S T A T E O F N E W Y O R K
________________________________________________________________________
9877
I N A S S E M B L Y
April 19, 2012
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Introduced by M. of A. MAGEE -- read once and referred 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
A. 9877 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.