Bill S2146-2013

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

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.

Details

Actions

  • Dec 18, 2013: VETOED MEMO.276
  • Dec 6, 2013: DELIVERED TO GOVERNOR
  • May 30, 2013: returned to senate
  • May 30, 2013: passed assembly
  • May 30, 2013: ordered to third reading cal.388
  • May 30, 2013: substituted for a2702
  • May 30, 2013: referred to ways and means
  • May 30, 2013: DELIVERED TO ASSEMBLY
  • May 30, 2013: PASSED SENATE
  • May 6, 2013: ADVANCED TO THIRD READING
  • May 1, 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

VOTE: COMMITTEE VOTE: - Agriculture - Feb 12, 2013
Ayes (10): Ritchie, Gallivan, Ranzenhofer, Seward, Valesky, Young, Gipson, Montgomery, Serrano, Tkaczyk
Ayes W/R (1): O'Mara

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2146 2013-2014 Regular Sessions IN SENATE 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
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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