S06964 Summary:

BILL NOS06964A
 
SAME ASNo same as
 
SPONSORCARLUCCI
 
COSPNSRKENNEDY, KLEIN, SAVINO, VALESKY
 
MLTSPNSR
 
Add S156-j, Ag & Mkts L
 
Establishes the Shop: Pride of New York program for food sellers which sell foods produced in New York state.
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S06964 Actions:

BILL NOS06964A
 
04/17/2012REFERRED TO AGRICULTURE
05/15/2012REPORTED AND COMMITTED TO FINANCE
06/18/2012AMEND AND RECOMMIT TO FINANCE
06/18/2012PRINT NUMBER 6964A
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S06964 Floor Votes:

There are no votes for this bill in this legislative session.
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S06964 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6964--A
 
                    IN SENATE
 
                                     April 17, 2012
                                       ___________
 
        Introduced  by  Sens.  CARLUCCI, KENNEDY, KLEIN, SAVINO, VALESKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Agriculture -- reported favorably from said committee and
          committed  to  the  Committee on Finance -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14877-07-2

        S. 6964--A                          2
 
     1  product unless at least fifty-one percent of its content is derived from
     2  New York state grown farm products.

     3    (b)  "Food seller" means any person or entity regularly engaged in the
     4  sale of food and/or food products.
     5    2. The commissioner shall design, determine and adopt an official logo
     6  for Shop: Pride of New York food sellers which may be displayed upon the
     7  premises of food sellers designated pursuant  to  this  section.    Such
     8  logo, when adopted by the commissioner, may be registered as a trademark
     9  in  the office of the secretary of state pursuant to article twenty-four
    10  of the general business law or any other provision of  law  relating  to
    11  the  registration  of  trademarks. Such trademark shall be registered by
    12  the secretary of state without  extraction  of  any  fee  therefor.  The

    13  commissioner  may, in his or her discretion, register such mark with the
    14  United States government and any other state or foreign country.
    15    3. A retail food seller may apply to  the  commissioner  to  have  its
    16  business  designated  as a Shop:  Pride of New York food seller, if such
    17  retail food seller sells or offers for sale at  least  twenty  different
    18  foods  and/or  food products that are New York products.  At the time of
    19  application, a one-time application fee of twenty-five dollars shall  be
    20  paid  to  the  department.   Every applicant for designation pursuant to
    21  this section shall include in his or her application a list of New  York
    22  products sold annually, the names of the New York product producers from

    23  whom such products were purchased, and a one sentence description of its
    24  business.  The  commissioner may, based upon the producers named in each
    25  application, verify that the products sold by the applicant are New York
    26  products. If  the  commissioner  finds  that  the  applicant's  business
    27  complies  with  the  standards established in this subdivision he or she
    28  shall designate the retail food seller as a Shop: Pride of New York food
    29  seller.  Applicants receiving such designation within one  year  of  the
    30  effective  date  of  this  section shall be provided with official Shop:
    31  Pride of New York advertising and promotional materials free of  charge.
    32  Thereafter,  the commissioner shall provide such materials, as he or she

    33  deems necessary, to fulfill the goals and purposes of the Shop: Pride of
    34  New York program.
    35    4. A wholesale food seller may apply to the commissioner to  have  its
    36  business  designated  as  a  Shop: Pride of New York wholesaler, if such
    37  wholesale food seller sells or offers for sale such quantities and types
    38  of foods and/or food products that are New York products,  as  shall  be
    39  established in the rules of the department.  At the time of application,
    40  a  one-time  application fee of twenty-five dollars shall be paid to the
    41  department.  Every applicant for designation pursuant to the subdivision
    42  shall include in his or her application a list of New York products sold
    43  annually, the names of the New York product  producers  from  whom  such

    44  products were purchased, and a one sentence description of its business.
    45  The  commissioner  may,  based upon the producers named in each applica-
    46  tion, verify that the products  sold  by  the  applicant  are  New  York
    47  products. If the commissioner finds that the applicant complies with the
    48  standards established in this subdivision, he or she shall designate the
    49  wholesale  food  seller as a Shop: Pride of New York wholesaler.  Appli-
    50  cants receiving such designation within one year of the  effective  date
    51  of  this section shall be provided with official Shop: Pride of New York
    52  advertising and promotional materials free of charge.   Thereafter,  the
    53  commissioner shall provide such materials, as he or she deems necessary,

    54  to  fulfill  the  goals  and  purposes  of  the  Shop: Pride of New York
    55  program.

        S. 6964--A                          3
 
     1    5.   The department shall  establish,  on  its  departmental  internet
     2  website,  a  link dedicated to the Shop: Pride of New York program. Such
     3  link shall include the name, location and hours  of  operation  of  each
     4  Shop:  Pride of New York designated food seller, and the single sentence
     5  description  of  the  food  seller's  business  that was included in its
     6  application.  Furthermore,  the  department,  in  cooperation  with  the
     7  department  of  economic  development  and  the regional offices of such
     8  department, shall engage in the promotion of Shop:  Pride  of  New  York

     9  designated food sellers.
    10    6.  The commissioner shall promulgate such rules and regulations as he
    11  or she deems necessary to implement the provisions of this section.
    12    § 2. This act shall take effect on the first of January next  succeed-
    13  ing the date on which it shall have become a law, provided, that, effec-
    14  tive  immediately,  any rules and regulations necessary to implement the
    15  provisions of this act on its effective date are authorized and directed
    16  to be promulgated on or before such date.
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