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§ 309. Advisory  council on agriculture. 1. There shall be established
within the department the advisory council on agriculture, to advise and
make recommendations to the state agencies on  state  government  plans,
policies  and  programs affecting agriculture, as outlined below, and in
such areas as its experience and studies may indicate to be appropriate.
The department  of  agriculture  and  markets  shall  provide  necessary
secretariat and support services to the council.
  2. The advisory council on agriculture shall consist of eleven members
appointed  by  the  governor  with the advice and consent of the senate,
selected for their experience and expertise related to areas of  council
responsibility.  At least five members of the council shall be operators
of a commercial farm enterprise  and  at  least  two  members  shall  be
representatives  of  local governments. The balance of the council shall
be comprised of representatives of business or institutions  related  to
agriculture.  Members  shall  be appointed for a term of three years and
may serve until their successors are chosen provided, however,  that  of
the  members  first appointed, three shall serve for a term of one year,
three shall serve for a term of two years, and three shall serve  for  a
term  of  three  years.  Members shall serve without salary but shall be
entitled  to  reimbursement  of  their  ordinary  and  necessary  travel
expenses. The members of the council shall elect a chairman.
  3.  The  duties  and  responsibilities  of  the  advisory  council  on
agriculture as they pertain to agricultural districts shall include, but
not be limited to, providing timely advice, comments and recommendations
to the commissioner in regard to:
  a. the establishment of agricultural districts;
  b. the eight year review of agricultural districts; and
  c. the establishment of and any revision to  the  land  classification
system  used  in  connection  with  the  determination  of  agricultural
assessment values.
  The commissioner may delegate to the council  such  additional  duties
and responsibilities as he deems necessary.
  4.  The  duties  and  responsibilities  of  the  advisory  council  on
agriculture shall include, but  not  be  limited  to,  providing  timely
advice, comments and recommendations to the commissioner of taxation and
finance  in  regard  to  the  establishment  of  agricultural assessment
values.
  5. The advisory council on agriculture shall advise  the  commissioner
and  other  state  agency  heads on state government plans, policies and
programs affecting farming and the agricultural industry of this  state.
Concerned  state  agencies  shall  be  encouraged to establish a working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.
  6. The advisory council on agriculture may ask  other  individuals  to
attend  its  meetings  or work with it on an occasional or regular basis
provided, however, that it shall invite participation by the chairman of
the state soil and water conservation committee and the dean of the  New
York   state  college  of  agriculture  and  life  sciences  at  Cornell
university. The advisory council on agriculture shall set the  time  and
place of its meetings, and shall hold at least one meeting per year.
  7.  The advisory council on agriculture shall file a written report to
the governor and the legislature by April first each year concerning its
activities during the previous year and its program expectations for the
succeeding year.
  8. The advisory council on agriculture shall advise  the  commissioner
in regards to whether particular land uses are agricultural in nature.
  9.   a.   The   advisory  council  on  agriculture  shall  advise  the
commissioner  in  establishing  procedures  for  making  annual   awards

recognizing  New  York  farms,  agricultural,  food, and animal or plant
fiber textile  businesses,  and  institutions  that  are  successful  in
producing,  processing, marketing, and/or promoting New York farm, food,
and  animal  or  plant  fiber  textile  products. The commissioner shall
coordinate with the commissioner of economic  development  to  determine
which  department shall make awards in categories that may be similar to
those listed in subdivision eighteen-c of section  one  hundred  of  the
economic  development law. These awards shall be given in recognition of
exceptional performance and support for New York agriculture by persons,
firms and organizations that are principally located within the state of
New York  and  engaged  in  the  operation  of  New  York  state  farms,
businesses and institutions.
  b.  The council may annually nominate and forward such nominations for
awards to the commissioner for the commissioner's consideration  in  the
following categories:

(i) innovative and unique farm products developed for food, beverages, animal or plant fiber textiles, or horticulture;

(ii) agri-tourism;

(iii) foods or beverages processed or manufactured from New York farm products;

(iv) retail food stores;

(v) restaurants and other food service businesses;

(vi) education, health care and residential institutions including, but not limited to, food service in schools, colleges, hospitals, nursing homes, day care and senior centers; and

(vii) animal or plant fiber textiles processed or manufactured from animal and plant fibers grown or produced predominantly in New York state. c. The council may also recommend to the commissioner nominations for awards given pursuant to subdivision eighteen-c of section one hundred of the economic development law. d. The commissioner may designate award winners from these nominees at his or her discretion. Current members of the advisory board and their businesses are not eligible as nominees.