S T A T E   O F   N E W   Y O R K
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                                  9949

                          I N  A S S E M B L Y

                              June 2, 2014
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Magee) --
  (at request of the Department of Agriculture and Markets) -- read once
  and referred to the Committee on Agriculture

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.
  (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

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

                                                           LBD14142-05-4

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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:
  (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

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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.