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

                                  4657

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Agriculture

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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD06077-06-5

A. 4657                             2

  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.
  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

A. 4657                             3

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
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.