2015 sugar house regulations nys

[BreezyHill]

CFF,
You got to use the terms of today: Brother from another mother, Bro, My mothers, mothers, daughter's, sons, auh let me think, how it goes...sir.

Isn't Maple week a term used to describe the time of year that you allow people to visit your operation.

In my neck of the woods there are so many outsiders coming in and wanting to turn our rural town into suburbia that it is totally nuts. 85 decibels at the property line for man made noise regulation....thank God they put in a Ag exception. Otherwise my tractor that will run a flame out the stack when mowing at night would be illegal. I wear ear plugs and ear muffs.

I am sorry you are going thru the BS you are but amagine the BS if you had built the sugar house first. I had a neighbor do just that and he was turned in. Shortly after he dided I saw the building was pulled down.

Remember you don't own the land you just rent it from the govt and pay rent...better known as taxes.

Ask Cuomo why he didn't rollout part two to the Safe Act...

Hang tough brother!

Ben

[Urban Sugarmaker]

Remember you don't own the land you just rent it from the govt and pay rent...better known as taxes.

You could not have said this better. It's true. Where do our rights begin as grantees of the deed, and where do theirs end?

[maple flats]

The government only has the powers we (the people) grant them. It amazes me how much we (collectively) have given them. Those who don't want to get involved and those who do not vote nor express their desires are the ones who, by default grant these powers. Thomas Jefferson, who penned the constitution and rather than put what became the Bill Of Rights in the main text, purposely made them an addendum to the Constitution. He wanted them to spell out what Congress can not do.
Since then the elected leaders have ravaged the original document to the point that modern day citizens have no idea what they can and can not do. Those who want to participate in the oldest agricultural business this great nation had don't dare build a structure to process the maple sap into syrup and more.
We now let the local elected (and sometimes appointed) official bully us and prohibit us from building a sugar house. In Tim's (Clarkfield Farm) now famous words, "this is INSANE".

[Jswanson]

I thought this might be useful.

2010 Building Code.

SECTION 101 TITLE, SCOPE AND PURPOSE

101.1 Title. These provisions shall be known as the Building Code of New York State and shall be cited as such and will be referred to herein as "this code."

101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exceptions:
1. Detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height above grade with separate means of egress and their accessory structures shall comply with the Residential Code of New York State.
2. Agricultural buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes.
[/B]3. Construction trailers used as a temporary office for the purpose of monitoring construction at a construction site.
4. Structures such as radio and television transmission, communication and wind generation towers not attached to buildings.

AGRICULTURAL, BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public.

PART 276 FOOD PROCESSING ESTABLISHMENTS
New York State Department of Agriculture and Markets Page 5 of 6
file:///C:/Users/Admin/Desktop/Maple%20Syrup/Exemption%20from%20lic._files/Exemp... 3/14/2015
Subject to Regulation Under Article 20-C of the Agriculture and Markets Law Section
276.1 Good manufacturing practices.

All food processing establishments subject to regulation under article 20-C of the Agriculture and Markets Law shall be subject to the current good manufacturing practices of Part 261 of this Title unless exempted by said article 20-C or by this Part.

Section 276.4 Exemption.

a. Maple syrup and honey. Processors of maple syrup or honey who do not purchase maple syrup or honey from others for repackaging, and who do not combine maple syrup or honey with any other substance, shall be exempt from the licensing requirements of this Subchapter, provided that the following conditions are met:
1. Such establishments are maintained in a sanitary condition and manner, and to this end the following requirements shall be complied with:
i. Every practicable precaution shall be taken to exclude birds, insects (except those involved in the production of the product), rodents and other vermin and animals from the premises of the operation.
ii. The use of insecticides, rodenticides and other pest control items in such establishments shall be permitted only under such precautions and restrictions as will prevent the contamination of the product.
iii. Rooms, compartments, places, equipment and utensils used for preparing, storing or otherwise handling the product, and all other parts of the operating premises, shall be kept in a clean and sanitary condition.
iv. There shall be no handling or storing of materials which may create insanitary conditions in any place or places where the product is prepared, stored or otherwise handled.
v. All equipment and utensils used in processing or handling the product shall be maintained in good repair to assure sanitary conditions in the operation.
vi. All finished product containers must be clean, sanitary and properly labeled in compliance with the requirements of Parts 175, 176 and 259 of this Title.
b. Exemptions from licensing requirements of article 20-C of the Agriculture and Markets Law under this section are conditioned on continued compliance with the requirements of this section.
c. The granting of an exemption pursuant to this section will not except an operation from any inspections the commissioner may deem necessary to assure compliance with this section.

[boneheadben]

As far maple weekend goes as already stated it is illegal, doesn't matter if the state promotes it. If u are not commercial zoned that's our state for ya, 70% or more of participating sugar houses are probably illegal, state says to public go and visit these illegal places and if someone turns you in state says screw ya, this is why I don't understand how the nys maple association can even let this continue without resolving the issue first.

[Clarkfield Farms]

"The man with experience will never be at the mercy of a man with a theory" is the way the old saying used to go... But the Golden Rule was somehow similarly abominated along the way, too: "He who has the gold, makes the rules." We're being governed by the unelected, who are appointed by the unelectable, who for whatever reasons continue to be elected...

...by the governed.

[Clarkfield Farms]

I'm not at present recalling the author but a few decades ago I read: "The more rules governing the body, the more corrupt the body becomes." You can't obey one "rule" without violating at least one other.

With a system like ours that is so self-serving that it cannot justify its existence beyond the incessant writing of new laws, what hope have we that anything good can come of it?

[Moser's Maple]

As far maple weekend goes as already stated it is illegal, doesn't matter if the state promotes it. If u are not commercial zoned that's our state for ya, 70% or more of participating sugar houses are probably illegal, state says to public go and visit these illegal places and if someone turns you in state says screw ya, this is why I don't understand how the nys maple association can even let this continue without resolving the issue first.

i have to respectfully disagree with this. If this is the case then dairy farms would not be able to give tours, horse stables couldn't give lessons. This is why for maple weekend you purchase the proper general liability insurance, product liability insurance, if want to take an extra step you have the NYS Ag and Markets come inspect your place for sanitation, oh and make sure if you are selling products other than maple you contact the health department to come and inspect for your temporary food service permits you can acquire for individual events.
as far as structure goes this seems very dependent as far as where you are in the state. I know some areas give harder times of what is ag is considered when it comes to sugarhouses. I do know if you plan on trying to build a sugarhouse house in village limits, or in a business district then ag zoning probably will not apply, instead you'll have to abide by the rules in that particular zone. I also know in some village districts to build new ag is not allowed, but to remodel existing ag is allowable. As for construction wise for ag, it's adviseable to build to standard codes, or as close as possible. although your local building inspector may not inspect your building, you can bet your insurance company will know what is acceptable, and unacceptable. If you plan on having public coming, again this is where common sense comes into play to have fire suppression, safe exits, cleared walk ways..etc....
it is also a good idea to have your local fire department, or fire inspector come up and give suggestions and a possible occupancy number. These things are not needed, but it's a good idea to have especially if the public is involved.
as for food say for maple weekend. when you contact the health department they will come up and inspect....for us it was the opening saturday of maple weekend. we had on the permit to do hot dogs. the lady came up inspected our grill, our hand sanitation by the porta potty, and our source of water which consisted of thermos' of water from a municiple water supply, ro permeate, and cases of bottled water, which were all excepted forms of water. the inspected asked how we heat the water and she was shown the cook stove in the camp area which was an accepted way to heat water. she asked where the grey water went to, and let her see the 2 5 gallon pails under the sink. this was also acceptable, as long as we transport the grey water back to one of our homes to dump down a proper septic system. What got my attention was my mother was making some chili while she was there for use to have on the go for lunch. The health inspector ask if we were selling chili and I explained no, because it was being made here and this is not our inspected kitchen. She in turn informed me that this would an allowable kitchen for these events because she has inspected the kitchen and would be considered a "home use" kitchen for the event. she went on to tell me that we could make anything we would like as long as it is done in that kitchen and the days of the events. if we bring in outside food to sell, then at that point it has to come from our 20C kitchen because it is being transported ( go figure).So as far as I'm concern we are perfectly "legal" for maple weekends even though a "building permit" was never issued for our structures. We are also ground level, with 42 in out swinging doors which makes us handicap accessible, and commerical dwelling compliant for exiting. Like I said common sense building goes a long ways.

[boneheadben]

Moser, I wish i I could say I agree, but I know I am right because it happened To me, this year, a neighbor turned me in to the town for having public Into an Ag building and retailing out of it. Inspector was going to to give citation but I talked him out of it. Ag and markets told me that it is illegal to have public in and retail out of an Ag building. They have tried three years to get a bill signed by the gov but has not yet. If don't believe me call them yourself or Helen thomas

[Clarkfield Farms]

Disagreeing is fine, Jake, but please check with the State. Not only did the Town tell me this, but it also came from the people I've been in regular contact with from the NYS Ag Protection Unit. Even back in 2012, Bob Somers was clear that, "If so, the sales facility will have to be built to standards established under the Building Code of New York State because the public has access to the building. Under the BCNYS, the structure would no longer be considered an agricultural building. Retail farm sales from a building is considered a mercantile facility. If you sell from your property, you will also have to go through the Town’s streamlined site plan review process...", virtually echoing what the Town told me.