senate Bill S5064

Vetoed By Governor
2013-2014 Legislative Session

Directs the commissioner of agriculture and markets to establish a Grow: Pride of New York program for nursery dealers which use products produced in New York state

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Archive: Last Bill Status Via A5564 - 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 17, 2014 tabled
vetoed memo.534
Dec 05, 2014 delivered to governor
Mar 27, 2014 returned to assembly
passed senate
3rd reading cal.251
substituted for s5064
Mar 27, 2014 substituted by a5564
Mar 13, 2014 advanced to third reading
Mar 12, 2014 2nd report cal.
Mar 11, 2014 1st report cal.251
Jan 08, 2014 referred to agriculture
May 07, 2013 referred to agriculture

Votes

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Co-Sponsors

S5064 - Bill Details

See Assembly Version of this Bill:
A5564
Law Section:
Agriculture and Markets Law
Laws Affected:
Add Art 24-a ยง291, Ag & Mkts L

S5064 - Bill Texts

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Directs the commissioner of agriculture and markets to establish a Grow: Pride of New York program for nursery dealers which use products produced in New York state.

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BILL NUMBER:S5064

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to establishing the Grow: Pride of New York program for
nursery dealers using and selling New York state produced horticulture
products

PURPOSE: The purpose of this bill is to promote horticulture, nursery
dealers, and other horticulture establishments that use a threshold
amount of horticulture products grown in New York state. This
information will allow consumers to better locate garden centers,
nurseries, Christmas tree farms and other horticulture dealers that
sell New York state products, and encourage more businesses to locally
source their products.

SUMMARY OF PROVISIONS: Section 1: Amends the Agriculture and Markets
Law by adding a new article 24-A that defines "New York product" as
New York state horticultural products grown within this state in
accordance with official standards established by this chapter and by
the commissioner of Agriculture and Markets. A nursery dealer is
defined as a single location which regularly operates for the sale of
horticultural products and related items for compensation. Dealers
with multiple locations will have to register each location.

The commissioner is authorized to design, determine and adopt an
official logo for Grow: Pride of New York dealers which may be
displayed upon the business' premises. Dealers are eligible for Grow;
Pride of New York membership if not less than twenty five percent of
the products at such establishment are New York grown.

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 products producers from who such products were purchased,
and a one sentence description of the items offered. Businesses which
the Commissioner finds complies with the standards established will be
designed as a Grow: Pride of New York dealer. Businesses that apply
within one year of the effective date of this section shall receive
advertising materials and official Grow: 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 Grow; Pride of New York program.

The Department of Agriculture and Markets shall establish on its
departmental website a link dedicated to the Grow; Pride of New York
program. This link shall include the name, location and hours of
operation of each Grow; Pride of New York dealer, and each dealer that
was included in the application. The Department of Agriculture and
Markets shall work with the Department or Economic Development to
promote Grow; Pride of New York dealers in cooperation with an
advisory board composed of industry members.

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 l 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 $44 billion. According to
the USDA statistics from 2010, horticulture is second in gross sales
in New York in comparing all agricultural industries. It is also one
of the few that generates sales tax revenue for the state. An
important and increasing factor in this success has been the local
green revolution.

While demand for local foods is continually increasing, polling has
shown that while New Yorkers favor buying local, that are more likely
to do so if they can conveniently locate such products. Cornell
University found that 40 percent of New Yorkers are interested in
purchasing local products 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 horticultural products itself has always been the focus.

Not everyone interested in local horticultural products 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 Grow: Pride of New York, we can start
promoting those dealers selling local items and fill in gaps in the
current Pride of New York.

This legislation will expand the current program to allow horticulture
dealers selling horticulture products produced in New York state
access to promotional materials, thus increasing their exposure to
consumers.

Horticulture dealers are eligible for membership of no less than 25%
of the items sold are New York products. Members will receive Grow;
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 for each Grow; Pride of New
York designated dealers, and a description of their business.

Additionally, designated businesses will be included in advertisements
as the Department of Agriculture and Market sees fit.

To become a member, dealers must submit an application to the
Department. This will include what New York horticulture products they
grow and sell, the names of the products from whom they purchase, and
a one sentence description of the products 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. Grow: Pride of New
York will shine a light on those dealers locally sourcing, and help
drive consumers to their doors. Grow: Pride of New York will encourage
more dealers 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
________________________________________________________________________

                                  5064

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. 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 Grow: Pride of New York program for nursery dealers using
  and selling New York state produced horticulture 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
article 24-a to read as follows:
                              ARTICLE 24-A
                         GROW: PRIDE OF NEW YORK
SECTION 291. GROW: PRIDE OF NEW YORK.
  S 291. GROW: PRIDE OF NEW YORK. 1. FOR PURPOSES OF THIS  ARTICLE,  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "NEW  YORK  PRODUCT"  MEANS NEW YORK STATE HORTICULTURAL PRODUCTS
GROWN WITHIN THIS STATE IN ACCORDANCE  WITH  OFFICIAL  STANDARDS  ESTAB-
LISHED BY THE COMMISSIONER.
  (B) "HORTICULTURE" MEANS ORNAMENTALS, NURSERY STOCK, SOD AND CHRISTMAS
TREES.
  (C) "NURSERY DEALER" MEANS A SINGLE LOCATION OF A BUSINESS WHICH REGU-
LARLY  OPERATES FOR THE SALE OF HORTICULTURAL PRODUCTS AND RELATED ITEMS
FOR COMPENSATION.
  2. THE COMMISSIONER IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO  DESIGN,
DEVELOP  AND  ADOPT AN OFFICIAL LOGO FOR GROW: PRIDE OF NEW YORK DEALERS
WHICH MAY BE DISPLAYED UPON THE PREMISES OF A NURSERY DEALER. A  NURSERY
DEALER  SHALL  BE  ELIGIBLE FOR DESIGNATION AS A GROW: PRIDE OF NEW YORK
NURSERY, IF NOT  LESS  THAN  TWENTY-FIVE  PERCENT  OF  THE  HORTICULTURE
PRODUCTS SOLD AT SUCH NURSERY ARE NEW YORK PRODUCTS.
  3. A NURSERY DEALER LOCATED WITHIN THIS STATE MAY APPLY TO THE COMMIS-
SIONER FOR DESIGNATION AS A GROW: PRIDE OF NEW YORK NURSERY. SUCH APPLI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09186-01-3

S. 5064                             2

CATION  SHALL BE IN A MANNER AND FORM DETERMINED BY THE COMMISSIONER AND
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A LIST OF NEW YORK HORTICULTURE PRODUCTS USED AND SOLD BOTH ANNU-
ALLY AND SEASONALLY BY THE NURSERY DEALER;
  (B) THE NAMES OF  THE  NEW  YORK  PRODUCT  PRODUCERS  FROM  WHOM  SUCH
PRODUCTS WERE PURCHASED BY THE NURSERY DEALER;
  (C)  A  ONE SENTENCE DESCRIPTION OF EACH HORTICULTURE ITEM OFFERED FOR
SALE BY THE NURSERY DEALER; AND
  (D) ANY OTHER INFORMATION THE COMMISSIONER DEEMS RELEVANT.
  4. A NURSERY DEALER WHICH MEETS AND COMPLIES WITH  THE  PROVISIONS  OF
THIS  ARTICLE  AND  THE OFFICIAL STANDARDS, RULES AND REGULATIONS ESTAB-
LISHED BY THE COMMISSIONER SHALL BE DESIGNATED AS A GROW: PRIDE  OF  NEW
YORK  NURSERY  DEALER.  NURSERY DEALERS DESIGNATED AS GROW: PRIDE OF NEW
YORK NURSERIES WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  ARTICLE
SHALL  RECEIVE  PROMOTIONAL  AND ADVERTISING MATERIALS AS GROW: PRIDE OF
NEW YORK NURSERIES FREE OF CHARGE. AFTER THE EXPIRATION OF SUCH ONE YEAR
PERIOD, THE COMMISSIONER MAY PROVIDE SUCH MATERIALS, AS HE OR SHE  FEELS
NECESSARY,  TO  FULFILL THE GOALS AND PURPOSES OF THE GROW: PRIDE OF NEW
YORK PROGRAM.
  5. THE DEPARTMENT SHALL ESTABLISH ON ITS DEPARTMENTAL WEBSITE  A  LINK
DEDICATED  TO  THE  GROW:  PRIDE  OF  NEW  YORK PROGRAM. THIS LINK SHALL
INCLUDE THE NAME, LOCATION AND HOURS OF OPERATION OF EACH GROW: PRIDE OF
NEW YORK NURSERY DEALER, AND EACH  BUSINESS  THAT  SUCH  NURSERY  DEALER
OBTAINED  ITS NEW YORK PRODUCTS. THE DEPARTMENT, IN COOPERATION WITH THE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND INDUSTRY MEMBERS, SHALL  WORK  TO
PROMOTE GROW: PRIDE OF NEW YORK NURSERY DEALERS.
  6.  THE  COMMISSIONER  IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
SUCH RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
ARTICLE.
  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, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date is authorized to be made and completed on or before such
date.

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