STATE OF NEW YORK ________________________________________________________________________ 3832 2017-2018 Regular Sessions IN SENATE 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: 1 Section 1. The agriculture and markets law is amended by adding a new 2 article 25-BB to read as follows: 3 ARTICLE 25-BB 4 GROWN IN NEW YORK 5 Section 340. Legislative intent. 6 341. Grown in New York program, created. 7 342. Purposes and duties of the department. 8 343. Certification mark use and imaging. 9 344. Licensing agreement. 10 345. Registration. 11 346. Rules and regulations. 12 § 340. Legislative intent. Despite an increasing trend among Americans 13 to buy locally grown foods, there are currently insufficient resources 14 and information available to support, encourage and foster consumer 15 product awareness and purchases of locally manufactured products in New 16 York state. By defining, branding and protecting what "Grown in New 17 York" means, New York can capitalize and protect its agricultural busi- 18 nesses in an increasingly competitive global market by distinguishing 19 and building pride in such businesses. The further promotion and educa- 20 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. LBD08809-01-7S. 3832 2 1 cial and reciprocal enterprise. Not only will New Yorkers benefit from 2 healthful consumption but local businesses will be strengthened and new 3 businesses will choose to grow and make products in New York, thus 4 creating and securing jobs and fostering local economies. 5 § 341. Grown in New York program, created. The department shall 6 conduct a "Grown in New York" promotional campaign to increase awareness 7 and consumption of locally grown and produced foods and related products 8 and to increase the production and improve the distribution of foods and 9 related products for local consumption. In the program, the department 10 shall emphasize the development of regional food and cultural tourism 11 trails and the development of regional food systems through activities 12 such as creating a program logo and maintaining related marketing mate- 13 rials; creating or supporting networks of producers; and strengthening 14 connections between producers, retailers, institutions, and consumers 15 and nearby producers. Funding for such program shall derive from a 16 budget appropriation therefor beginning in the fiscal year during which 17 such program commences. 18 § 342. Purposes and duties of the department. The department's "Grown 19 in New York" campaign shall include, but not be limited to: 1. develop- 20 ment of a "Grown in New York" logo as the official state emblem to iden- 21 tify products that are locally manufactured and in-kind advertising 22 programs which shall include, but not be limited to, a program website, 23 distribution of periodical newsletters, and social media networking and 24 educational and training programs apprising consumers about the "Grown 25 in New York" campaign and the values and benefits of buying locally 26 grown goods or products; 27 2. creation of eligibility requirements that will permit participants 28 the use of the "Grown in New York" logo on their products and represent 29 that such product was grown in this state provided that such product has 30 an agricultural origin and/or components of which are not fewer than 31 seventy-five percent grown or harvested in New York or its surface or 32 coastal waters; 33 3. registration of participants; 34 4. identification and facilitation of opportunities to increase 35 consumer demand for locally grown goods or products; 36 5. identification and facilitation of opportunities to establish 37 agreements with local growers and manufacturers for potential market- 38 place expansion of products; 39 6. providing educational opportunities for consumers regarding local 40 growth and manufacturing of products and initiatives to further promote 41 the brand; and 42 7. determining funding sources available to the manufacturing communi- 43 ty to support marketing, branding and promotion of locally grown brand- 44 ing efforts. 45 § 343. Certification mark use and imaging. 1. The certification mark 46 shall only be applied to products that meet the eligibility requirements 47 promulgated by the department. The certification mark may be used in 48 advertisement in conjunction with the phrase, "Look for this mark" or 49 like expressions. Advertising, propositional or merchandising materials 50 which bear the certification mark shall not make or contain any claims 51 which are false, misleading or deceptive, including, but not limited to, 52 claims which discredit or disparage the quality, value, sale, or use of 53 any competing product and otherwise comply with advertising standards of 54 all applicable local, state, and federal laws. 55 2. Program participants shall maintain records sufficient to audit 56 throughout certification mark usage for the purposes of verifying ongo-S. 3832 3 1 ing compliance with all eligibility requirements. Participants may be 2 required, upon written notice by the department, to obtain the depart- 3 ment's approval prior to use of the certification mark for particular 4 products and may, at its discretion, refuse such approval or revoke use 5 of the certification mark in particular cases if such usage is deemed 6 inconsistent with the "Grown in New York" promotional campaign. 7 3. The certification mark shall be issued by the department and shall 8 serve as the official state emblem identifying products that are "Grown 9 in New York." Upon issuance by the department, the certification marks 10 reproduced by program participants shall not be altered in any way 11 provided, however, that the overall size of the certification mark may 12 vary. In no case shall a program participant's name and/or trademark be 13 inserted within or overlap the boundaries of the certification mark. 14 Program participants shall not use the certification mark as its own 15 mark, or as the exclusive representation of such participants. 16 § 344. Licensing agreement. Program participants shall fully execute a 17 licensing agreement, the provisions of which shall include: 18 1. the purpose of the "Grown in New York" campaign as provided in 19 section three hundred forty of this article; 20 2. the ownership and protection of the "Grown in New York" certif- 21 ication mark; 22 3. statements by the participants acknowledging that the certification 23 mark and good will are the property of the department; 24 4. agreement by the participant to refrain from acting so as to dimin- 25 ish the value of the certification mark and to cooperate with the 26 department in its efforts to protect the certification mark; 27 5. agreement by the participant to maintain records evidencing compli- 28 ance with the terms and conditions of the licensing agreement; 29 6. a statement of indemnification excusing the department, the state 30 of New York, and each of their respective employees, officers, direc- 31 tors, and agents from any claims, actions, suits, injuries, damages, 32 costs, expenses, including but not limited to attorney's fees, and/or 33 other liabilities arising out of or in connection with use of the 34 certification mark, breach of the agreement, and/or promotion, sale, use 35 or consumption of participants' products; and 36 7. an agreement awarding attorney's fees to the prevailing party in 37 any action arising out of a dispute over the licensing agreement. 38 § 345. Registration. Any person or corporation that participates in 39 the "Grown in New York" program shall register annually with the depart- 40 ment in a form and manner as required by the department. Each person or 41 corporation shall renew their registration on the anniversary date of 42 original membership. 43 § 346. Rules and regulations. The department shall promulgate rules 44 and regulations for the purposes of fulfilling the objectives of this 45 article on its effective date, including rules for entering into 46 contracts with advertising agencies for services which are directly 47 related to the "Grown in New York" campaign. The department shall 48 further determine, by rule, the logos or product identifiers to be 49 depicted for use in advertising, publicizing, and promotion of New York 50 agricultural products or agricultural-based products in the "Grown in 51 New York" campaign. The department may also adopt rules not inconsistent 52 with the provisions of this article as in its judgment may be necessary 53 for participant registration, renewal of registration, application 54 forms, as well as other forms and enforcement measures ensuring compli- 55 ance with this article.S. 3832 4 1 § 2. This act shall take effect on the one hundred twentieth day after 2 it shall have become a law; provided, however, that effective immediate- 3 ly, the addition, amendment and/or repeal of any rule or regulation 4 necessary for the implementation of this act on its effective date is 5 authorized and directed to be made and completed on or before such date.