senate Bill S2146

2013-2014 Legislative Session

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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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 vetoed memo.276
Dec 06, 2013 delivered to governor
May 30, 2013 returned to senate
passed assembly
ordered to third reading cal.388
substituted for a2702
referred to ways and means
delivered to assembly
passed senate
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.521
Feb 12, 2013 reported and committed to finance
Jan 14, 2013 referred to agriculture

Votes

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Apr 30, 2013 - Finance committee Vote

S2146
34
1
committee
34
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Feb 12, 2013 - Agriculture committee Vote

S2146
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Feb 12, 2013

aye wr (1)

Co-Sponsors

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S2146 - Bill Details

See Assembly Version of this Bill:
A2702
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง156-j, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S6965, A9877

S2146 - Bill Texts

view 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 NUMBER:S2146

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: S.6965 of 2012

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
________________________________________________________________________

                                  2146

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by Sens. VALESKY, MAZIARZ -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04820-01-3

S. 2146                             2

PRODUCT UNLESS AT LEAST FIFTY-ONE PERCENT OF ITS CONTENT IS DERIVED FROM
NEW YORK STATE GROWN FARM PRODUCTS.
  (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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