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A03431 Summary:

BILL NO    A03431 

SAME AS    No same as 

SPONSOR    Rabbitt (MS)

COSPNSR    Crouch, Butler, Duprey

MLTSPNSR   Barclay, Finch, Hawley, Oaks, Tedisco

Add Art 13-F S160-w, S39-a, Ag & Mkts L

Prohibits food distributors from dumping, or otherwise discarding in a manner
likely to cause contamination, sub-standard or below grade out-of-state
agricultural products in this state.
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A03431 Actions:

BILL NO    A03431 

01/25/2013 referred to agriculture
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A03431 Votes:

There are no votes for this bill in this legislative session.
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A03431 Memo:

BILL NUMBER:A3431

TITLE  OF  BILL:    An  act to amend the agriculture and markets law, in
relation to prohibiting food distributors from dumping  sub-standard  or
below grade out-of-state agricultural products or culls

PURPOSE  OR GENERAL IDEA OF BILL: To prevent out-of-state food distribu-
tors from dumping substandard agricultural products because of the like-
lihood that these products spread disease.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill creates a new Article 13-F  entitled  "Prohibition
of Dumping Certain Agricultural Products" to the Agriculture and Markets
Law.  This creates a new section 160-w which makes it illegal for a food
distributor to dump or discard any sub-standard product from outside the
State that could contaminate food and requires such product or  cull  be
disposed in a landfill.

Section  2 establishes the penalties when an individual does comply with
items in Section 1 of the  bill.  Requires  that  individuals  would  be
responsible  for  the  clean-up of a site they contaminated and any food
that must be recalled. Also requires that parties pay a  $500  fine  for
the first offense and $1,000 for the second and each subsequent offense.

JUSTIFICATION:

In  regards  to  dumping sub-standard agricultural products, current law
does not adequately provide protection to owners of lands that are  used
for  agricultural  purposes. Therefore, it is essential that a mechanism
be developed that would allow land owners to recoup some  of  the  costs
that  are  associated when a sub-standard agricultural product is dumped
on their property.

Particular to New York, is the threat of Iris Yellow Spot  Virus  (IYSP)
for  onion  growers.  According  to  Cornell  Cooperative Extension, New
York's growing conditions contain the proper vector for IYSP which  will
ultimately  affect  bulb  size. In other states, IYSP was found on vege-
tation surrounding onion fields the same time it was detected on onions,
so it is possible IYSP already exists in the state.

In order to prevent viruses like IYSP from having a negative  impact  on
New  York's  agriculture sector, we must provide necessary protection to
land owners and packagers.

PRIOR LEGISLATIVE HISTORY:

2011-2012: A.2604; held for considration in agriculture.
2009-2010: A. 2606; referred to agriculture
2007-2008: A.5620; held for consideration in agriculture

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None to state.

EFFECTIVE DATE: This act shall take effect immediately.
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A03431 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3431

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 25, 2013
                                      ___________

       Introduced  by  M.  of A. RABBITT, CROUCH, BUTLER, DUPREY -- Multi-Spon-
         sored by -- M. of A.  BARCLAY, FINCH, HAWLEY, OAKS,  REILICH,  TEDISCO
         -- read once and referred to the Committee on Agriculture

       AN  ACT to amend the agriculture and markets law, in relation to prohib-
         iting food distributors from dumping sub-standard or below grade  out-
         of-state agricultural products or culls

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  article 13-F to read as follows:

    3                                ARTICLE 13-F
    4            PROHIBITION OF DUMPING CERTAIN AGRICULTURAL PRODUCTS
    5  SECTION 160-W. DUMPING OF CERTAIN AGRICULTURAL PRODUCTS; PROHIBITED.
    6    S  160-W. DUMPING OF CERTAIN AGRICULTURAL PRODUCTS; PROHIBITED.  1. NO
    7  PERSON OR BUSINESS ENGAGED IN THE SALE OR DISTRIBUTION OF FOOD  PRODUCTS
    8  SHALL  DUMP,  OR  OTHERWISE  DISCARD IN A MANNER REASONABLY AND CAUSALLY
    9  CONNECTED TO THE CONTAMINATION OF FOOD,  ANY  OUT-OF-STATE  AGRICULTURAL
   10  PRODUCT,  INCLUDING VEGETABLES, FRUITS AND OTHER LIKE PRODUCE, THAT FALL
   11  BELOW THE OFFICIAL STANDARD OR GRADE OF QUALITY FOR SUCH PRODUCT, OR ANY
   12  CULL AS DEFINED BY THE COMMISSIONER. ANY PERSON VIOLATING THE PROVISIONS
   13  OF THIS SECTION SHALL BE PENALIZED PURSUANT TO SECTION THIRTY-NINE-A  OF
   14  THIS CHAPTER.
   15    2.  ANY AND ALL OUT-OF-STATE AGRICULTURAL PRODUCTS THAT FALL BELOW THE
   16  OFFICIAL STANDARD OR GRADE OF QUALITY FOR SUCH  PRODUCT,  OR  ANY  CULL,
   17  SHALL BE DISPOSED OF IN SUCH LANDFILLS AS ARE APPROPRIATE AND DESIGNATED
   18  BY THE COMMISSIONER.
   19    S  2.  The  agriculture  and  markets  law  is amended by adding a new
   20  section 39-a to read as follows:
   21    S 39-A. PENALTIES FOR VIOLATING SECTION ONE HUNDRED  SIXTY-W  OF  THIS
   22  CHAPTER. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SECTION ONE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05085-01-3
       A. 3431                             2

    1  HUNDRED  SIXTY-W  OF  THIS CHAPTER MAY BE SUBJECT TO A FINE EQUAL TO THE
    2  SUM OF ANY AND ALL EXPENSES INCURRED IN THE CLEAN-UP OR  DECONTAMINATION
    3  OF  SUCH  DUMPING SITE AND THE COSTS REASONABLY RELATED TO RECALLING ANY
    4  CONTAMINATED  FOOD  DISTRIBUTED  IN  THE  MARKETPLACE  PLUS FIVE HUNDRED
    5  DOLLARS FOR THE SECOND VIOLATION  AND  ONE  THOUSAND  DOLLARS  FOR  EACH
    6  SUBSEQUENT VIOLATION.
    7    S 3. This act shall take effect immediately.
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