senate Bill S6965

Directs the commissioner of agriculture and markets to establish a Dine: Pride of New York program for restaurants which use ingredients produced in New York state

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Apr / 2012
    • REFERRED TO AGRICULTURE
  • 15 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Directs the commissioner of agriculture and markets to establish a Dine: Pride of New York program for restaurants which use ingredients produced in New York state.

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Bill Details

See Assembly Version of this Bill:
A9877
Versions:
S6965
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง156-j, Ag & Mkts L

Votes

10
0
10
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S6965

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing
the Dine: Pride of New York
program for restaurants using and serving New York
state produced foods and food products

PURPOSE:
The purpose of this bill is to promote restaurants and other
food service establishments that use a threshold amount of
ingredients grown and/or processed in New York State. This
information will allow consumers to better locate restaurants that
use New York state products, and encourage more businesses to locally
source for ingredients.

SUMMARY OF PROVISIONS:
Section 1: Amends the Agriculture and Markets Law by adding a new
section 156-j that defines "New York product" as New York state grown
farm products packed within this state in accordance with official
standards established by this chapter, or any New York state produced
or landed aquatic product; or any state processed food product,
manufactured within the state in accordance with official standards
established by the Commissioner of Agriculture and Markets.
"Restaurant" is defined as a place which is regularly operated for
the serving of meals, for consumption on premises or off premises,
for compensation.

The Commissioner is authorized to design, determine and adopt an
official logo for Dine: Pride of New York restaurants which may be
displayed upon the business' premises. Restaurants are eligible for
Dine: Pride of New York membership if not less than fifteen percent
of the ingredients used and served at such restaurants are New York
products.

Each business will include in its application a list of New York
products used and served both annually and seasonally, the names of
the New York product producers from whom such products were
purchased, and a one sentence description of the food and meals
offered. Businesses which the Commissioner finds complies with the
standards established will be designated as a Dine: Pride of New York
restaurant. Businesses that apply within one year of the effective
date of this section shall receive advertising materials and official
Dine: Pride of New York materials free of charge. Thereafter, the
Commissioner may provide such materials, as he or she feels
necessary, to fulfill the goals and purposes of the Dine: Pride of
New York program.

The Department of Agriculture and Markets shall establish on its
departmental website a link dedicated to the Dine: Pride of New York

program. This link shall include the name, location and hours of
operation of each Dine: Pride of New. York designated restaurant, and
the single sentence description of the foods and meals offered by
each restaurant that was included in the application. The Department
of Agriculture and Markets shall work with the
Department of Economic Development to promote Dine: Pride of New York
restaurants.

The Commissioner shall promulgate such rules and regulations as he or
she deems necessary to implement the provisions of this section.

Section Two. This act becomes effective on January 1st next succeeding
the date on which it shall become a law.

JUSTIFICATION:
Agriculture plays a vital role in New York's economy. Including
ancillary industries, such as food processing, farming's annual
economic impact on the state rises to $31.2 billion. An important and
increasing factor in this success has been the local food movement.

While demand for local foods is continually increasing, a study by the
economic development firm Market Ventures found over $700 million in
unmet New York City demand. Additionally, polling has shown that
while New Yorkers favor buying local, they are more likely to do so
if they can conveniently locate such foods. Cornell University found
that 40 percent of New Yorkers are interested in purchasing local
foods only if they don't have to go out of their way to do so.

The current Pride of New York program has been instrumental in
creating awareness about goods and products that are produced
in-state. While retailers and wholesalers are included in the
program, the food itself has always been the focus.

Not everyone interested in local foods can easily reach a farmers
market.
Many consumers seek the ability to better identify what businesses
place an emphasis on locally sourcing. By creating the sister
campaign of Dine: Pride of New York, we can start promoting those
restaurants serving local goods, and fill in gaps in the current
Pride of New York.

This legislation will expand the current program to allow restaurants
serving food and food products produced in New York state access to
promotional materials, thus increasing their exposure to consumers.

Restaurants are eligible for membership if no less than 15~ of the
ingredients used and served are New York products. Members will
receive Dine:
Pride of New York advertising materials, and have their business
featured on a website dedicated to the program. This shall include
the name, location and hours of operations of each Dine: Pride of New
York designated restaurant, and a description of their business.

Additionally, designated businesses will be included in
advertisements as the Department of Agriculture and Markets sees fit.

To become a member, restaurants must submit an application to the
Department. This will include what New York foods and food products
they use, the names of producers from whom they purchase, and a one
sentence description of the food and meals offered.

This type of branding has been shown to positively affect consumer
behavior. Individuals are found to prefer, and pay a premium for,
products labeled as produced locally or in-state. Dine: Pride of New
York will shine a light on those restaurants locally sourcing, and
help drive consumers to their doors.

Dine: Pride of New York will encourage more restaurants to use local
products, thus increasing the demand for state products.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which it shall have become a law,
provided that, effective immediately, any rules and regulations
necessary to implement provisions of this act on its effective date
are authorized and directed to be promulgated on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6965

                            I N  S E N A T E

                             April 17, 2012
                               ___________

Introduced  by  Sens. VALESKY, CARLUCCI, KLEIN, SAVINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture

AN  ACT  to amend the agriculture and markets law, in relation to estab-
  lishing the Dine: Pride of New York program for restaurants using  and
  serving New York state produced foods and food products

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 156-j to read as follows:
  S  156-J.  DINE:  PRIDE  OF NEW YORK. 1. DEFINITIONS.  AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A) "NEW YORK PRODUCT" MEANS (I) NEW YORK  STATE  GROWN  FARM  PRODUCT
PACKED  WITHIN  THIS  STATE IN ACCORDANCE WITH OFFICIAL STANDARDS ESTAB-
LISHED AS PROVIDED BY THIS  ARTICLE,  ARTICLE  THIRTEEN,  ARTICLE  THIR-
TEEN-A, ARTICLE THIRTEEN-B, ARTICLE THIRTEEN-C AND ARTICLE THIRTEEN-D OF
THIS  CHAPTER  OR ANY NEW YORK STATE PRODUCED OR LANDED AQUATIC PRODUCT,
SUBJECT TO AND IN ACCORDANCE WITH RULES AND REGULATIONS TO BE PROMULGAT-
ED BY THE COMMISSIONER; OR
  (II) ANY NEW YORK STATE PROCESSED FOOD  PRODUCT,  MANUFACTURED  WITHIN
THIS  STATE  IN  ACCORDANCE  WITH  OFFICIAL STANDARDS ESTABLISHED BY THE
COMMISSIONER PURSUANT TO REGULATION, WHICH ARE ESSENTIALLY  COMPOSED  OF
NEW YORK STATE GROWN FARM PRODUCTS, PROVIDED, HOWEVER, THAT WHENEVER THE
COMMISSIONER  DETERMINES, AFTER PUBLIC HEARING, THAT THE USE OF INGREDI-
ENTS NOT GROWN OR PRODUCED IN THIS STATE IS NECESSARY OR  BENEFICIAL  IN
MANUFACTURING  A  PARTICULAR PRODUCT BECAUSE SUCH INGREDIENTS ARE EITHER
NOT GROWN IN NEW YORK OR UNAVAILABLE IN  SUFFICIENT  QUANTITY  OR  AT  A
REASONABLE  PRICE  TO  ALLOW THE PRODUCT TO BE COMPOSED OF ONLY NEW YORK
STATE GROWN FARM PRODUCTS, THE STANDARD FOR SUCH PRODUCT  MAY  AUTHORIZE
THE  INCLUSION OF INGREDIENTS NOT PRODUCED IN THIS STATE, EXCEPT THAT IN
NO EVENT SHALL AN OFFICIAL BRAND OR MARK BE APPROVED FOR USE ON  A  FOOD
PRODUCT UNLESS AT LEAST FIFTY-ONE PERCENT OF ITS CONTENT IS DERIVED FROM
NEW YORK STATE GROWN FARM PRODUCTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14878-04-2

S. 6965                             2

  (B)  "RESTAURANT"  MEANS  A  PLACE WHICH IS REGULARLY OPERATED FOR THE
SERVING OF MEALS, FOR CONSUMPTION  ON  PREMISES  OR  OFF  PREMISES,  FOR
COMPENSATION.
  2. THE COMMISSIONER SHALL DESIGN, DETERMINE AND ADOPT AN OFFICIAL LOGO
FOR  DINE: PRIDE OF NEW YORK RESTAURANTS WHICH MAY BE DISPLAYED UPON THE
PREMISES OF RESTAURANTS DESIGNATED PURSUANT TO THIS SECTION.  SUCH LOGO,
WHEN ADOPTED BY THE COMMISSIONER, MAY BE REGISTERED AS  A  TRADEMARK  IN
THE  OFFICE OF THE SECRETARY OF STATE PURSUANT TO ARTICLE TWENTY-FOUR OF
THE GENERAL BUSINESS LAW OR ANY OTHER PROVISION OF LAW RELATING  TO  THE
REGISTRATION  OF  TRADEMARKS.  SUCH TRADEMARK SHALL BE REGISTERED BY THE
SECRETARY OF STATE WITHOUT EXTRACTION OF ANY FEE THEREFOR.  THE  COMMIS-
SIONER MAY, IN HIS OR HER DISCRETION, REGISTER SUCH MARK WITH THE UNITED
STATES GOVERNMENT AND ANY OTHER STATE OR FOREIGN COUNTRY.
  3.  THE  OPERATOR OF ANY RESTAURANT, WHO OPERATES AT LEAST ONE RESTAU-
RANT IN THIS STATE, MAY APPLY TO THE COMMISSIONER TO HAVE  A  RESTAURANT
DESIGNATED  AS  A  DINE:  PRIDE  OF  NEW  YORK, IF NOT LESS THAN FIFTEEN
PERCENT OF THE INGREDIENTS USED AND SERVED AT SUCH  RESTAURANT  ARE  NEW
YORK  PRODUCTS. EVERY APPLICANT FOR DESIGNATION PURSUANT TO THIS SECTION
SHALL INCLUDE IN HIS OR HER APPLICATION A LIST OF NEW YORK PRODUCTS USED
AND SERVED ANNUALLY, THE NAMES OF THE NEW YORK  PRODUCT  PRODUCERS  FROM
WHOM SUCH PRODUCTS WERE PURCHASED, AND A ONE SENTENCE DESCRIPTION OF THE
FOOD  AND  MEALS  OFFERED  BY THE APPLICANT. THE COMMISSIONER MAY, BASED
UPON THE PRODUCERS NAMED IN EACH APPLICATION, VERIFY THAT  THE  PRODUCTS
AND/OR  INGREDIENTS  USED  AND  SERVED  BY  THE  APPLICANT  ARE NEW YORK
PRODUCTS. IF THE COMMISSIONER  FINDS  THAT  THE  APPLICANT'S  RESTAURANT
COMPLIES  WITH  THE STANDARDS ESTABLISHED IN THIS SUBDIVISION, HE OR SHE
SHALL DESIGNATE THE APPLICANT'S RESTAURANT AS A DINE: PRIDE OF NEW  YORK
RESTAURANT.    APPLICANTS  RECEIVING SUCH DESIGNATION WITHIN ONE YEAR OF
THE EFFECTIVE DATE OF THIS SECTION SHALL BE PROVIDED WITH OFFICIAL DINE:
PRIDE OF NEW YORK ADVERTISING AND PROMOTIONAL MATERIALS FREE OF  CHARGE.
THEREAFTER,  THE COMMISSIONER SHALL PROVIDE SUCH MATERIALS, AS HE OR SHE
DEEMS NECESSARY, TO FULFILL THE GOALS AND PURPOSES OF THE DINE: PRIDE OF
NEW YORK PROGRAM.
  4. THE  DEPARTMENT  SHALL  ESTABLISH,  ON  ITS  DEPARTMENTAL  INTERNET
WEBSITE,  A LINK DEDICATED TO THE DINE: PRIDE OF NEW YORK PROGRAM.  SUCH
LINK SHALL INCLUDE THE NAME, LOCATION AND HOURS  OF  OPERATION  OF  EACH
DINE:  PRIDE OF NEW YORK DESIGNATED RESTAURANT AND THE BRIEF DESCRIPTION
OF THE FOODS AND MEALS OFFERED BY EACH SUCH RESTAURANT THAT WAS PROVIDED
IN  THE  RESTAURANT'S  APPLICATION  FOR  DESIGNATION  PURSUANT  TO  THIS
SECTION.    FURTHERMORE, THE DEPARTMENT, IN COOPERATION WITH THE DEPART-
MENT OF ECONOMIC DEVELOPMENT AND THE REGIONAL OFFICES  OF  SUCH  DEPART-
MENT,  SHALL  ENGAGE  IN THE PROMOTION OF DINE: PRIDE OF NEW YORK DESIG-
NATED RESTAURANTS.
  5. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  HE
OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided, that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be promulgated on or before such date.

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