NY State Senate Bill 2017-S3832

Senate Bill S3832

2017-2018 Legislative Session

Creates a "Grown in New York" program campaign to increase awareness and consumption of locally grown and produced foods and related products

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 27, 2017	referred to agriculture

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2017-S3832 (ACTIVE) - Details

See Assembly Version of this Bill:: A5204
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add Art 25-BB §§340 - 346, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:: S519, A4657

2017-S3832 (ACTIVE) - Summary

Creates a "Grown in New York" program 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.

2017-S3832 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3832

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to the
creation of a "Grown in New York" program 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

 PURPOSE :

To create a "Grown in New York" program to increase awareness and
consumption of locally grown and produced foods and to improve the
production and distribution of such foods for local consumption.

 SUMMARY OF PROVISIONS :

Section 1 amends the Agriculture and Markets Law by adding a new
article 25-BB creating the "Grown in New York" program. The purpose of
this program is to increase awareness and consumption of locally grown
and produced foods and to increase and improve the production and
distribution of such foods for local consumption. Article 25-BB sets
forth the legislative intent, the creation of the program, the
purposes and duties of the department, the certification mark to be
used, a required licensing agreement, registration requirements, and

the rules and regulations to be promulgated by the Department.

Section 2 provides the effective date.

 JUSTIFICATION :

Despite the increasing trend among Americans to buy local foods and
products there is currently insufficient resources and information
necessary to encourage and foster consumer awareness and purchase of
the locally grown and manufactured products in New York State. By
defining and branding what "Grown in New York" means, New York can
capitalize and protect its agricultural businesses in an increasingly
competitive global market by cohesively distinguishing these locally
grown products from the wide-range of non-local food products.
Simultaneously, the "Grown in New York" promotional campaign will
build pride in these businesses. Encouraging the purchase of these
products will help grow local businesses, encourage new businesses to
grow and make products in New York, secure and create jobs, and in so
doing, foster local economies.

The rapid increase in consumer interest in purchasing locally grown
foods has led to many changes in the food system. From 1994 to 2009
there was a 201% increase in the number of operating farmers' markets,
with most featuring local products.  Additionally, in 2007, over
12,000 farms participated in community supported agriculture
arrangements, or farm-shares, in which a portion of the local farm's
total harvest is provided to consumers for a predetermined fee. The
emergence of consumer interest in purchasing locally grown foods can
even found in the marketing activities of food-giants, such as
Frito-Lay, who in 2009 made "Lay's Local" their primary promotional
campaign.

In light of this national trend to buy locally grown produce, the
"Grown in New York" marketing campaign is designed to increase
consumer consumption of local products by helping consumers identify
and choose locally grown goods. There is a need in New York to
increase consumer awareness and expand the market for New York's
locally grown agricultural products. The "Grown in New York"
promotional campaign will serve as a conduit between the state and its
agribusinesses to efficiently promote and advertise such locally grown
products. As a result of increased consumer awareness of locally grown
goods demand for these products will also rise.

While New York is recognized as a leader in the promotion and support
of locally grown food, consumption of locally grown products is
meager. "Grown in New York" will assist its sister initiatives, "Taste
NY" and "Buy NY," by especially promoting local production and
consumption, or the farm-to-table prerogative. Incidentally, as
students enjoy more locally-grown produce in schools through the
United States Department of Agriculture pilot program for the
procurement of locally grown produce in New York State Schools, "Grown
in New York" will provide the rest of the state with the opportunity
to identify and benefit from locally grown produce.

Capitalizing the "Grown in New York" promotional campaign will advance
New York's farmers, food processors, entrepreneurs, communities, and
the New York way of life. It is imperative that this bill be adopted
so that New York can continue to strengthen the agribusinesses that
are so essential to the fabric of the state. In summation, investment
in "Grown in New York" is an investment in the state's economy and in
its future.

 LEGISLATIVE HISTORY :

2015-2016 S.519A/A.4657

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and twentieth day after
it shall have become a law.

2017-S3832 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3832
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE,  AMEDORE,  CROCI, DeFRANCISCO, GALLIVAN,
   HANNON, LARKIN, MARCHIONE, ORTT, RANZENHOFER, SERINO, SEWARD  --  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  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.
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08809-01-7

 S. 3832                             2
 
 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.
   §  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.
   § 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.
   §  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-

 S. 3832                             3
 
 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.
   § 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.
   §  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.
   § 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. 3832                             4
 
   § 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.

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