senate Bill S2774A

Establishes the Shop: Pride of New York program for food sellers which sell foods 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

  • 23 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 13 / Feb / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 13 / Feb / 2013
    • PRINT NUMBER 2774A
  • 30 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 29 / May / 2013
    • 1ST REPORT CAL.792
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2013
    • SUBSTITUTED BY A3802

Summary

Establishes the Shop: Pride of New York program for food sellers which sell foods produced in New York state.

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Bill Details

See Assembly Version of this Bill:
A3802
Versions:
S2774
S2774A
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง156-j, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Cycle:
S6964A, A9868

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S2774A

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to establishing the Shop: Pride of New York program for whole-
sale and retail sellers of food and food products produced in New York
state

PURPOSE: The purpose of this bill is to promote wholesale and retail
sellers offering a threshold amount of New York state grown and/or proc-
essed food items. This information will allow consumers to better locate
where they can find New York state products, and encourage more busi-
nesses to locally source.

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 stan-
dards established by this chapter, or any New York state produced or
landed aquatic product; or any state processed food product, manufac-
tured within the state in accordance with official standards established
by the Commissioner of Agriculture and Markets. "Food seller" is defined
as any person or entity regularly engaged in the sale of food and/or
food products.

The commissioner is authorized to design, determine and adopt an offi-
cial logo for Shop: Pride of New York food sellers which may be
displayed upon the seller's premises. Retail food sellers are eligible
for Shop: pride of New York membership if such businesses sell or offer
at least 20 different foods and/or food products that are New York
products. Each business will include in its application a list of New
York products sold both annually and seasonally, the names of the New
York product producers from whom such products were purchased, and a one
sentence description of its business. Businesses which the commissioner
finds complies with the standards established will be designated as a
Shop: pride of New York food seller. Businesses that apply within one
year of the effective date of this section shall receive advertising
materials and official Shop: 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 Shop: Pride of
New York program.

Wholesale food sellers are eligible for Shop Pride of New York member-
ship if such businesses sells or offers for sale such quantities and
types of foods and/or food products that are New York products, as shall
be established in the rules of the Department of Agriculture and
Markets. Each wholesale food seller will include in its application a
list of New York products sold both annually and seasonally, the names
of the New York product producers from whom such products were
purchased, and a one sentence description of its business. Businesses
which the Commissioner finds complies with the standards established

will be designated as a Shop: Pride of New York food seller. Businesses
that apply within one year of the effective date of this section shall
receive advertising materials and official Shop: Pride of New York mate-
rials free of charge. Thereafter, the Commissioner may provide such
materials, as he or she feels necessary, to fulfill the goals and
purposes of the Shop: Pride of New York program.

The Department of Agriculture and Markets shall establish on its depart-
mental website a link dedicated to the Shop: Pride of New York program.
This link shall include the name, location and hours of operation of
each Shop: pride of New York designated food seller, and the single
sentence description of their business that was included on its applica-
tion. The Department of Agriculture and Markets shall work with the
Department of Economic Development to promote Shop: Pride of New York
food sellers.

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

Section 2 provides the effective date.

JUSTIFICATION: Agriculture plays a vital role in New York's economy.
including ancillary industries, such as food processing, farming's annu-
al economic impact on the state rises to $1.2 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 busi-
nesses place an emphasis on locally sourcing. By creating the sister
campaign of Shop: Pride of New York, we can start promoting those busi-
nesses offering local goods, and fill in gaps in the current Pride of
New York.

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

Retail food sellers carrying 20 or more different types of food or food
Products may apply for membership in Shop: Pride of New York. Wholesale
food sellers offering for sale New York food or food products in a quan-
tity to be determined by the Department of Agriculture and Markets may
apply for membership as well. Members will receive Shop: 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 operation of each Shop: Pride of New York designated food
seller, and a description of their business. Additionally, designated
businesses will be included in advertisements as the Department of Agri-
culture and Markets sees fit.

To become a member, businesses must submit an application to the Depart-
ment. This will include what New York foods and food products they
offer, the names of producers from whom they purchase, and a one
sentence description of their business.

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. Shop: Pride of New
York will shine a light on those businesses locally sourcing and help
drive consumers to their doors. Shop: Pride of New York will encourage
more businesses to use local products, thus increasing the demand for
state products.

LEGISLATIVE HISTORY: 2012 - S.6964-A - Reported to Finance

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
the 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
________________________________________________________________________

                                 2774--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the agriculture and markets law, in relation to estab-
  lishing the Shop: Pride of New York program for wholesale  and  retail
  sellers of food and food products produced in New York state

  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.    SHOP: 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 IS  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04925-03-3

S. 2774--A                          2

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.
  (B)  "FOOD SELLER" MEANS ANY PERSON OR ENTITY REGULARLY ENGAGED IN THE
SALE OF FOOD AND/OR FOOD PRODUCTS.
  2. THE COMMISSIONER SHALL DESIGN, DETERMINE AND ADOPT AN OFFICIAL LOGO
FOR SHOP: PRIDE OF NEW YORK FOOD SELLERS WHICH MAY BE DISPLAYED UPON THE
PREMISES OF FOOD SELLERS 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
COMMISSIONER  MAY, IN HIS OR HER DISCRETION, REGISTER SUCH MARK WITH THE
UNITED STATES GOVERNMENT AND ANY OTHER STATE OR FOREIGN COUNTRY.
  3. A RETAIL FOOD SELLER MAY APPLY TO  THE  COMMISSIONER  TO  HAVE  ITS
BUSINESS  DESIGNATED  AS A SHOP:  PRIDE OF NEW YORK FOOD SELLER, IF SUCH
RETAIL FOOD SELLER SELLS OR OFFERS FOR SALE AT  LEAST  TWENTY  DIFFERENT
FOODS  AND/OR FOOD PRODUCTS THAT 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 SOLD ANNUALLY, THE NAMES OF THE
NEW YORK PRODUCT PRODUCERS FROM WHOM SUCH PRODUCTS WERE PURCHASED, AND A
ONE SENTENCE DESCRIPTION OF ITS BUSINESS. THE  COMMISSIONER  MAY,  BASED
UPON  THE  PRODUCERS NAMED IN EACH APPLICATION, VERIFY THAT THE PRODUCTS
SOLD BY THE APPLICANT ARE NEW YORK PRODUCTS. IF THE  COMMISSIONER  FINDS
THAT THE APPLICANT'S BUSINESS COMPLIES WITH THE STANDARDS ESTABLISHED IN
THIS  SUBDIVISION  HE OR SHE SHALL DESIGNATE THE RETAIL FOOD SELLER AS A
SHOP: PRIDE OF NEW YORK FOOD SELLER.  APPLICANTS RECEIVING  SUCH  DESIG-
NATION  WITHIN  ONE  YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE
PROVIDED WITH OFFICIAL SHOP: PRIDE OF NEW YORK  ADVERTISING  AND  PROMO-
TIONAL  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 SHOP: PRIDE OF NEW YORK PROGRAM.
  4.  A  WHOLESALE FOOD SELLER MAY APPLY TO THE COMMISSIONER TO HAVE ITS
BUSINESS DESIGNATED AS A SHOP: PRIDE OF NEW  YORK  WHOLESALER,  IF  SUCH
WHOLESALE FOOD SELLER SELLS OR OFFERS FOR SALE SUCH QUANTITIES AND TYPES
OF  FOODS  AND/OR  FOOD PRODUCTS THAT ARE NEW YORK PRODUCTS, AS SHALL BE
ESTABLISHED IN THE RULES OF THE DEPARTMENT. EVERY APPLICANT  FOR  DESIG-
NATION  PURSUANT TO THE SUBDIVISION SHALL INCLUDE IN HIS OR HER APPLICA-
TION A LIST OF NEW YORK PRODUCTS SOLD ANNUALLY, THE  NAMES  OF  THE  NEW
YORK PRODUCT PRODUCERS FROM WHOM SUCH PRODUCTS WERE PURCHASED, AND A ONE
SENTENCE  DESCRIPTION OF ITS BUSINESS.  THE COMMISSIONER MAY, BASED UPON
THE PRODUCERS NAMED IN EACH APPLICATION, VERIFY THAT THE  PRODUCTS  SOLD
BY  THE  APPLICANT ARE NEW YORK PRODUCTS. IF THE COMMISSIONER FINDS THAT
THE APPLICANT COMPLIES WITH THE STANDARDS ESTABLISHED IN  THIS  SUBDIVI-
SION,  HE  OR  SHE  SHALL DESIGNATE THE WHOLESALE FOOD SELLER AS A SHOP:
PRIDE OF NEW YORK WHOLESALER.   APPLICANTS  RECEIVING  SUCH  DESIGNATION
WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE PROVIDED
WITH OFFICIAL SHOP: PRIDE OF NEW YORK ADVERTISING AND PROMOTIONAL  MATE-
RIALS  FREE  OF CHARGE.  THEREAFTER, THE COMMISSIONER SHALL PROVIDE SUCH
MATERIALS, AS HE OR SHE  DEEMS  NECESSARY,  TO  FULFILL  THE  GOALS  AND
PURPOSES OF THE SHOP: PRIDE OF NEW YORK PROGRAM.
  5.    THE  DEPARTMENT  SHALL  ESTABLISH,  ON ITS DEPARTMENTAL INTERNET
WEBSITE, A LINK DEDICATED TO THE SHOP: PRIDE OF NEW YORK  PROGRAM.  SUCH
LINK  SHALL  INCLUDE  THE  NAME, LOCATION AND HOURS OF OPERATION OF EACH
SHOP: PRIDE OF NEW YORK DESIGNATED FOOD SELLER, AND THE SINGLE  SENTENCE

S. 2774--A                          3

DESCRIPTION  OF  THE  FOOD  SELLER'S  BUSINESS  THAT WAS INCLUDED IN ITS
APPLICATION.  FURTHERMORE,  THE  DEPARTMENT,  IN  COOPERATION  WITH  THE
DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  AND  THE REGIONAL OFFICES OF SUCH
DEPARTMENT,  SHALL  ENGAGE  IN  THE PROMOTION OF SHOP: PRIDE OF NEW YORK
DESIGNATED FOOD SELLERS.
  6. 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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