BILL NO A03431
SAME AS No same as
SPONSOR Rabbitt (MS)
COSPNSR Crouch, Butler, Duprey
MLTSPNSR Barclay, Finch, Hawley, Oaks, Reilich, 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.
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.
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.
