Bill Text: NY S05720 | 2015-2016 | General Assembly | Amended


Bill Title: Expands the farm, apple and cuisine trails programs.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2016-09-09 - SIGNED CHAP.314 [S05720 Detail]

Download: New_York-2015-S05720-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5720--B
            Cal. No. 373
                               2015-2016 Regular Sessions
                    IN SENATE
                                      May 29, 2015
                                       ___________
        Introduced  by  Sens. VALESKY, LARKIN -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Agriculture  --
          recommitted  to the Committee on Agriculture in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and  recommitted to said committee -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a  third  reading,  passed by Senate and delivered to the
          Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        AN ACT to amend the agriculture and markets law,  in  relation  to  farm
          trails, apple trails and cuisine trails
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 2  of  section  284-a  of  the
     2  agriculture  and  markets  law, as amended by chapter 448 of the laws of
     3  2008, is amended to read as follows:
     4    (c) "cuisine trail" shall mean an association of producers,  that  may
     5  include a combination of producers, food or agricultural product proces-
     6  sors  and retailers including, but not limited to, restaurants, that are
     7  in close proximity to each other, and that sell in a cooperative  manner
     8  a  complementary  variety  of  unusual,  unique, gourmet or hard to find
     9  fresh farm and food products and  foods  prepared  primarily  with  such
    10  products  for  on or off premises consumption, including but not limited
    11  to, herbs, meats, vegetables, salad materials, wines or other  alcoholic
    12  beverages  and/or  non-alcoholic  beverages,  cut flowers, mushrooms, or
    13  fruits. Such trails may utilize a map,  other  directional  devices,  or
    14  highway signs to market their products and direct patrons to their plac-
    15  es of business.
    16    §  2.  The  opening paragraph and subparagraph (i) of paragraph (b) of
    17  subdivision 3 of section 284-a of the agriculture and  markets  law,  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11385-09-6

        S. 5720--B                          2
     1  amended  by  chapter  448  of  the  laws of 2008, are amended to read as
     2  follows:
     3    Designations  shall  take  into consideration geographic proximity and
     4  alignment, thematic consistency, geographic or  historical  consistency,
     5  density,  economic  feasibility,  and  the  cooperation  of agricultural
     6  producers on the trails to be designated. The department shall designate
     7  no more than [ten] fifteen farm trails, [ten] fifteen apple trails,  and
     8  [ten]  fifteen  cuisine  trails.   Criteria for developing and approving
     9  such trails shall include:
    10    (i) that the length of such trail, excluding laterals,  is  no  longer
    11  than [fifty] seventy-five miles,
    12    §  3.  Subparagraph  (ii) of paragraph (c) of subdivision 3 of section
    13  284-a of the agriculture and markets law, as amended by chapter  448  of
    14  the laws of 2008, is amended to read as follows:
    15    (ii) the commissioner of transportation. The commissioner of transpor-
    16  tation   shall  cooperate  with  the  department  in  carrying  out  the
    17  provisions of this section. The  commissioner  of  transportation,  upon
    18  receipt of a one time five hundred dollar application fee, is authorized
    19  to permit the installation and maintenance of signs on the state highway
    20  system  for  trails  designated  pursuant  to  this  section. Such funds
    21  received by the commissioner of transportation pursuant to this subdivi-
    22  sion shall be deposited pursuant to section eighty-nine-b of  the  state
    23  finance  law.  However,  to  avoid  confusion  and to limit any possible
    24  disruption of commerce, the trail designations called  for  pursuant  to
    25  this  section  shall be of a ceremonial nature and the official names of
    26  such highway shall not be changed as  a  result  of  such  designations.
    27  Signage for trails designated pursuant to this section may include "farm
    28  trail",   "apple  trail",  "cuisine  trail"  or  any  other  descriptive
    29  language, approved by the department, in consultation with  the  depart-
    30  ment  of  transportation,  used to promote the marketing of [the trails]
    31  such trail products.
    32    § 4. Paragraph (a) of subdivision 4 of section 284-a of  the  agricul-
    33  ture  and markets law, as amended by chapter 448 of the laws of 2008, is
    34  amended to read as follows:
    35    (a) Any association of producers as described in  this  section,  upon
    36  payment  of  an  application  fee  of  two  hundred  fifty  dollars  and
    37  completion of an application form, may obtain from the department desig-
    38  nation as a farm, apple, or cuisine  trail,  or  any  other  descriptive
    39  language approved by the department, in consultation with the department
    40  of transportation, used to promote the marketing of such trail products.
    41  Such funds received by the department pursuant to this subdivision shall
    42  be deposited in the general fund. All applicants must satisfy the desig-
    43  nation criteria stated in subdivision three of this section.
    44    § 5. This act shall take effect immediately.
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