senate Bill S6964A

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 print number 6964a
amend and recommit to finance
May 15, 2012 reported and committed to finance
Apr 17, 2012 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6964 - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §156-j, Ag & Mkts L

S6964 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6964

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing
the Shop: Pride of New York
program for wholesale 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
processed food items. This information will allow consumers to better
locate where they can find New York state products, and encourage
more businesses 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 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.
"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
official 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
membership 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 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.

The Department of Agriculture and Markets shall establish on its
departmental 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 application. 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 Two. This act becomes effective on January 1st next
succeeding the date 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 Shop: Pride of New York, we can start promoting
those businesses 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 quantity 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
operations 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 Agriculture and Markets sees fit.

To become a member, businesses must submit an application to the
Department. 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:
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.

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

                                  6964

                            I N  S E N A T E

                             April 17, 2012
                               ___________

Introduced  by  Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- 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 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
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.
                                                           LBD14877-04-2

S. 6964                             2

  (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
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

S. 6964                             3

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.

Co-Sponsors

S6964A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §156-j, Ag & Mkts L

S6964A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6964A

TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to
establishing the Shop: Pride of New York program for wholesale 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 processed
food items. This information will allow consumers to better locate
where they can find New York state products, and encourage more
businesses 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
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. "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
official 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
membership 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 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.

Both wholesale food sellers and retail food seller are required to
pay, as part of their application, the one-time fee that is currently
required by the Department of Agriculture for the Pride of New York
program.

The Department of Agriculture and Markets shall establish on its
departmental 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 application. 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 Two. This act becomes effective on January 1st next succeeding
the date 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 Shop: Pride of New York, we can start promoting
those businesses 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 quantity 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 operations
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 Agriculture
and Markets sees fit.

To become a member, businesses must submit an application to the
Department. 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:
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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6964--A

                            I N  S E N A T E

                             April 17, 2012
                               ___________

Introduced  by  Sens.  CARLUCCI, KENNEDY, KLEIN, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Agriculture -- reported favorably from said committee and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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
NO EVENT SHALL AN OFFICIAL BRAND OR MARK BE APPROVED FOR USE ON  A  FOOD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14877-07-2

S. 6964--A                          2

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.  AT THE TIME OF
APPLICATION, A ONE-TIME APPLICATION FEE OF TWENTY-FIVE DOLLARS SHALL  BE
PAID  TO  THE  DEPARTMENT.   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 DESIGNATION WITHIN ONE  YEAR  OF  THE
EFFECTIVE  DATE  OF  THIS  SECTION SHALL BE PROVIDED WITH OFFICIAL SHOP:
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 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.  AT THE TIME OF APPLICATION,
A  ONE-TIME  APPLICATION FEE OF TWENTY-FIVE DOLLARS SHALL BE PAID TO THE
DEPARTMENT.  EVERY APPLICANT FOR DESIGNATION PURSUANT TO THE SUBDIVISION
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 APPLICA-
TION, 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 SUBDIVISION, HE OR SHE SHALL DESIGNATE THE
WHOLESALE  FOOD  SELLER AS A SHOP: PRIDE OF NEW YORK WHOLESALER.  APPLI-
CANTS 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 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.

S. 6964--A                          3

  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
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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