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

                                 519--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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 the
  creation of a "Grown in New York" program campaign to increase  aware-
  ness  and  consumption of locally grown and produced foods and related
  products and to increase the production and improve  the  distribution
  of foods and related products for local consumption

  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 25-BB to read as follows:
                              ARTICLE 25-BB
                            GROWN IN NEW YORK
SECTION 340. LEGISLATIVE INTENT.
        341. GROWN IN NEW YORK PROGRAM, CREATED.
        342. PURPOSES AND DUTIES OF THE DEPARTMENT.
        343. CERTIFICATION MARK USE AND IMAGING.
        344. LICENSING AGREEMENT.
        345. REGISTRATION.
        346. RULES AND REGULATIONS.
  S 340. LEGISLATIVE INTENT. DESPITE AN INCREASING TREND AMONG AMERICANS
TO  BUY  LOCALLY GROWN FOODS, THERE ARE CURRENTLY INSUFFICIENT RESOURCES
AND INFORMATION AVAILABLE TO  SUPPORT,  ENCOURAGE  AND  FOSTER  CONSUMER
PRODUCT  AWARENESS AND PURCHASES OF LOCALLY MANUFACTURED PRODUCTS IN NEW
YORK STATE. BY DEFINING, BRANDING AND  PROTECTING  WHAT  "GROWN  IN  NEW
YORK"  MEANS, NEW YORK CAN CAPITALIZE AND PROTECT ITS AGRICULTURAL BUSI-
NESSES IN AN INCREASINGLY COMPETITIVE GLOBAL  MARKET  BY  DISTINGUISHING
AND  BUILDING PRIDE IN SUCH BUSINESSES. THE FURTHER PROMOTION AND EDUCA-

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

                                                           LBD06077-05-5

S. 519--A                           2

TION OF CONSUMERS ABOUT THE VALUES OF BUYING LOCAL IS A MUTUALLY BENEFI-
CIAL AND RECIPROCAL ENTERPRISE. NOT ONLY WILL NEW YORKERS  BENEFIT  FROM
HEALTHFUL  CONSUMPTION BUT LOCAL BUSINESSES WILL BE STRENGTHENED AND NEW
BUSINESSES  WILL  CHOOSE  TO  GROW  AND  MAKE PRODUCTS IN NEW YORK, THUS
CREATING AND SECURING JOBS AND FOSTERING LOCAL ECONOMIES.
  S 341. GROWN IN  NEW  YORK  PROGRAM,  CREATED.  THE  DEPARTMENT  SHALL
CONDUCT A "GROWN IN NEW YORK" PROMOTIONAL CAMPAIGN TO INCREASE AWARENESS
AND CONSUMPTION OF LOCALLY GROWN AND PRODUCED FOODS AND RELATED PRODUCTS
AND TO INCREASE THE PRODUCTION AND IMPROVE THE DISTRIBUTION OF FOODS AND
RELATED  PRODUCTS  FOR LOCAL CONSUMPTION. IN THE PROGRAM, THE DEPARTMENT
SHALL EMPHASIZE THE DEVELOPMENT OF REGIONAL FOOD  AND  CULTURAL  TOURISM
TRAILS  AND  THE DEVELOPMENT OF REGIONAL FOOD SYSTEMS THROUGH ACTIVITIES
SUCH AS CREATING A PROGRAM LOGO AND MAINTAINING RELATED MARKETING  MATE-
RIALS;  CREATING  OR SUPPORTING NETWORKS OF PRODUCERS; AND STRENGTHENING
CONNECTIONS BETWEEN PRODUCERS, RETAILERS,  INSTITUTIONS,  AND  CONSUMERS
AND  NEARBY  PRODUCERS.    FUNDING  FOR SUCH PROGRAM SHALL DERIVE FROM A
BUDGET APPROPRIATION THEREFOR BEGINNING IN THE FISCAL YEAR DURING  WHICH
SUCH PROGRAM COMMENCES.
  S  342. PURPOSES AND DUTIES OF THE DEPARTMENT. THE DEPARTMENT'S "GROWN
IN NEW YORK" CAMPAIGN SHALL INCLUDE, BUT NOT BE LIMITED TO: 1.  DEVELOP-
MENT OF A "GROWN IN NEW YORK" LOGO AS THE OFFICIAL STATE EMBLEM TO IDEN-
TIFY  PRODUCTS  THAT  ARE  LOCALLY  MANUFACTURED AND IN-KIND ADVERTISING
PROGRAMS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROGRAM  WEBSITE,
DISTRIBUTION  OF PERIODICAL NEWSLETTERS, AND SOCIAL MEDIA NETWORKING AND
EDUCATIONAL AND TRAINING PROGRAMS APPRISING CONSUMERS ABOUT  THE  "GROWN
IN  NEW  YORK"  CAMPAIGN  AND  THE VALUES AND BENEFITS OF BUYING LOCALLY
GROWN GOODS OR PRODUCTS;
  2. CREATION OF ELIGIBILITY REQUIREMENTS THAT WILL PERMIT  PARTICIPANTS
THE  USE OF THE "GROWN IN NEW YORK" LOGO ON THEIR PRODUCTS AND REPRESENT
THAT SUCH PRODUCT WAS GROWN IN THIS STATE PROVIDED THAT SUCH PRODUCT HAS
AN AGRICULTURAL ORIGIN AND/OR COMPONENTS OF WHICH  ARE  NOT  FEWER  THAN
SEVENTY-FIVE  PERCENT  GROWN  OR HARVESTED IN NEW YORK OR ITS SURFACE OR
COASTAL WATERS;
  3. REGISTRATION OF PARTICIPANTS;
  4.  IDENTIFICATION  AND  FACILITATION  OF  OPPORTUNITIES  TO  INCREASE
CONSUMER DEMAND FOR LOCALLY GROWN GOODS OR PRODUCTS;
  5.  IDENTIFICATION  AND  FACILITATION  OF  OPPORTUNITIES  TO ESTABLISH
AGREEMENTS WITH LOCAL GROWERS AND MANUFACTURERS  FOR  POTENTIAL  MARKET-
PLACE EXPANSION OF PRODUCTS;
  6.  PROVIDING  EDUCATIONAL OPPORTUNITIES FOR CONSUMERS REGARDING LOCAL
GROWTH AND MANUFACTURING OF PRODUCTS AND INITIATIVES TO FURTHER  PROMOTE
THE BRAND; AND
  7. DETERMINING FUNDING SOURCES AVAILABLE TO THE MANUFACTURING COMMUNI-
TY  TO SUPPORT MARKETING, BRANDING AND PROMOTION OF LOCALLY GROWN BRAND-
ING EFFORTS.
  S 343. CERTIFICATION MARK USE AND IMAGING. 1. THE  CERTIFICATION  MARK
SHALL ONLY BE APPLIED TO PRODUCTS THAT MEET THE ELIGIBILITY REQUIREMENTS
PROMULGATED  BY  THE  DEPARTMENT.  THE CERTIFICATION MARK MAY BE USED IN
ADVERTISEMENT IN CONJUNCTION WITH THE PHRASE, "LOOK FOR  THIS  MARK"  OR
LIKE  EXPRESSIONS. ADVERTISING, PROPOSITIONAL OR MERCHANDISING MATERIALS
WHICH BEAR THE CERTIFICATION MARK SHALL NOT MAKE OR CONTAIN  ANY  CLAIMS
WHICH ARE FALSE, MISLEADING OR DECEPTIVE, INCLUDING, BUT NOT LIMITED TO,
CLAIMS  WHICH DISCREDIT OR DISPARAGE THE QUALITY, VALUE, SALE, OR USE OF
ANY COMPETING PRODUCT AND OTHERWISE COMPLY WITH ADVERTISING STANDARDS OF
ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS.

S. 519--A                           3

  2. PROGRAM PARTICIPANTS SHALL MAINTAIN  RECORDS  SUFFICIENT  TO  AUDIT
THROUGHOUT  CERTIFICATION MARK USAGE FOR THE PURPOSES OF VERIFYING ONGO-
ING COMPLIANCE WITH ALL ELIGIBILITY REQUIREMENTS.  PARTICIPANTS  MAY  BE
REQUIRED,  UPON  WRITTEN NOTICE BY THE DEPARTMENT, TO OBTAIN THE DEPART-
MENT'S  APPROVAL  PRIOR  TO USE OF THE CERTIFICATION MARK FOR PARTICULAR
PRODUCTS AND MAY, AT ITS DISCRETION, REFUSE SUCH APPROVAL OR REVOKE  USE
OF  THE  CERTIFICATION  MARK IN PARTICULAR CASES IF SUCH USAGE IS DEEMED
INCONSISTENT WITH THE "GROWN IN NEW YORK" PROMOTIONAL CAMPAIGN.
  3. THE CERTIFICATION MARK SHALL BE ISSUED BY THE DEPARTMENT AND  SHALL
SERVE  AS THE OFFICIAL STATE EMBLEM IDENTIFYING PRODUCTS THAT ARE "GROWN
IN NEW YORK." UPON ISSUANCE BY THE DEPARTMENT, THE  CERTIFICATION  MARKS
REPRODUCED  BY  PROGRAM  PARTICIPANTS  SHALL  NOT  BE ALTERED IN ANY WAY
PROVIDED, HOWEVER, THAT THE OVERALL SIZE OF THE CERTIFICATION  MARK  MAY
VARY.  IN NO CASE SHALL A PROGRAM PARTICIPANT'S NAME AND/OR TRADEMARK BE
INSERTED  WITHIN  OR  OVERLAP  THE BOUNDARIES OF THE CERTIFICATION MARK.
PROGRAM PARTICIPANTS SHALL NOT USE THE CERTIFICATION  MARK  AS  ITS  OWN
MARK, OR AS THE EXCLUSIVE REPRESENTATION OF SUCH PARTICIPANTS.
  S 344. LICENSING AGREEMENT. PROGRAM PARTICIPANTS SHALL FULLY EXECUTE A
LICENSING AGREEMENT, THE PROVISIONS OF WHICH SHALL INCLUDE:
  1.  THE  PURPOSE  OF  THE  "GROWN IN NEW YORK" CAMPAIGN AS PROVIDED IN
SECTION THREE HUNDRED FORTY OF THIS ARTICLE;
  2. THE OWNERSHIP AND PROTECTION OF THE "GROWN  IN  NEW  YORK"  CERTIF-
ICATION MARK;
  3. STATEMENTS BY THE PARTICIPANTS ACKNOWLEDGING THAT THE CERTIFICATION
MARK AND GOOD WILL ARE THE PROPERTY OF THE DEPARTMENT;
  4. AGREEMENT BY THE PARTICIPANT TO REFRAIN FROM ACTING SO AS TO DIMIN-
ISH  THE  VALUE  OF  THE  CERTIFICATION  MARK  AND TO COOPERATE WITH THE
DEPARTMENT IN ITS EFFORTS TO PROTECT THE CERTIFICATION MARK;
  5. AGREEMENT BY THE PARTICIPANT TO MAINTAIN RECORDS EVIDENCING COMPLI-
ANCE WITH THE TERMS AND CONDITIONS OF THE LICENSING AGREEMENT;
  6. A STATEMENT OF INDEMNIFICATION EXCUSING THE DEPARTMENT,  THE  STATE
OF  NEW  YORK,  AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIREC-
TORS, AND AGENTS FROM ANY CLAIMS,  ACTIONS,  SUITS,  INJURIES,  DAMAGES,
COSTS,  EXPENSES,  INCLUDING  BUT NOT LIMITED TO ATTORNEY'S FEES, AND/OR
OTHER LIABILITIES ARISING OUT OF  OR  IN  CONNECTION  WITH  USE  OF  THE
CERTIFICATION MARK, BREACH OF THE AGREEMENT, AND/OR PROMOTION, SALE, USE
OR CONSUMPTION OF PARTICIPANTS' PRODUCTS; AND
  7.  AN  AGREEMENT  AWARDING ATTORNEY'S FEES TO THE PREVAILING PARTY IN
ANY ACTION ARISING OUT OF A DISPUTE OVER THE LICENSING AGREEMENT.
  S 345. REGISTRATION. ANY PERSON OR CORPORATION  THAT  PARTICIPATES  IN
THE "GROWN IN NEW YORK" PROGRAM SHALL REGISTER ANNUALLY WITH THE DEPART-
MENT  IN A FORM AND MANNER AS REQUIRED BY THE DEPARTMENT. EACH PERSON OR
CORPORATION SHALL RENEW THEIR REGISTRATION ON THE  ANNIVERSARY  DATE  OF
ORIGINAL MEMBERSHIP.
  S  346.  RULES  AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES
AND REGULATIONS FOR THE PURPOSES OF FULFILLING THE  OBJECTIVES  OF  THIS
ARTICLE  ON  ITS  EFFECTIVE  DATE,  INCLUDING  RULES  FOR  ENTERING INTO
CONTRACTS WITH ADVERTISING AGENCIES  FOR  SERVICES  WHICH  ARE  DIRECTLY
RELATED  TO  THE  "GROWN  IN  NEW  YORK"  CAMPAIGN. THE DEPARTMENT SHALL
FURTHER DETERMINE, BY RULE, THE  LOGOS  OR  PRODUCT  IDENTIFIERS  TO  BE
DEPICTED  FOR USE IN ADVERTISING, PUBLICIZING, AND PROMOTION OF NEW YORK
AGRICULTURAL PRODUCTS OR AGRICULTURAL-BASED PRODUCTS IN  THE  "GROWN  IN
NEW YORK" CAMPAIGN. THE DEPARTMENT MAY ALSO ADOPT RULES NOT INCONSISTENT
WITH  THE PROVISIONS OF THIS ARTICLE AS IN ITS JUDGMENT MAY BE NECESSARY
FOR  PARTICIPANT  REGISTRATION,  RENEWAL  OF  REGISTRATION,  APPLICATION

S. 519--A                           4

FORMS,  AS WELL AS OTHER FORMS AND ENFORCEMENT MEASURES ENSURING COMPLI-
ANCE WITH THIS ARTICLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized and directed to be made and completed on or before such date.