A10803 Summary:

BILL NOA10803
 
SAME ASSAME AS S05309-B
 
SPONSORMagee
 
COSPNSRHunter, Jones, Pellegrino, Woerner, Stirpe, D'Urso, Rivera, DiPietro, Crouch, Finch
 
MLTSPNSR
 
Amd Ag & Mkts L, generally
 
Relates to the inspection and sale of seeds, agricultural liming materials and commercial fertilizer.
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A10803 Actions:

BILL NOA10803
 
05/18/2018referred to agriculture
06/06/2018reported referred to codes
06/13/2018reported referred to ways and means
06/14/2018reported referred to rules
06/18/2018reported
06/18/2018rules report cal.255
06/18/2018ordered to third reading rules cal.255
06/19/2018passed assembly
06/19/2018delivered to senate
06/19/2018REFERRED TO RULES
06/20/2018SUBSTITUTED FOR S5309B
06/20/20183RD READING CAL.1835
06/20/2018PASSED SENATE
06/20/2018RETURNED TO ASSEMBLY
08/13/2018delivered to governor
08/24/2018signed chap.253
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A10803 Committee Votes:

AGRICULTURE Chair:Magee DATE:06/06/2018AYE/NAY:20/0 Action: Favorable refer to committee Codes
MageeAyeBlankenbushAye
LiftonAyeButlerAye
GuntherAyeCrouchAye
RosenthalAyeFinchAye
JenneAyeHawleyAye
BronsonAyeFitzpatrickAye
RiveraAye
BarrettAye
StirpeAye
SantabarbaraAye
SkoufisAye
WoernerAye
JonesAye
EpsteinAye

CODES Chair:Lentol DATE:06/13/2018AYE/NAY:21/0 Action: Favorable refer to committee Ways and Means
LentolAyeCurranAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
TitusAyeGarbarinoAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiExcused
FahyAye
SeawrightAye

WAYS AND MEANS Chair:Weinstein DATE:06/14/2018AYE/NAY:33/0 Action: Favorable refer to committee Rules
WeinsteinAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttExcusedFitzpatrickAye
GlickAyeHawleyAye
NolanAyeMalliotakisAye
PretlowAyeWalterAye
PerryAyeMontesanoAye
ColtonAyeCurranAye
CookAyeRaAye
CahillAye
AubryAye
HooperExcused
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
Peoples-StokesAye
SimotasAye

RULES Chair:Heastie DATE:06/18/2018AYE/NAY:30/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
GanttExcusedCrouchAye
NolanAyeFinchAye
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeHawleyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye

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A10803 Floor Votes:

DATE:06/19/2018Assembly Vote  YEA/NAY: 141/0
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
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A10803 Text:



 
                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-
    10  vulus arvensis), quackgrass (Elytrigia repens), Canada thistle  (Cirsium
    11  arvense),  bedstraw  (Galium  spp.), dodder (Cuscuta spp.), horse nettle
    12  (Solanum carolinense), wild onion (Allium canadense and  A.    vineale),
    13  corn  cockle  (Agrostemma  githago),  and  Russian  knapweed (Acroptilon
    14  repens)] 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.
                                                                   LBD09975-07-8

        A. 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 presence
    47  of the supplier or a person responsible to  the  supplier.  Such  sample
    48  shall,  in  the  presence  of the witness, be divided into two represen-
    49  tative samples, each sealed, and one of such  sealed  samples  shall  be
    50  tendered,  and  if  accepted, delivered to the witness; the other sealed
    51  sample 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 least
    56  annually] 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,
    10  shrubbery, flowers, golf courses, municipal  parks,  cemeteries,  green-
    11  houses 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 official
    36  sample shall be divided into two representative  samples,  each  sealed,
    37  and  one  of  such  sealed  samples  shall be tendered, and if accepted,
    38  delivered to the custodian of the product; the other sample the  commis-
    39  sioner  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 as
    42  that  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 directions

        A. 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.
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