New York S 1882: Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism

Bill Text

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S01882 Summary:

BILL NOS01882 

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SAME ASNo Same As

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SPONSORWALCZYK

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COSPNSR

&nbsp

MLTSPNSR

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Amd §§305-a & 301, Ag & Mkts L

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Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism.

Go to top S01882 Actions:

BILL NOS01882 

&nbsp

01/14/2025REFERRED TO AGRICULTURE

01/07/2026REFERRED TO AGRICULTURE

Go to topS01882 Committee&nbspVotes:

Go to topS01882 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01882 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1882

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sen. WALCZYK -- read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture

 AN ACT to amend the agriculture and markets law, in relation to certain
 farm wineries, farm breweries, farm distilleries, and farm cideries
 whose business includes agricultural tourism

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 305-a of the agriculture and
 2 markets law is amended by adding a new paragraph d to read as follows:
 3 d. For farm wineries, farm breweries, farm distilleries, and farm
 4 cideries in an approved agricultural district whose business includes
 5 agricultural tourism as defined in subdivision fifteen of section three
 6 hundred one of this article and who were developed and induced with the
 7 assistance of the empire state development corporation, the commission-
 8 er, in consultation with the New York state liquor authority and empire
 9 state development corporation, may make a determination at the request
 10 of a farm winery, farm brewery, farm distillery, or farm cidery as to
 11 whether marketing activities and other related practices are "unreason-
 12 ably restricted" by proposed changes in local land use regulations,
 13 ordinances, or local laws or reviewing a permit pertaining to agricul-
 14 tural practices. For purposes of this section "farm operation" as
 15 defined in subdivision eleven of section three hundred one of this arti-
 16 cle, shall also include food sales, on-farm wedding receptions, parties,
 17 and special events (including, but not limited to, harvest festivals,
 18 charitable events, and wine, beer, cider and distilled spirits tastings)
 19 at which such farm winery, farm brewery, farm distillery, or farm cidery
 20 sells, markets, or offers for sale its crop including, but not limited
 21 to wines, beers, cider, or distilled spirits. "Farm operation" shall
 22 also include the purchasing of crops between farms located in New York.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05463-01-5

 S. 1882 2

 1 § 2. Subdivision 15 of section 301 of the agriculture and markets law,
 2 as amended by chapter 87 of the laws of 2010, is amended to read as
 3 follows:
 4 15. "Agricultural tourism" means activities, including the production
 5 of maple sap and pure maple products made therefrom, and activities
 6 related to the purchasing, selling, marketing, and production of wine,
 7 beer, cider, distilled spirits, and other New York state farm products,
 8 by farm wineries, farm breweries, farm distilleries, and farm cideries,
 9 conducted by a farmer on-farm for the enjoyment and/or education of the
 10 public, which primarily promote the sale, marketing, production,
 11 harvesting or use of the products of the farm and enhance the public's
 12 understanding and awareness of farming and farm life.
 13 § 3. This act shall take effect on the ninetieth day after it shall
 14 have become a law.

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