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.
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.
STATE OF NEW YORK ________________________________________________________________________ 5064 2013-2014 Regular Sessions IN SENATE 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.