S T A T E O F N E W Y O R K
________________________________________________________________________
7131--A
Cal. No. 507
I N S E N A T E
April 30, 2014
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Introduced by Sens. RITCHIE, TKACZYK -- (at request of the Department of
Agriculture and Markets) -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the agriculture and markets law, in relation to desig-
nation and amendment of trails
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 284-a of the agriculture and markets law, as added
by chapter 248 of the laws of 2004, paragraph (c) of subdivision 2,
paragraphs (b) and (c) of subdivision 3 and paragraph (a) of subdivi-
sion 4 as amended by chapter 448 of the laws of 2008, is amended to read
as follows:
S 284-a. Establishment of farm trails, apple trails [and], cuisine
trails, WINE TRAILS AND FARM BEVERAGE TRAILS. 1. Marketing activities
and designation of trails. The department shall conduct statewide and
regional marketing activities which shall include, but not be limited
to, the designation of farm trails, apple trails, [and] cuisine trails,
WINE TRAILS AND FARM BEVERAGE TRAILS.
2. Definitions. For the purposes of this section:
(a) "farm trail" shall mean an association of producers that are in
close proximity to each other, that sell in a cooperative manner a
complementary variety of farm and food products, and that utilize a map,
other directional devices, or highway signs to market products and
direct patrons to their respective farms.
(b) "apple trail" shall mean an association of producers that are in
close proximity to each other, that sell in a cooperative manner a wide
variety of fresh apples or other fresh fruits or processed apple or
other fruit products, and that utilize a map, other directional devices,
or highway signs to market their products and direct patrons to their
respective farms.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14142-04-4
S. 7131--A 2
(c) "cuisine trail" shall mean an association of producers, that may
include a combination of producers, food or agricultural product proces-
sors and retailers including, but not limited to, restaurants, that are
in close proximity to each other, and that sell in a cooperative manner
a complementary variety of unusual, unique, or hard to find fresh farm
and food products and foods prepared primarily with such products for on
or off premises consumption, including but not limited to, herbs, meats,
vegetables, salad materials, wines, cut flowers, mushrooms, or fruits.
Such trails may utilize a map, other directional devices, or highway
signs to market their products and direct patrons to their places of
business.
(D) "WINE TRAIL" SHALL MEAN A SERIES OF WINERIES IDENTIFIED BY THE
COMMISSIONER, WHICH MAY BE LINKED BY GEOGRAPHIC PROXIMITY AND ALIGNMENT
OR THEMATIC CONSISTENCY.
(E) "FARM BEVERAGE TRAIL" SHALL MEAN AN ASSOCIATION OF PRODUCERS, THAT
MAY INCLUDE A COMBINATION OF PRODUCERS AND AGRICULTURAL PROCESSORS THAT
ARE IN A CLOSE PROXIMITY TO EACH OTHER, AND THAT SELL IN A COOPERATIVE
MANNER BEVERAGES FOR ON OR OFF PREMISES CONSUMPTION, INCLUDING WINE,
BEER, CIDER AND DISTILLED LIQUORS.
3. Designation of trails. (a) The department shall designate farm,
apple, [and] cuisine, WINE AND FARM BEVERAGE trails to promote greater
agricultural marketing and promotional opportunities for agricultural
producers AND PROCESSORS located in the areas of such trails.
(b) Designations shall take into consideration geographic proximity
and alignment, thematic consistency, geographic or historical consisten-
cy, density, economic feasibility, and the cooperation of agricultural
producers AND PROCESSORS on the trails to be designated. [The department
shall designate no more than ten farm trails, ten apple trails, and ten
cuisine trails.] Criteria for developing and approving such trails shall
include:
(i) [that the length of such trail, excluding laterals, is no longer
than fifty miles,
(ii)] containing a sufficient number of producers to cost-effectively
attract patrons to such trail association's participating members,
[(iii)] (II) incorporating considerations that maximize patronage of
such trail,
[(iv)] (III) ensuring that proposed trail routes do not conflict with
existing scenic byways designated pursuant to section three hundred
forty-nine-dd of the highway law or wine trails designated pursuant to
section three hundred forty-three-k of the highway law OR THREE HUNDRED
FORTY-THREE-S OF THE HIGHWAY LAW,
[(v)] (IV) ensuring that trail designations are neither redundant nor
cover themes or subjects or have names that have already been used by
trails designated by the New York state scenic byways program or desig-
nated as a wine trail pursuant to section three hundred forty-three-k of
the highway law OR THREE HUNDRED FORTY-THREE-S OF THE HIGHWAY LAW,
[(vi)] (V) ensuring that the trail route is designed and laid out so
that it is relatively simple and easy to follow for patrons and contains
[few] NO branches or laterals [that dead end at one association member's
business], and
[(vii)] (VI) upon consulting with the commissioner of transportation,
trail designations that may support, augment, or reinforce the themes or
subjects already covered by the existing scenic byways system or wine
trails designated pursuant to the highway law.
(c) In making designations, the department shall consult with:
S. 7131--A 3
(i) [the New York State Farmers Direct Marketing Association, the
advisory council on agriculture, and the New York State scenic byways
advisory board; and
(ii)] the commissioner of transportation. The commissioner of trans-
portation shall cooperate with the department in carrying out the
provisions of this section. The commissioner of transportation[, upon
receipt of a one time five hundred dollar application fee,] is author-
ized to permit the installation and maintenance of signs on the state
highway system for trails designated pursuant to this section. [Such
funds received by the commissioner of transportation pursuant to this
subdivision shall be deposited pursuant to section eighty-nine-b of the
state finance law.] However, to avoid confusion and to limit any possi-
ble disruption of commerce, the trail designations called for pursuant
to this section shall be of a ceremonial nature and the official names
of such highway shall not be changed as a result of such designations.
Signage for trails designated pursuant to this section may include "farm
trail", "apple trail", "cuisine trail", "WINE TRAIL", "FARM BEVERAGE
TRAIL" or other descriptive language to promote the marketing of the
[trails] TRAILS' products[.];
(II) THE CHAIRMAN OF THE STATE LIQUOR AUTHORITY; AND
(III) THE COMMISSIONER OF ECONOMIC DEVELOPMENT.
(d) [Once approved, trail route designations may not be altered for a
minimum period of time of eighteen months; provided, however, that addi-
tional participating members may be incorporated into already existing
designated trail routes.] The department may review the designation of
any trail established pursuant to this section and review such trail's
effectiveness in attracting patrons or tourists, increasing patronage of
association member businesses, and expanding the marketing capabilities
of all trail members. The department, upon periodically reviewing desig-
nated trails, may make suggestions to alter the route, adopt revisions
to the business management practices of such trail association, or
remove the designation of any such trail authorized by this section.
4. Application for designation. (a) Any association of producers as
described in this section, upon [payment of an application fee of two
hundred fifty dollars and] completion of an application form, may obtain
from the department designation as a farm, apple, [or] cuisine, WINE OR
FARM BEVERAGE trail. [Such funds received by the department pursuant to
this subdivision shall be deposited in the general fund.] All applicants
must satisfy the designation criteria stated in subdivision three of
this section.
(b) The department, in approving any trail application [and installa-
tion of highway signage, if such signage is requested by the applicant],
shall consult with and satisfy all reasonable motor vehicle safety
concerns specified by the commissioner of transportation to ensure that
the trail designation, its route, or proposed signage does not impede
vehicular traffic or diminish motorists' safety on the state highway
system. The design of all highway signs must conform with all uniform
traffic control device regulations and must be approved by the commis-
sioner of transportation.
5. Application for federal monies. The department may apply for and
accept federal monies that may be available to support such a program or
funds from any other source to support this program. Upon approval of
the commissioner of transportation, trails designated pursuant to this
section may be eligible for and accept any federal highway aid or funds
that may be available to support such program.
S 2. This act shall take effect immediately.