employed by canners, growers and\nprocessors of foods and foodstuffs, and to expend or allocate moneys for\nsuch purposes out of moneys appropriated to the department on such terms\nand conditions as he may deem proper provided that he finds such action\nis necessary in order to maintain an adequate supply of labor or to\navoid waste in the growing, harvesting and processing of food. The\ncommissioner is authorized to enter into contracts approved by the\nattorney-general, the state comptroller and the director of the budget\nwith non-profit membership corporations providing such care. Such\ncontracts shall specify the terms and standards of operation and shall\nlimit the total financial responsibility of the state to a specified sum\nwhich shall not exceed the amount appropriated for such purpose.\n 32. Receive and disburse federal moneys allotted to the state by or\npursuant to the federal agricultural marketing act of nineteen hundred\nforty-six as amended, or any other act of the congress making\nappropriation for the allocation among the states for research into\nbasic laws and principles relating to agriculture and to improve and\nfacilitate the marketing and distribution of agricultural products, and\nfor any other purpose relating to agriculture or marketing agricultural\nproducts; on behalf of the state, to adopt, execute and administer plans\nand to put into effect such measures as may be necessary for research\ninto basic laws and principles relating to agriculture and to improve\nand facilitate the marketing and distribution of agricultural products;\non behalf of the state, to make and execute such contracts, agreements,\ncovenants or conditions, not inconsistent with law, as may be necessary\nor required by any duly constituted agency of the federal government as\na condition precedent to receiving such funds or in connection with such\nresearch; to cooperate with all federal, state or local authorities, or\nother agencies, authorized under such acts of congress to carry out the\npurposes thereof; to adopt and from time to time to amend such rules and\nregulations and to prescribe such conditions, not inconsistent with law,\nas may be necessary to make available to the people of the state the\nbenefits afforded by such acts of congress; and to enforce all the\nprovisions of this subdivision and the rules adopted pursuant hereto.\nThe department of taxation and finance is designated as custodian of all\nfederal-aid funds allotted to the state for the purposes of this\nsubdivision by the United States and such funds shall be payable only on\nthe audit and warrant of the comptroller on certificate of the\ncommissioner as provided in section one hundred ten of the state finance\nlaw.\n 33. Require each applicant for a license, permit or registration or\nrenewal thereof authorized to be issued by the commissioner under the\nprovisions of this chapter to satisfy the commissioner that such\napplicant is or will be in compliance with all ordinances or local laws\nof the county, city, town and village in which such business or\noccupation will be conducted bearing thereon. The commissioner's\napproval of an application shall not, however, be construed in any way\nas certifying that such ordinances or local laws have been complied\nwith.\n 34. Contract with Cornell university or the New York state veterinary\ncollege at Cornell for the planning, design and construction of an\nanimal disease diagnostic laboratory at the state veterinary college at\nCornell university.\n 35. Investigate, inspect, and supervise all sanitary aspects relative\nto the production, processing, sale and distribution of milk and milk\nproducts.\n 36. Require that a written instrument submitted pursuant to this\nchapter or a rule or regulation adopted pursuant thereto contain a form\nnotice to the effect that false statements made therein are punishable\npursuant to section 210.45 of the penal law or, where the commissioner\ndeems necessary, require that any such instrument be subscribed under\noath.\n 37. Provide for the operation of the state soil and water conservation\ncommittee pursuant to the soil and water conservation districts law.\n 38. Establish and maintain a statewide registry of brands for\nlivestock owners to voluntarily register the brand they use to brand\ntheir livestock.\n 39. (a) Establish a program in the state for the planning, design and\nimplementation of integrated pest management. Under such a program the\ndepartment may contract with Cornell university or the New York state\ncollege of agriculture and life sciences at Cornell university, and\nshall encourage such contractor to seek federal and private sources of\nfunds for such program. The department shall submit a quinquennial\nreport of such integrated pest management program to the governor, the\nsenate finance committee and the assembly ways and means committee on or\nbefore January first, two thousand seven and on or before January first\nof each fifth year thereafter. Such report shall include, but not be\nlimited to:\n i. an identification of all revenue sources, including non-state\nfunds, and an identification of expenditures made within each\nagricultural production area, as described in article eleven of this\nchapter;\n ii. an evaluation and description of the status of implementation with\neach agricultural production area and the achievements of each objective\noutlined in such article eleven made in the previous five years; and\n iii. the overall status of the program and multi-year timetable for\nthe future implementation of the program.\n (b) Between report due dates, the department shall maintain the\nnecessary records and data to satisfy such report requirements and to\nsatisfy information requests received from the governor, the senate\nfinance committee and the assembly ways and means committee, between\nsuch report due dates.\n 40. Establish and administer, together with the state soil and water\nconservation committee and the Cornell cooperative extension, a\nvoluntary program to encourage agricultural environmental planning and\nimplementation. The program shall promote farming practices which are\ncompatible with state water quality and other environmental objectives,\nand may include training and certification of agricultural planners;\neducational outreach to producers of farm products; technical and\nfinancial assistance to farm operators; consultation and coordination\nwith federal, state and local agencies; and periodic evaluation and\nassessment of program effectiveness.\n 41. (a) Establish and maintain New York state domestic animal health\nassurance programs, voluntary, on-farm, integrated disease prevention\nprograms, directed at improving animal health and promoting a safe and\nwholesome food supply. Such programs may include but are not limited to\nthe New York state cattle and horse health assurance programs. To carry\nout such programs, the department may contract with public, private and\nacademic entities and shall encourage such entities to seek federal and\nprivate sources of funds for such programs.\n (b) Any proprietary farm protocol, animal or herd testing information\nand/or producer herd data maintained in confidence and voluntarily\nprovided by an owner or operator of a farm operation as defined in\nsection three hundred one of this chapter to participate in a voluntary\ncattle health program established pursuant to this subdivision shall be\nexempt from public disclosure. The submission of any such information or\nrecords by the owner or operator of a farm operation does not constitute\na waiver of any applicable privilege or protection under federal or\nstate law.\n (c) The exemption described in paragraph (b) of this subdivision shall\nnot apply to: (1) information collected or created as part of a federal,\nstate, or local health agency investigation or official action taken in\nconnection with a public health risk; and (2) records that do not\nidentify and cannot be used to discern the identity of any participating\nfarm.\n 42. (a) For purposes of making timely determinations and consulting\nwith the chairman of the state liquor authority pursuant to subdivision\nfive of section seventy-six-a of the alcoholic beverage control law,\ninvestigate and compile information relative to natural disasters, acts\nof God, or continued adverse weather conditions which shall affect: (i)\nthe crop of grapes or other fruit products used in the production of\nwine; and/or (ii) the crop of apples used in the production of cider.\n (b) For purposes of making timely determinations and consulting with\nthe chairman of the state liquor authority pursuant to subdivision\neleven of section fifty-one-a of the alcoholic beverage control law,\ninvestigate and compile information relative to natural disasters, acts\nof God, or continued adverse weather conditions which shall affect: (i)\nthe necessary ingredients for brewing beer; and/or (ii) the crop of\napples used in the production of cider.\n (c) For purposes of making timely determinations and consulting with\nthe chairman of the state liquor authority pursuant to subdivision\ntwelve of section fifty-one-a and subdivision eleven of section\nfifty-eight-c of the alcoholic beverage control law, investigate and\ncompile information relative to natural disasters, acts of God, or\ncontinued adverse weather conditions which shall affect the crop of\napples used in the production of cider.\n 43. Cooperate with the department of environmental conservation and\nthe environmental facilities corporation to establish methods to\nfacilitate loans to New York state's agricultural community, to develop\neducational materials for farmers about the low-interest loans available\nthrough the water pollution control linked deposit program, and to\ndevelop an application form to be provided to lenders for linked deposit\nloan requests. The department may promulgate rules and regulations\nnecessary and reasonable for the operation of the program.\n 44. Encourage and support the practice of forestry and manufacture of\nwood products in the state, in coordination with the departments of\nenvironmental conservation and economic development; and provide for the\noperation of the wood products development council as established in\nsection two hundred twenty-five of this chapter.\n 45. When considering plans, policies, regulations and programs\npursuant to article fourteen of this chapter, the commissioner shall\ntake into consideration the impact on the horticulture and other plant\nbased industries in the state of New York, including but not limited to\ngreenhouse, nursery, and fruit and vegetable production.\n 46. Within the amount of monies appropriated or otherwise made\navailable therefor, establish, administer and operate, or provide for\nthe administration and operation of, a program, which may include\nestablishment of a revolving loan fund, to assist in the development,\nimplementation and operation of agricultural programs.\n 47. Evaluate, in conjunction with the state office for the aging,\nprograms and services offered by the department to ensure that they\nsupport the needs of farmers, and other individuals engaged in\nagriculture, and the production, processing, marketing and distributing\nof food, who are also seniors, which shall mean an individual sixty\nyears of age or older.\n 48. Make available in written and electronic medium, in a manner\nreadily accessible to police agencies and officers and district\nattorneys, information about animal cruelty and protection laws in this\nchapter, including, but not limited to, article twenty-six of this\nchapter and section seven hundred fifty-three-f of the general business\nlaw. The development of such information shall be coordinated with the\ndivision of criminal justice services, including the municipal police\ntraining council, in a manner designed to enhance training of municipal\npolice officers and to assist such officers and district attorneys in\nenforcing and applying such laws.\n 49. Make available, in consultation with the department of\nenvironmental conservation and institutions of higher education with\nexpertise in pollinator protection, information concerning minimum\nguidelines for vegetation management plans used by any person who\nintends to develop their property or commercial enterprise, such as\nsolar electric generating systems, in a manner that is pollinator\nfriendly or provides benefits and protection to pollinators. Such\ninformation may include guidelines for short-term and long-term property\nmanagement practices that provide and maintain native perennial\nvegetation to protect the health and well-being of pollinators\nincluding, but not limited to the percentage of the property that may be\ncovered with native perennial vegetation; the type, amount, and\ndiversity of native perennial vegetation that may be maintained on the\nproperty; the number of seasons and the minimum number of species of\nnative perennial vegetation that may be in bloom; maintenance practices\nto be used; the use of pesticides; the width and composition of buffers\nadjacent to the property; and any other guidelines established by the\ndepartment.\n 50. Develop, in consultation with the commissioner of the department\nof health and the New York state land grant university, best-practice\nrecommendations for treatment, prevention and management of livestock\nand farm property to protect against Asian longhorned ticks. Such\nrecommendations shall be based upon scientific data and shall include,\nbut not be limited to, the use of landscape techniques demonstrated to\nbe safe for livestock, people, pets and the environment, methods to\ndiscourage rodent activity, and, the effective use of pesticides, as\ndefined in subdivision thirty-five of section 33-0101 of the\nenvironmental conservation law, including usage information and any\nlabel warnings or caution statements. The commissioner, in consultation\nwith the department of environmental conservation and the New York state\nland grant university, shall develop and distribute to farmers\ninformation on Asian longhorned tick treatment, management, and\nprevention. Such information and recommendations shall also be made\navailable on the department's website.\n 51. And shall take any measures necessary to prohibit any person from\nattaching or affixing to state owned property on the grounds of the\nstate fair any symbols of hate, as defined in section one hundred\nforty-six of the public buildings law, or any similar image, or tangible\npersonal property, inscribed with such an image, unless the image\nappears in a book, digital medium, or otherwise serves an educational or\nhistorical purpose.\n 52. Develop and maintain a publicly available searchable directory of\nNew York state farms and farm products on the department's website. The\nwebsite directory shall include all farms located within the state and\nshall, when known, list the products available for purchase and contact\ninformation for each farm, unless a farm opts out of being included in\nthe directory by notifying the department of such option. The department\nshall provide farms with the ability to signify that they are interested\nin supplying schools on the directory. The department shall update the\nwebsite directory at least every two years.\n