§ 260. Definitions. As used in this article:
1. "Farmers' market" shall mean any building, structure or place, the
property of a municipal corporation or under lease to or in possession
of a public or private agency, individual or business used or intended
to be used by two or more producers for the direct sale of a diversity
of farm and food products, as defined in subdivision four of this
section, from producers to consumers and food buyers. Such market may
also include facilities for the packing, shipping, first-instance
processing or storage of farm and food products, and shall include all
equipment used or intended to be used in connection with such
facilities. Such market may also include other businesses which
reasonably serve the public or make the market more convenient,
efficient, profitable or successful, including, but not limited to, food
service, baking, and non-food retailing.
2. "Public market" shall mean any building, structure or place,
operated on a not-for-profit basis in the public interest for the
buying, selling or keeping for sale of farm and food products at retail
and/or wholesale, and may include a farmers' market.
3. "Producer" shall mean any person or persons who grow, produce, or
cause to be grown or produced any farm or food products in New York
4. "Farm and food product" shall mean any agricultural, horticultural,
forest, or other product of the soil or water, including but not limited
to, fruits, vegetables, eggs, dairy products, meat and meat products,
poultry and poultry products, fish and fish products, grain and grain
products, honey, nuts, preserves, maple sap products, apple cider, fruit
juice, wine, ornamental or vegetable plants, nursery products, flowers,
firewood and Christmas trees.
5. "First-instance processing" shall mean the washing, grading and
packaging of farm and food products in connection with a farmers'
6. "Storage" shall mean a facility or equipment with a refrigerated,
controlled atmosphere, or other enclosed unit used for the purpose of
long-term storage of farm and food products in connection with a
7. "Public or private agency" shall mean any agency of federal, state
or local government, regional market authority, public benefit
corporation, not-for-profit corporation, cooperative corporation or
8. "Rural area" shall mean a town having a population density of less
than one hundred fifty persons per square mile or a county having a
population of two hundred thousand or less as reflected in the latest
9. "Food desert" shall mean an area with limited access to affordable
and nutritious food, particularly such an area that is composed of
predominately lower-income neighborhoods and communities.