Amd §2, Chap of 2025 (as proposed in S.7359-A & A.7964-A); rpld §16 sub 2-h, amd §166, Ag & Mkts L
Directs the department of agriculture and markets, in cooperation with the department of environmental conservation, to establish standards for designation of native plants, to develop a list of native plants that indicates and differentiates between native plants that are indigenous to New York state and those that are native plants found elsewhere in the United States that are likely to shift or expand their range into NY, to establish a New York native plant designation, and to offer seals or logos identifying native plants as grown in New York state; defines "native plants".
STATE OF NEW YORK
________________________________________________________________________
9478
IN ASSEMBLY
January 7, 2026
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing a New York native plants designation; to repeal certain
provisions of such law relating thereto; and to amend a chapter of the
laws of 2025 amending the agriculture and markets law relating to
establishing a New York native plants designation, as proposed in
legislative bills numbers S. 7359-A and A. 7964-A, in relation to the
effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-h of section 16 of the agriculture and
2 markets law is REPEALED.
3 § 2. Section 166 of the agriculture and markets law is amended by
4 adding two new subdivisions 5 and 6 to read as follows:
5 5. In cooperation with the department of environmental conservation,
6 the department shall:
7 a. establish standards for designation of native plants in New York in
8 consultation with recognized certification organizations, academics,
9 nursery growers, and nursery dealers;
10 b. develop a list of native plants that shall indicate and differen-
11 tiate native plants that are: (i) non-invasive herbaceous and woody
12 plant species that are indigenous to New York state and are likely to
13 maintain their range or successfully adapt to anticipated climate chang-
14 es in New York state and the northeastern United States; and (ii)
15 native, non-invasive plants found elsewhere in the United States that
16 are likely to shift or expand their range into New York state and the
17 northeastern United States in response to anticipated climate change;
18 c. offer seals or logos identifying native plants as grown in New York
19 state and marketed by nursery growers and nursery dealers registered
20 pursuant to this article; and
21 d. provide educational materials promoting awareness and understanding
22 of the benefits of native plants under the New York native plant desig-
23 nation to horticultural producers, garden centers, consumers, educa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11627-04-6
A. 9478 2
1 tional institutions, Cornell cooperative extension, and relevant agri-
2 cultural organizations.
3 6. For the purposes of this section, "native plants" shall mean:
4 a. non-invasive herbaceous and woody plant species that are indigenous
5 to New York state and are likely to maintain their range or successfully
6 adapt to anticipated climate changes in New York state and the north-
7 eastern United States;
8 b. germinating seeds, or other plant parts, used to propagate desira-
9 ble native plants representing a wide variety of species and genotypes
10 of plants; and
11 c. native, non-invasive plants found elsewhere in the United States
12 that are likely to shift or expand their range into New York state and
13 the northeastern United States in response to anticipated climate
14 change.
15 § 3. Section 2 of a chapter of the laws of 2025 amending the agricul-
16 ture and markets law relating to establishing a New York native plants
17 designation, as proposed in legislative bills numbers S. 7359-A and A.
18 7964-A, is amended to read a follows:
19 § 2. This act shall take effect [immediately] one year after it shall
20 have become a law.
21 § 4. This act shall take effect immediately; provided, however, that
22 sections one and two of this act shall take effect on the same date and
23 in the same manner as a chapter of the laws of 2025 amending the agri-
24 culture and markets law relating to establishing a New York native
25 plants designation, as proposed in legislative bills numbers S. 7359-A
26 and A. 7964-A, takes effect.
