S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1460
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced by M. of A. WOERNER -- Multi-Sponsored by -- M. of A. CAHILL,
   DiPIETRO,  D'URSO,  GIGLIO,  GLICK,  GOTTFRIED,  HAWLEY,  LUPARDO, RA,
   STIRPE, THIELE, WRIGHT -- read once and referred to the  Committee  on
   Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to adver-
   tising and labeling of locally produced food

   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 211 to read as follows:
   § 211. ADVERTISING AND LABELING OF  LOCALLY  PRODUCED  FOODS.  1.  FOR
 PURPOSES  OF  THIS  SECTION "RETAIL FOOD PRODUCT" SHALL MEAN ARTICLES OF
 FOOD, DRINK,  CONFECTIONARY  OR  CONDIMENT,  WHETHER  SIMPLE,  MIXED  OR
 COMPOUND,  INCLUDING ALL SUBSTANCES OR INGREDIENTS ADDED TO FOOD FOR ANY
 PURPOSE, INTENDED FOR HUMAN CONSUMPTION.
   2. NO PERSON, CORPORATION, PARTNERSHIP OR  LIMITED  LIABILITY  COMPANY
 SHALL KNOWINGLY SELL OR OFFER FOR SALE AT RETAIL ANY RETAIL FOOD PRODUCT
 ADVERTISED  OR  LABELED AS "LOCAL", "LOCALLY GROWN", "LOCALLY PRODUCED",
 "LOCALLY SOURCED" OR ANY SUBSTANTIALLY SIMILAR TERM,  UNLESS  SUCH  FOOD
 PRODUCT:  (I)  IS GROWN, RAISED, OR HARVESTED IN NEW YORK STATE; OR (II)
 ITS COMPONENTS THAT ARE ESSENTIAL TO SUCH PRODUCT'S IDENTITY ARE  GROWN,
 RAISED,  HARVESTED OR PRODUCED IN NEW YORK STATE; OR (III) IS DEFINED IN
 LAW AS NEW YORK STATE LABELLED, MANUFACTURED, OR PRODUCED.
   3. A RETAIL FOOD PRODUCT MAY ALSO BE ADVERTISED OR LABELED AS LOCAL IF
 IT WAS GROWN, RAISED, HARVESTED OR PRODUCED OUTSIDE OF NEW  YORK  STATE,
 OR  CONTAINS  ESSENTIAL  COMPONENTS  NOT  SOURCED IN NEW YORK, IF IT HAS
 ADDITIONAL DESCRIPTIVE LANGUAGE  IDENTIFYING  THE  STATE  OR  REGION  OR
 DISTANCE  FROM  THE  BORDER  OF NEW YORK STATE WHERE SUCH PRODUCT OR ITS
 COMPONENTS THAT ARE ESSENTIAL TO  SUCH  PRODUCT'S  IDENTITY  ARE  GROWN,
 RAISED, HARVESTED OR PRODUCED DISPLAYED ADJACENT TO AND IN THE SAME SIZE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01242-01-9
              

 A. 1460                             2
 
 FONT  AS THE TERM OR TERMS INDICATING IT IS LOCAL IN SUCH ADVERTISING OR
 LABELING.
   4.  THE  COMMISSIONER  IS HEREBY AUTHORIZED TO DEVELOP RULES AND REGU-
 LATIONS TO PROVIDE GUIDANCE TO BUSINESSES SELLING RETAIL  FOOD  PRODUCTS
 PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law, provided that any rule or regulation neces-
 sary for the timely implementation of this act on its effective date may
 be promulgated on or before such date,  provided  further  however  that
 retailers  shall have ninety days from the effective date of this act to
 sell through product subject to the provisions of this act which is held
 in inventory on the effective date of this act.