Bill Text: NY A05564 | 2013-2014 | General Assembly | Introduced

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Bill Title: Directs the commissioner of agriculture and markets to establish a Grow: Pride of New York program for nursery dealers which use products produced in New York state.

Spectrum: Slight Partisan Bill (Democrat 28-15)

Status: (Vetoed) 2014-12-17 - tabled [A05564 Detail]

Download: New_York-2013-A05564-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5564
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       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 Grow: Pride of New York program for nursery dealers using
         and selling New York state produced horticulture products
         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  article 24-a to read as follows:
    3                                ARTICLE 24-A
    4                           GROW: PRIDE OF NEW YORK
    5  SECTION 291. GROW: PRIDE OF NEW YORK.
    6    S 291. GROW: PRIDE OF NEW YORK. 1. FOR PURPOSES OF THIS  ARTICLE,  THE
    7  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    8    (A)  "NEW  YORK  PRODUCT"  MEANS NEW YORK STATE HORTICULTURAL PRODUCTS
    9  GROWN WITHIN THIS STATE IN ACCORDANCE  WITH  OFFICIAL  STANDARDS  ESTAB-
   10  LISHED BY THE COMMISSIONER.
   11    (B) "HORTICULTURE" MEANS ORNAMENTALS, NURSERY STOCK, SOD AND CHRISTMAS
   12  TREES.
   13    (C) "NURSERY DEALER" MEANS A SINGLE LOCATION OF A BUSINESS WHICH REGU-
   14  LARLY  OPERATES FOR THE SALE OF HORTICULTURAL PRODUCTS AND RELATED ITEMS
   15  FOR COMPENSATION.
   16    2. THE COMMISSIONER IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO  DESIGN,
   17  DEVELOP  AND  ADOPT AN OFFICIAL LOGO FOR GROW: PRIDE OF NEW YORK DEALERS
   18  WHICH MAY BE DISPLAYED UPON THE PREMISES OF A NURSERY DEALER. A  NURSERY
   19  DEALER  SHALL  BE  ELIGIBLE FOR DESIGNATION AS A GROW: PRIDE OF NEW YORK
   20  NURSERY, IF NOT  LESS  THAN  TWENTY-FIVE  PERCENT  OF  THE  HORTICULTURE
   21  PRODUCTS SOLD AT SUCH NURSERY ARE NEW YORK PRODUCTS.
   22    3. A NURSERY DEALER LOCATED WITHIN THIS STATE MAY APPLY TO THE COMMIS-
   23  SIONER FOR DESIGNATION AS A GROW: PRIDE OF NEW YORK NURSERY. SUCH APPLI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09186-01-3
       A. 5564                             2
    1  CATION  SHALL BE IN A MANNER AND FORM DETERMINED BY THE COMMISSIONER AND
    2  SHALL INCLUDE, BUT NOT BE LIMITED TO:
    3    (A)  A LIST OF NEW YORK HORTICULTURE PRODUCTS USED AND SOLD BOTH ANNU-
    4  ALLY AND SEASONALLY BY THE NURSERY DEALER;
    5    (B) THE NAMES OF  THE  NEW  YORK  PRODUCT  PRODUCERS  FROM  WHOM  SUCH
    6  PRODUCTS WERE PURCHASED BY THE NURSERY DEALER;
    7    (C)  A  ONE SENTENCE DESCRIPTION OF EACH HORTICULTURE ITEM OFFERED FOR
    8  SALE BY THE NURSERY DEALER; AND
    9    (D) ANY OTHER INFORMATION THE COMMISSIONER DEEMS RELEVANT.
   10    4. A NURSERY DEALER WHICH MEETS AND COMPLIES WITH  THE  PROVISIONS  OF
   11  THIS  ARTICLE  AND  THE OFFICIAL STANDARDS, RULES AND REGULATIONS ESTAB-
   12  LISHED BY THE COMMISSIONER SHALL BE DESIGNATED AS A GROW: PRIDE  OF  NEW
   13  YORK  NURSERY  DEALER.  NURSERY DEALERS DESIGNATED AS GROW: PRIDE OF NEW
   14  YORK NURSERIES WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  ARTICLE
   15  SHALL  RECEIVE  PROMOTIONAL  AND ADVERTISING MATERIALS AS GROW: PRIDE OF
   16  NEW YORK NURSERIES FREE OF CHARGE. AFTER THE EXPIRATION OF SUCH ONE YEAR
   17  PERIOD, THE COMMISSIONER MAY PROVIDE SUCH MATERIALS, AS HE OR SHE  FEELS
   18  NECESSARY,  TO  FULFILL THE GOALS AND PURPOSES OF THE GROW: PRIDE OF NEW
   19  YORK PROGRAM.
   20    5. THE DEPARTMENT SHALL ESTABLISH ON ITS DEPARTMENTAL WEBSITE  A  LINK
   21  DEDICATED  TO  THE  GROW:  PRIDE  OF  NEW  YORK PROGRAM. THIS LINK SHALL
   22  INCLUDE THE NAME, LOCATION AND HOURS OF OPERATION OF EACH GROW: PRIDE OF
   23  NEW YORK NURSERY DEALER, AND EACH  BUSINESS  THAT  SUCH  NURSERY  DEALER
   24  OBTAINED  ITS NEW YORK PRODUCTS. THE DEPARTMENT, IN COOPERATION WITH THE
   25  DEPARTMENT OF ECONOMIC DEVELOPMENT AND INDUSTRY MEMBERS, SHALL  WORK  TO
   26  PROMOTE GROW: PRIDE OF NEW YORK NURSERY DEALERS.
   27    6.  THE  COMMISSIONER  IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
   28  SUCH RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
   29  ARTICLE.
   30    S 2. This act shall take effect on the first of January next  succeed-
   31  ing  the  date  on  which it shall have become a law; provided, however,
   32  that effective immediately, the addition, amendment and/or repeal of any
   33  rule or regulation necessary for the implementation of this act  on  its
   34  effective  date is authorized to be made and completed on or before such
   35  date.