> [The bill] did not state that a registry would be "mandatory"
> as the reporter and some beekeepers seem to perceive.
The above is a VERY misleading statement. Was this from Assemblyman Bill
Magee's office, or is was the commentary of wildbranch2007 (Mike from
Syracuse)?
The legislature enacts laws, and when drafting laws, any specific
requirement not explicitly written as voluntary is mandatory by default.
We must comply with all laws, not just those we like.
> there are amendments being made to the
> new bill to state that registration will be voluntary.
Above we see the actual truth - the requirement IS mandatory, unless an
amendment is passed.
That amendment may or may not come out of committee intact.
> There are no fees, and no repercussions for non-compliance written into
the language of the bill.
Another EXTREMELY misleading statement.
Implementation of the legislation is left to the commissioner, who clearly
has the ability to impose fees to "recover costs", without ratification from
the legislature.
As for fines, the implementation of the registration scheme would be
included in "any order of the commissioner", so, unless the new regulation
specifically exempted the registration scheme as NOT "an order of the
commissioner" the repercussions for non-compliance with ANY "order of the
commissioner" is $200 to $400 per day, as follows:
"every person violating any of the provisions of the bee disease law shall
be subject to a penalty in the sum of not less than fifty dollars nor more
than two hundred dollars for
the first violation, nor more than four hundred dollars for the second and
each subsequent violation. Under Section 40 of the same law, a person who
shall fail to obey any order of the commissioner, or who shall violate any
rule of the department shall be subject to a penalty not exceeding the sum
of two hundred dollars for each and every first offense, and a penalty not
exceeding the sum of four hundred dollars for a second and each subsequent
offense."
> The purpose of a (voluntary) registration program is to give the
> Cornell bee program the tools they need to track bee diseases
> across the state, and relay information back to the beekeeping
> community. The bill provides for a method of informing beeks
> about the program, and gives them the opportunity to participate.
Cornell needs no such help - they can drum up all the participation they
need via the existing network of bee associations, and via Pat Bono's NY Bee
Wellness program.
The bill is yet another attempt by Ag & Mkts to empire build in the Empire
State. They keep trying, we keep stopping them.
Just to make my point clear about overreach, here is what I had to wade
through when I was so foolish as to agree to fill in for a sick friend and
honcho a simple Farmer's Market for a single day. These are my actual notes
from a very thick 3-ring binder of regulations that apply to farmers
markets, as I was given a handy list of what was sold at the market. The
manager's task is to consult with the participants at the market, and to
help them comply with the ever-more draconian requirements imposed upon
these hapless souls, so as to avoid having someone fined, and thereby go
home having lost money for the day.
NYS Department of Agriculture & Markets Nursery Growers License (for plants
grown and intended for sale)
NYS Department of Agriculture & Markets Nursery Dealers License (if
purchasing and reselling plants only and the vendor is not involved in any
growing)
Honey/Maple Syrup - Article 20C License from NYS Dept. of Agriculture &
Markets (if items added to honey/maple syrup products; i.e. maple spreads,
honey-mustard)
Baked Goods - 20C Exemption from NYS Dept of Agriculture & Markets if home
baked, non-hazardous; ie. Bread (no breads containing fruits or vegetables),
rolls, cookies, cakes, brownies, fudge & double crust fruit pies. No
internet sales or advertising allowed.
Baked Goods - Article 20C License from NYS Dept. of Agriculture & Markets on
all other baked products provided the business does 51% of its sales at
wholesale. (Requires a separate, commercial kitchen.) All other baked goods
must come from a licensed NYS Department of Health facility.
Mushrooms - Cultivated mushrooms, sold whole, require no license.
Cultivated mushrooms, sliced, chopped, washed and identified as "ready to
eat" or any other processing requires an Article 20-C license.
Mushrooms picked in the wild shall be individually inspected and found to be
safe by an approved mushroom identification expert prior to sale.
THERE ARE NO "approved mushroom experts" in New York State.
Fresh Produce - No permits, licenses or certificates required, if raw,
uncut, and unprocessed.
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