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A09868 Summary:

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A09868 Floor Votes:

A09868 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9868
 
                   IN ASSEMBLY
 
                                     April 19, 2012
                                       ___________
 
        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  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:
 
     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 156-j to read as follows:
     3    § 156-j.  Shop: Pride of New York.  1. Definitions. As  used  in  this
     4  section, the following terms shall mean:
     5    (a)  "New  York  product"  means (i) New York state grown farm product
     6  packed within this state in accordance with  official  standards  estab-
     7  lished  as  provided  by  this  article, article thirteen, article thir-
     8  teen-a, article thirteen-b, article thirteen-c and article thirteen-d of
     9  this chapter or any New York state produced or landed  aquatic  product,
    10  subject to and in accordance with rules and regulations to be promulgat-
    11  ed by the commissioner; or

    12    (ii)  any  New  York state processed food product, manufactured within
    13  this state in accordance with  official  standards  established  by  the
    14  commissioner  pursuant  to  regulation, which is essentially composed of
    15  New York state grown farm products, provided, however, that whenever the
    16  commissioner determines, after public hearing, that the use of  ingredi-
    17  ents  not  grown or produced in this state is necessary or beneficial in
    18  manufacturing a particular product because such ingredients  are  either
    19  not  grown  in  New  York  or unavailable in sufficient quantity or at a
    20  reasonable price to allow the product to be composed of  only  New  York
    21  state  grown  farm products, the standard for such product may authorize

    22  the inclusion of ingredients not produced in this state, except that  in
    23  no  event  shall an official brand or mark be approved for use on a food
    24  product unless at least fifty-one percent of its content is derived from
    25  New York state grown farm products.
    26    (b) "Food seller" means any person or entity regularly engaged in  the
    27  sale of food and/or food products.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14877-04-2
        A. 9868                             2
 
     1    2. The commissioner shall design, determine and adopt an official logo

     2  for Shop: Pride of New York food sellers which may be displayed upon the
     3  premises  of  food  sellers  designated pursuant to this section.   Such
     4  logo, when adopted by the commissioner, may be registered as a trademark
     5  in  the office of the secretary of state pursuant to article twenty-four
     6  of the general business law or any other provision of  law  relating  to
     7  the  registration  of  trademarks. Such trademark shall be registered by
     8  the secretary of state without  extraction  of  any  fee  therefor.  The
     9  commissioner  may, in his or her discretion, register such mark with the
    10  United States government and any other state or foreign country.
    11    3. A retail food seller may apply to  the  commissioner  to  have  its

    12  business  designated  as a Shop:  Pride of New York food seller, if such
    13  retail food seller sells or offers for sale at  least  twenty  different
    14  foods  and/or food products that are New York products.  Every applicant
    15  for designation pursuant to this section shall include  in  his  or  her
    16  application  a list of New York products sold annually, the names of the
    17  New York product producers from whom such products were purchased, and a
    18  one sentence description of its business. The  commissioner  may,  based
    19  upon  the  producers named in each application, verify that the products
    20  sold by the applicant are New York products. If the  commissioner  finds
    21  that the applicant's business complies with the standards established in

    22  this  subdivision  he or she shall designate the retail food seller as a
    23  Shop: Pride of New York food seller.  Applicants receiving  such  desig-
    24  nation  within  one  year of the effective date of this section shall be
    25  provided with official Shop: Pride of New York  advertising  and  promo-
    26  tional  materials  free  of  charge.  Thereafter, the commissioner shall
    27  provide such materials, as he or she deems  necessary,  to  fulfill  the
    28  goals and purposes of the Shop: Pride of New York program.
    29    4.  A  wholesale food seller may apply to the commissioner to have its
    30  business designated as a Shop: Pride of New  York  wholesaler,  if  such
    31  wholesale food seller sells or offers for sale such quantities and types

    32  of  foods  and/or  food products that are New York products, as shall be
    33  established in the rules of the department. Every applicant  for  desig-
    34  nation  pursuant to the subdivision shall include in his or her applica-
    35  tion a list of New York products sold annually, the  names  of  the  New
    36  York product producers from whom such products were purchased, and a one
    37  sentence  description of its business.  The commissioner may, based upon
    38  the producers named in each application, verify that the  products  sold
    39  by  the  applicant are New York products. If the commissioner finds that
    40  the applicant complies with the standards established in  this  subdivi-
    41  sion,  he  or  she  shall designate the wholesale food seller as a Shop:

    42  Pride of New York wholesaler.   Applicants  receiving  such  designation
    43  within  one year of the effective date of this section shall be provided
    44  with official Shop: Pride of New York advertising and promotional  mate-
    45  rials  free  of charge.  Thereafter, the commissioner shall provide such
    46  materials, as he or she  deems  necessary,  to  fulfill  the  goals  and
    47  purposes of the Shop: Pride of New York program.
    48    5.    The  department  shall  establish,  on its departmental internet
    49  website, a link dedicated to the Shop: Pride of New York  program.  Such
    50  link  shall  include  the  name, location and hours of operation of each
    51  Shop: Pride of New York designated food seller, and the single  sentence

    52  description  of  the  food  seller's  business  that was included in its
    53  application.  Furthermore,  the  department,  in  cooperation  with  the
    54  department  of  economic  development  and  the regional offices of such
    55  department, shall engage in the promotion of Shop:  Pride  of  New  York
    56  designated food sellers.
        A. 9868                             3
 
     1    6.  The commissioner shall promulgate such rules and regulations as he
     2  or she deems necessary to implement the provisions of this section.
     3    §  2. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law, provided, that, effec-
     5  tive immediately, any rules and regulations necessary to  implement  the

     6  provisions of this act on its effective date are authorized and directed
     7  to be promulgated on or before such date.