1. (a) Environmentally responsible manner means participation in:

   1. (1) the Agricultural Environmental Management Program, administered by the Department of Agriculture and Markets (AEM Program), with the completion of tier 2 of the program, or higher, within three years of admission into the New York State Grown and Certified Program; or
   2. (2) another program, either identified in this Part or determined by the commissioner to demonstrate environmental responsibility sufficient to qualify for participation in the New York State Grown and Certified Program.
2. (b) Farm products means agricultural and horticultural products grown and/or produced in New York, including: vegetable and fruit products; grains, livestock and meats; milk, poultry; eggs; nuts; honey; maple tree sap and maple products produced therefrom; as well dairy products that have been processed or manufactured in New York from milk predominantly produced in New York. Except as otherwise provided in this subdivision, a farm product is produced in New York if it is, solely, the product of land or trees located in New York.

3. (c) Forest products means trees, logs, firewood, lumber, paper and related products that have been produced or processed in New York. A forest product is produced in New York if it:

   1. (1) consists solely of trees, or parts thereof, grown in New York; or
   2. (2) it has been manufactured in New York from trees grown predominantly in New York.
4. (d) Good agricultural practices (GAP) and good handling practices (GHP) mean the voluntary audit programs bearing those names administered by the United States Department of Agriculture.
5. (e) GAP or GHP certification means that the processes employed by the producer have been verified under the United States Department of Agriculture’s GAP or GHP Program.
6. (f) GAP or GHP certified equivalent means a program with annual third-party audits to verify that the participant operates using good agricultural and/or handling practices, which program is either identified in this Part or which has been determined to be a GAP or GHP certified equivalent by the commissioner.
7. (g) Horticultural products means nursery stock, ornamental shrubs, ornamental trees and flowers.
8. (h) Seal means the official New York State Grown and Certified seal.

For the purpose of this Part, the following terms shall have the following meanings: