- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A10803 Summary:
BILL NO | A10803 |
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SAME AS | SAME AS S05309-B |
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SPONSOR | Magee |
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COSPNSR | Hunter, Jones, Pellegrino, Woerner, Stirpe, D'Urso, Rivera, DiPietro, Crouch, Finch |
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MLTSPNSR | |
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Amd Ag & Mkts L, generally | |
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Relates to the inspection and sale of seeds, agricultural liming materials and commercial fertilizer. |
A10803 Actions:
BILL NO | A10803 | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/18/2018 | referred to agriculture | |||||||||||||||||||||||||||||||||||||||||||||||||
06/06/2018 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2018 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2018 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | rules report cal.255 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | ordered to third reading rules cal.255 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | SUBSTITUTED FOR S5309B | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | 3RD READING CAL.1835 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
08/13/2018 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
08/24/2018 | signed chap.253 |
A10803 Committee Votes:
Magee | Aye | Blankenbush | Aye | ||||||
Lifton | Aye | Butler | Aye | ||||||
Gunther | Aye | Crouch | Aye | ||||||
Rosenthal | Aye | Finch | Aye | ||||||
Jenne | Aye | Hawley | Aye | ||||||
Bronson | Aye | Fitzpatrick | Aye | ||||||
Rivera | Aye | ||||||||
Barrett | Aye | ||||||||
Stirpe | Aye | ||||||||
Santabarbara | Aye | ||||||||
Skoufis | Aye | ||||||||
Woerner | Aye | ||||||||
Jones | Aye | ||||||||
Epstein | Aye | ||||||||
Lentol | Aye | Curran | Aye | ||||||
Schimminger | Aye | Giglio | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Cook | Aye | Morinello | Aye | ||||||
Cymbrowitz | Aye | Palumbo | Aye | ||||||
Titus | Aye | Garbarino | Aye | ||||||
O'Donnell | Aye | ||||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Excused | ||||||||
Fahy | Aye | ||||||||
Seawright | Aye | ||||||||
Weinstein | Aye | Oaks | Aye | ||||||
Lentol | Aye | Crouch | Aye | ||||||
Schimminger | Aye | Barclay | Aye | ||||||
Gantt | Excused | Fitzpatrick | Aye | ||||||
Glick | Aye | Hawley | Aye | ||||||
Nolan | Aye | Malliotakis | Aye | ||||||
Pretlow | Aye | Walter | Aye | ||||||
Perry | Aye | Montesano | Aye | ||||||
Colton | Aye | Curran | Aye | ||||||
Cook | Aye | Ra | Aye | ||||||
Cahill | Aye | ||||||||
Aubry | Aye | ||||||||
Hooper | Excused | ||||||||
Thiele | Aye | ||||||||
Cusick | Aye | ||||||||
Ortiz | Aye | ||||||||
Benedetto | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Aye | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Simotas | Aye | ||||||||
Heastie | Aye | Kolb | Aye | ||||||
Gottfried | Aye | Oaks | Aye | ||||||
Lentol | Aye | Butler | Aye | ||||||
Gantt | Excused | Crouch | Aye | ||||||
Nolan | Aye | Finch | Aye | ||||||
Weinstein | Aye | Barclay | Aye | ||||||
Hooper | Aye | Raia | Aye | ||||||
Ortiz | Aye | Hawley | Aye | ||||||
Pretlow | Aye | ||||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Morelle | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Galef | Aye | ||||||||
Paulin | Aye | ||||||||
Titus | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Go to top
A10803 Floor Votes:
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
ER
Dilan
Yes
Hunter
Yes
Montesano
Yes
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
ER
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
ER
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
ER
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
A10803 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 10803 IN ASSEMBLY May 18, 2018 ___________ Introduced by M. of A. MAGEE, HUNTER, JONES, PELLEGRINO, WOERNER -- (at request of the Department of Agriculture and Markets) -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the inspection and sale of seeds, agricultural liming materials and commercial fertilizer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2 and 7 of section 136 of the agriculture and 2 markets law, subdivision 2 as added by chapter 631 of the laws of 1955 3 and subdivision 7 as amended by chapter 592 of the laws of 2003, are 4 amended to read as follows: 5 2. The term "seed" means botanical structures used for planting 6 purposes and commonly referred to as "seed" within this state. This 7 includes potato tubers [of the Irish potato] when such tubers are 8 represented as being suitable for planting purposes. 9 7. The term "noxious weed seeds" [includes seeds of bindweed (Convol-10vulus arvensis), quackgrass (Elytrigia repens), Canada thistle (Cirsium11arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horse nettle12(Solanum carolinense), wild onion (Allium canadense and A. vineale),13corn cockle (Agrostemma githago), and Russian knapweed (Acroptilon14repens)] are those noxious weed seeds which are objectionable in agri- 15 culture crops, lawns, and gardens of this state and which can be 16 controlled by good agricultural practices or the use of herbicides. 17 Noxious weeds and the number of such noxious weed seeds allowable per 18 pound of seed shall be established in regulation by the commissioner in 19 consultation with experts in seed certification including, but not 20 limited to, programs at the college of agriculture and life sciences at 21 Cornell university. 22 § 2. Section 136 of the agriculture and markets law is amended by 23 adding two new subdivisions 22 and 23 to read as follows: 24 22. "Mulch" means a protective covering of any suitable substance 25 placed with seed which acts to retain sufficient moisture to support 26 seed germination and sustain early seedling growth and aid in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09975-07-8A. 10803 2 1 prevention of the evaporation of soil moisture, the control of weeds, 2 and the prevention of erosion. 3 23. "Mixture," "mix," or "mixed" means seed consisting of more than 4 one kind, each in excess of five percent by weight of the whole. 5 § 3. Paragraph 2 of subdivision C of section 137 of the agriculture 6 and markets law, as amended by chapter 160 of the laws of 1983, is 7 amended to read as follows: 8 2. Where more than one agricultural seed component is named, the word 9 mixture, mix, or [the word] mixed shall be shown conspicuously on the 10 label. 11 § 4. Paragraph 1 of subdivision D of section 137 of the agriculture 12 and markets law, as added by chapter 631 of the laws of 1955 and clause 13 3 of subparagraph (b) as amended by chapter 592 of the laws of 2003, is 14 amended to read as follows: 15 1. For vegetable seeds in packets for use in home gardens or household 16 plantings or vegetable seeds in pre-planted containers, mats, tapes, or 17 other planting devices and for peas, beans, and sweet corn in containers 18 of one pound or less, and other kinds of vegetable seeds in containers 19 of one-quarter pound or less 20 (a) Name of kind and variety of seed; 21 (b) Lot identification, such as by lot number or other means; 22 (c) The calendar month and year the germination test was completed and 23 the statement "Sell by _______", which may be no more than 12 months 24 from the date of test, exclusive of the month of test; or 25 the year for which the seed was packaged for sale as "Packed for 26 _____" and the statement "Sell by _____", which shall be for a calendar 27 year; or 28 the percentage germination and the calendar month and year the test 29 was completed to determine such percentage provided that the germination 30 test must have been completed within 12 months, exclusive of the month 31 of test; 32 (d) For seeds which germinate less than the standard last established 33 by the commissioner under this article; 34 (1) Percentage of germination, exclusive of hard seed; 35 (2) Percentage of hard seed, if present; 36 (3) The calendar month and year the test was completed and the state- 37 ment "Sell by ______," which may be [nor] not more than twelve months 38 from the date of test, exclusive of the month of test, or the percentage 39 germination and the calendar month and year the test was completed to 40 determine such percentage, provided that the germination test must have 41 been completed within twelve months, exclusive of the month of test[.]; 42 and 43 (4) The words "below standard" in not less than eight-point type. 44 § 5. Subparagraph (c) of paragraph 1 of subdivision E of section 137 45 of the agriculture and markets law is relettered subparagraph (d) and a 46 new subparagraph (c) is added to read as follows: 47 (c) The calendar month and year the germination test was completed and 48 the statement "Sell by ______", which may be no more than 12 months from 49 the date of test, exclusive of the month of test; or 50 the year for which the seed was packaged for sale as "Packed for 51 ______" and the statement "Sell by _____", which shall be for a calendar 52 year; or 53 the percentage germination and the calendar month and year the test 54 was completed to determine such percentage, provided that the germina- 55 tion test must have been completed within 12 months exclusive of the 56 month of test.A. 10803 3 1 § 6. Section 137 of the agriculture and markets law is amended by 2 adding a new subdivision I to read as follows: 3 I. For combination seed and fertilizer products. 1. The word "combina- 4 tion" followed by the words "seed-fertilizer" must appear on the upper 5 thirty percent of the principal display panel. The word "combination" 6 must be the largest and most conspicuous type on the container, equal to 7 or larger than the product name. The words "seed-fertilizer" shall be no 8 smaller that one-half the size of the word "combination" and in close 9 proximity to the word "combination". 10 2. On the analysis label, the percentage by weight of the fertilizer 11 in the container shall be listed on a separate line as a component of 12 the inert matter. 13 § 7. Subdivision B of section 138 of the agriculture and markets law 14 is amended by adding a new paragraph 10 to read as follows: 15 (10) To sell, offer, or expose for sale agricultural seed more than 16 nine months from the date of the germination test, exclusive of the 17 month of the test. 18 § 8. The second undesignated paragraph of section 142 of the agricul- 19 ture and markets law, as added by chapter 631 of the laws of 1955, is 20 amended to read as follows: 21 The commissioner may, through promulgation of regulations, add to, or 22 subtract [from, the list of] noxious weed seeds [set forth in] from 23 definition seven, section one hundred thirty-six of this article, when- 24 ever he finds, after public hearing, that such addition or subtraction 25 is in the best interests of the agriculture of this state. 26 § 9. The agriculture and markets law is amended by adding a new 27 section 142-a to read as follows: 28 § 142-a. Stop sale orders. The commissioner may issue and enforce a 29 written or printed "stop sale, use or removal" order to the owner or 30 custodian of any lot of seed when the commissioner finds that seed is 31 being offered or exposed for sale in violation of any of the provisions 32 of this article, and require the owner or custodian to hold the seeds at 33 a designated place until either: (1) the law has been complied with and 34 said seed is released by the commissioner in writing; or (2) said 35 violation has been otherwise legally disposed of by written authority. 36 The commissioner shall release the seed so withdrawn when the require- 37 ments of the provisions of this article have been complied with. 38 § 10. Subdivisions 1 and 3 of section 142-gg of the agriculture and 39 markets law, as amended by chapter 251 of the laws of 1999, are amended 40 to read as follows: 41 1. It shall be the duty of the commissioner or his or her duly author- 42 ized agent to sample and analyze each different brand of agricultural 43 liming material distributed within the state, to such an extent as he or 44 she may deem necessary to determine compliance with the provisions of 45 this article. 46 [A sample to be designated official shall be one taken in the presence47of the supplier or a person responsible to the supplier. Such sample48shall, in the presence of the witness, be divided into two represen-49tative samples, each sealed, and one of such sealed samples shall be50tendered, and if accepted, delivered to the witness; the other sealed51sample the commissioner shall analyze or cause to be analyzed.] 52 The methods of sampling and analysis shall be those the commissioner 53 may require by regulation and be based on methods adopted by an agricul- 54 tural and food analytical standards association. 55 3. The commissioner shall [publish or cause to be published at least56annually] maintain an annual record of, and make available upon request,A. 10803 4 1 the results of all analyses [indicating] with respect to the information 2 required to be shown on labels and statements pursuant to section one 3 hundred forty-two-cc of this article and such other information as the 4 commissioner shall deem advisable. 5 § 11. Subdivision b of section 143 of the agriculture and markets law, 6 as added by chapter 695 of the laws of 1974, is amended to read as 7 follows: 8 b. The term "specialty fertilizer" shall mean a commercial fertilizer 9 distributed primarily for non-farm use, [such as home gardens, lawns,10shrubbery, flowers, golf courses, municipal parks, cemeteries, green-11houses and nurseries, and such other use] as the commissioner may define 12 by regulation. 13 § 12. Section 143 of the agriculture and markets law is amended by 14 adding a new subdivision t to read as follows: 15 t. The term "agricultural and food analytical standards association" 16 shall mean an independent, third-party, not-for-profit association that 17 develops voluntary, globally accepted, consensus analytical standards 18 and methods for ensuring quality measurements to address the purity and 19 safety of agricultural materials and food and promotes global trade and 20 public health and shall be further defined in regulations by the commis- 21 sioner. 22 § 13. Subdivision (c) of section 146 of the agriculture and markets 23 law, as amended by chapter 251 of the laws of 1999, is amended to read 24 as follows: 25 (c) The licensee shall inform the [director] commissioner in writing 26 of additional distribution points established during the period of the 27 license. 28 § 14. Section 146-a of the agriculture and markets law, as added by 29 chapter 695 of the laws of 1974, is amended to read as follows: 30 § 146-a. Inspection, sampling, analysis. a. It shall be the duty of 31 the commissioner, who may act through his authorized agent, to sample, 32 inspect, and analyze commercial fertilizers distributed within this 33 state at such time and place and to the extent he may deem necessary to 34 determine whether such commercial fertilizers are in compliance with the 35 provisions of this [act] article. [A sample to be designated an official36sample shall be divided into two representative samples, each sealed,37and one of such sealed samples shall be tendered, and if accepted,38delivered to the custodian of the product; the other sample the commis-39sioner shall analyze or cause to be analyzed.] The methods of sampling 40 and analysis shall be those the commissioner may require by regulation 41 and [which may] be based on methods [recommended in publications such as42that of the association of official analytical chemists] adopted by an 43 agricultural and food analytical standards association, as further 44 defined in regulations by the commissioner. 45 b. The results of the analysis of such sample shall be reported to the 46 licensee within ninety days of the date of sampling and the commissioner 47 shall publish or cause to be published at least annually a summary of 48 all analyses made, together with such additional information as circum- 49 stances advise. 50 § 15. Subdivision (b) of section 146-b of the agriculture and markets 51 law, as added by chapter 695 of the laws of 1974, is amended to read as 52 follows: 53 (b) A commercial fertilizer shall be deemed to be adulterated: 54 (1) if it contains any deleterious or harmful ingredient in sufficient 55 amount to render it injurious to beneficial plant life, animals, humans, 56 aquatic life, soil, or water when applied in accordance with directionsA. 10803 5 1 for use on the label, or if adequate warning statements or directions 2 for use, which may be necessary to protect plant life, animals, humans, 3 aquatic life, soil, or water are not shown upon the label; 4 (2) if its composition falls below or differs from that which it is 5 purported to possess by its labelling; [or] 6 (3) if it contains unwanted crop seed or weed seed; or 7 (4) if it contains metals in amounts greater than those levels the 8 commissioner may establish by regulation, based upon the consensus 9 research-based recommendations of an organization of state, territorial 10 and international fertilizer control officials who administer fertilizer 11 laws and regulations. 12 § 16. This act shall take effect on the one hundred twentieth day 13 after it shall have become a law, provided that any rule or regulation 14 necessary for the timely implementation of this act on its effective 15 date may be promulgated on or before such date, provided however that 16 retailers shall have ninety days from the effective date of this act to 17 sell through product subject to paragraph 1 of subdivision D of section 18 137, subparagraph (c) of paragraph 1 of subdivision E of section 137 and 19 paragraph 10 of subdivision B of section 138 of the agriculture and 20 markets law as amended by sections four, five and seven of this act 21 which is held in inventory on the effective date of this act.