Bill S2774A-2013

Establishes the Shop: Pride of New York program for food sellers which sell foods produced in New York state

Establishes the Shop: Pride of New York program for food sellers which sell foods produced in New York state.

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Actions

  • Jun 5, 2013: SUBSTITUTED BY A3802
  • Jun 3, 2013: ADVANCED TO THIRD READING
  • May 30, 2013: 2ND REPORT CAL.
  • May 29, 2013: 1ST REPORT CAL.792
  • Apr 30, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 13, 2013: PRINT NUMBER 2774A
  • Feb 13, 2013: AMEND AND RECOMMIT TO AGRICULTURE
  • Jan 23, 2013: REFERRED TO AGRICULTURE

Meetings

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Votes

VOTE: COMMITTEE VOTE: - Agriculture - Apr 30, 2013
Ayes (11): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Valesky, Young, Gipson, Montgomery, Serrano, Tkaczyk

Memo

BILL NUMBER:S2774A

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to establishing the Shop: Pride of New York program for wholesale and retail sellers of food and food products produced in New York state

PURPOSE: The purpose of this bill is to promote wholesale and retail sellers offering a threshold amount of New York state grown and/or processed food items. This information will allow consumers to better locate where they can find New York state products, and encourage more businesses to locally source.

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. "Food seller" is defined as any person or entity regularly engaged in the sale of food and/or food products.

The commissioner is authorized to design, determine and adopt an official logo for Shop: Pride of New York food sellers which may be displayed upon the seller's premises. Retail food sellers are eligible for Shop: pride of New York membership if such businesses sell or offer at least 20 different foods and/or food products that are New York products. Each business will include in its application a list of New York products sold both annually and seasonally, the names of the New York product producers from whom such products were purchased, and a one sentence description of its business. Businesses which the commissioner finds complies with the standards established will be designated as a Shop: pride of New York food seller. Businesses that apply within one year of the effective date of this section shall receive advertising materials and official Shop: 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 Shop: Pride of New York program.

Wholesale food sellers are eligible for Shop Pride of New York membership if such businesses sells or offers for sale such quantities and types of foods and/or food products that are New York products, as shall be established in the rules of the Department of Agriculture and Markets. Each wholesale food seller will include in its application a list of New York products sold both annually and seasonally, the names of the New York product producers from whom such products were purchased, and a one sentence description of its business. Businesses which the Commissioner finds complies with the standards established

will be designated as a Shop: Pride of New York food seller. Businesses that apply within one year of the effective date of this section shall receive advertising materials and official Shop: 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 Shop: Pride of New York program.

The Department of Agriculture and Markets shall establish on its departmental website a link dedicated to the Shop: Pride of New York program. This link shall include the name, location and hours of operation of each Shop: pride of New York designated food seller, and the single sentence description of their business that was included on its application. The Department of Agriculture and Markets shall work with the Department of Economic Development to promote Shop: Pride of New York food sellers.

The Commissioner shall promulgate such rules and regulations as he or she deems necessary to implement the provisions of this section.

Section 2 provides the effective date.

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 $1.2 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 Shop: Pride of New York, we can start promoting those businesses offering local goods, and fill in gaps in the current Pride of New York.

This legislation will expand the current program to allow wholesale and retail sellers of food and food products produced in New York state access to promotional materials, thus increasing their exposure to consumers.

Retail food sellers carrying 20 or more different types of food or food Products may apply for membership in Shop: Pride of New York. Wholesale food sellers offering for sale New York food or food products in a quantity to be determined by the Department of Agriculture and Markets may apply for membership as well. Members will receive Shop: 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 operation of each Shop: Pride of New York designated food seller, 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, businesses must submit an application to the Department. This will include what New York foods and food products they offer, the names of producers from whom they purchase, and a one sentence description of their business.

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. Shop: Pride of New York will shine a light on those businesses locally sourcing and help drive consumers to their doors. Shop: Pride of New York will encourage more businesses to use local products, thus increasing the demand for state products.

LEGISLATIVE HISTORY: 2012 - S.6964-A - Reported to Finance

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 the 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 ________________________________________________________________________ 2774--A 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law, in relation to estab- lishing the Shop: Pride of New York program for wholesale and retail sellers of food and food products produced in New York state 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. SHOP: 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 IS 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) "FOOD SELLER" MEANS ANY PERSON OR ENTITY REGULARLY ENGAGED IN THE SALE OF FOOD AND/OR FOOD PRODUCTS. 2. THE COMMISSIONER SHALL DESIGN, DETERMINE AND ADOPT AN OFFICIAL LOGO FOR SHOP: PRIDE OF NEW YORK FOOD SELLERS WHICH MAY BE DISPLAYED UPON THE PREMISES OF FOOD SELLERS 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 COMMISSIONER MAY, IN HIS OR HER DISCRETION, REGISTER SUCH MARK WITH THE UNITED STATES GOVERNMENT AND ANY OTHER STATE OR FOREIGN COUNTRY. 3. A RETAIL FOOD SELLER MAY APPLY TO THE COMMISSIONER TO HAVE ITS BUSINESS DESIGNATED AS A SHOP: PRIDE OF NEW YORK FOOD SELLER, IF SUCH RETAIL FOOD SELLER SELLS OR OFFERS FOR SALE AT LEAST TWENTY DIFFERENT FOODS AND/OR FOOD PRODUCTS THAT 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 SOLD ANNUALLY, THE NAMES OF THE NEW YORK PRODUCT PRODUCERS FROM WHOM SUCH PRODUCTS WERE PURCHASED, AND A ONE SENTENCE DESCRIPTION OF ITS BUSINESS. THE COMMISSIONER MAY, BASED UPON THE PRODUCERS NAMED IN EACH APPLICATION, VERIFY THAT THE PRODUCTS SOLD BY THE APPLICANT ARE NEW YORK PRODUCTS. IF THE COMMISSIONER FINDS THAT THE APPLICANT'S BUSINESS COMPLIES WITH THE STANDARDS ESTABLISHED IN THIS SUBDIVISION HE OR SHE SHALL DESIGNATE THE RETAIL FOOD SELLER AS A SHOP: PRIDE OF NEW YORK FOOD SELLER. APPLICANTS RECEIVING SUCH DESIG- NATION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE PROVIDED WITH OFFICIAL SHOP: PRIDE OF NEW YORK ADVERTISING AND PROMO- TIONAL 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 SHOP: PRIDE OF NEW YORK PROGRAM. 4. A WHOLESALE FOOD SELLER MAY APPLY TO THE COMMISSIONER TO HAVE ITS BUSINESS DESIGNATED AS A SHOP: PRIDE OF NEW YORK WHOLESALER, IF SUCH WHOLESALE FOOD SELLER SELLS OR OFFERS FOR SALE SUCH QUANTITIES AND TYPES OF FOODS AND/OR FOOD PRODUCTS THAT ARE NEW YORK PRODUCTS, AS SHALL BE ESTABLISHED IN THE RULES OF THE DEPARTMENT. EVERY APPLICANT FOR DESIG- NATION PURSUANT TO THE SUBDIVISION SHALL INCLUDE IN HIS OR HER APPLICA- TION A LIST OF NEW YORK PRODUCTS SOLD ANNUALLY, THE NAMES OF THE NEW YORK PRODUCT PRODUCERS FROM WHOM SUCH PRODUCTS WERE PURCHASED, AND A ONE SENTENCE DESCRIPTION OF ITS BUSINESS. THE COMMISSIONER MAY, BASED UPON THE PRODUCERS NAMED IN EACH APPLICATION, VERIFY THAT THE PRODUCTS SOLD BY THE APPLICANT ARE NEW YORK PRODUCTS. IF THE COMMISSIONER FINDS THAT THE APPLICANT COMPLIES WITH THE STANDARDS ESTABLISHED IN THIS SUBDIVI- SION, HE OR SHE SHALL DESIGNATE THE WHOLESALE FOOD SELLER AS A SHOP: PRIDE OF NEW YORK WHOLESALER. APPLICANTS RECEIVING SUCH DESIGNATION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE PROVIDED WITH OFFICIAL SHOP: PRIDE OF NEW YORK ADVERTISING AND PROMOTIONAL MATE- RIALS FREE OF CHARGE. THEREAFTER, THE COMMISSIONER SHALL PROVIDE SUCH MATERIALS, AS HE OR SHE DEEMS NECESSARY, TO FULFILL THE GOALS AND PURPOSES OF THE SHOP: PRIDE OF NEW YORK PROGRAM. 5. THE DEPARTMENT SHALL ESTABLISH, ON ITS DEPARTMENTAL INTERNET WEBSITE, A LINK DEDICATED TO THE SHOP: PRIDE OF NEW YORK PROGRAM. SUCH LINK SHALL INCLUDE THE NAME, LOCATION AND HOURS OF OPERATION OF EACH SHOP: PRIDE OF NEW YORK DESIGNATED FOOD SELLER, AND THE SINGLE SENTENCE
DESCRIPTION OF THE FOOD SELLER'S BUSINESS THAT WAS INCLUDED IN ITS APPLICATION. FURTHERMORE, THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE REGIONAL OFFICES OF SUCH DEPARTMENT, SHALL ENGAGE IN THE PROMOTION OF SHOP: PRIDE OF NEW YORK DESIGNATED FOOD SELLERS. 6. 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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