Bill Text: NY S06965 | 2011-2012 | General Assembly | Introduced
Bill Title: Directs the commissioner of agriculture and markets to establish a Dine: Pride of New York program for restaurants which use ingredients produced in New York state.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Introduced - Dead) 2012-05-15 - REPORTED AND COMMITTED TO FINANCE [S06965 Detail]
Download: New_York-2011-S06965-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6965
I N S E N A T E
April 17, 2012
___________
Introduced by Sens. VALESKY, CARLUCCI, KLEIN, SAVINO -- 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 estab-
lishing the Dine: Pride of New York program for restaurants using and
serving New York state produced foods and food 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 section 156-j to read as follows:
3 S 156-J. DINE: 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 ARE 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14878-04-2
S. 6965 2
1 (B) "RESTAURANT" MEANS A PLACE WHICH IS REGULARLY OPERATED FOR THE
2 SERVING OF MEALS, FOR CONSUMPTION ON PREMISES OR OFF PREMISES, FOR
3 COMPENSATION.
4 2. THE COMMISSIONER SHALL DESIGN, DETERMINE AND ADOPT AN OFFICIAL LOGO
5 FOR DINE: PRIDE OF NEW YORK RESTAURANTS WHICH MAY BE DISPLAYED UPON THE
6 PREMISES OF RESTAURANTS DESIGNATED PURSUANT TO THIS SECTION. SUCH LOGO,
7 WHEN ADOPTED BY THE COMMISSIONER, MAY BE REGISTERED AS A TRADEMARK IN
8 THE OFFICE OF THE SECRETARY OF STATE PURSUANT TO ARTICLE TWENTY-FOUR OF
9 THE GENERAL BUSINESS LAW OR ANY OTHER PROVISION OF LAW RELATING TO THE
10 REGISTRATION OF TRADEMARKS. SUCH TRADEMARK SHALL BE REGISTERED BY THE
11 SECRETARY OF STATE WITHOUT EXTRACTION OF ANY FEE THEREFOR. THE COMMIS-
12 SIONER MAY, IN HIS OR HER DISCRETION, REGISTER SUCH MARK WITH THE UNITED
13 STATES GOVERNMENT AND ANY OTHER STATE OR FOREIGN COUNTRY.
14 3. THE OPERATOR OF ANY RESTAURANT, WHO OPERATES AT LEAST ONE RESTAU-
15 RANT IN THIS STATE, MAY APPLY TO THE COMMISSIONER TO HAVE A RESTAURANT
16 DESIGNATED AS A DINE: PRIDE OF NEW YORK, IF NOT LESS THAN FIFTEEN
17 PERCENT OF THE INGREDIENTS USED AND SERVED AT SUCH RESTAURANT ARE NEW
18 YORK PRODUCTS. EVERY APPLICANT FOR DESIGNATION PURSUANT TO THIS SECTION
19 SHALL INCLUDE IN HIS OR HER APPLICATION A LIST OF NEW YORK PRODUCTS USED
20 AND SERVED ANNUALLY, THE NAMES OF THE NEW YORK PRODUCT PRODUCERS FROM
21 WHOM SUCH PRODUCTS WERE PURCHASED, AND A ONE SENTENCE DESCRIPTION OF THE
22 FOOD AND MEALS OFFERED BY THE APPLICANT. THE COMMISSIONER MAY, BASED
23 UPON THE PRODUCERS NAMED IN EACH APPLICATION, VERIFY THAT THE PRODUCTS
24 AND/OR INGREDIENTS USED AND SERVED BY THE APPLICANT ARE NEW YORK
25 PRODUCTS. IF THE COMMISSIONER FINDS THAT THE APPLICANT'S RESTAURANT
26 COMPLIES WITH THE STANDARDS ESTABLISHED IN THIS SUBDIVISION, HE OR SHE
27 SHALL DESIGNATE THE APPLICANT'S RESTAURANT AS A DINE: PRIDE OF NEW YORK
28 RESTAURANT. APPLICANTS RECEIVING SUCH DESIGNATION WITHIN ONE YEAR OF
29 THE EFFECTIVE DATE OF THIS SECTION SHALL BE PROVIDED WITH OFFICIAL DINE:
30 PRIDE OF NEW YORK ADVERTISING AND PROMOTIONAL MATERIALS FREE OF CHARGE.
31 THEREAFTER, THE COMMISSIONER SHALL PROVIDE SUCH MATERIALS, AS HE OR SHE
32 DEEMS NECESSARY, TO FULFILL THE GOALS AND PURPOSES OF THE DINE: PRIDE OF
33 NEW YORK PROGRAM.
34 4. THE DEPARTMENT SHALL ESTABLISH, ON ITS DEPARTMENTAL INTERNET
35 WEBSITE, A LINK DEDICATED TO THE DINE: PRIDE OF NEW YORK PROGRAM. SUCH
36 LINK SHALL INCLUDE THE NAME, LOCATION AND HOURS OF OPERATION OF EACH
37 DINE: PRIDE OF NEW YORK DESIGNATED RESTAURANT AND THE BRIEF DESCRIPTION
38 OF THE FOODS AND MEALS OFFERED BY EACH SUCH RESTAURANT THAT WAS PROVIDED
39 IN THE RESTAURANT'S APPLICATION FOR DESIGNATION PURSUANT TO THIS
40 SECTION. FURTHERMORE, THE DEPARTMENT, IN COOPERATION WITH THE DEPART-
41 MENT OF ECONOMIC DEVELOPMENT AND THE REGIONAL OFFICES OF SUCH DEPART-
42 MENT, SHALL ENGAGE IN THE PROMOTION OF DINE: PRIDE OF NEW YORK DESIG-
43 NATED RESTAURANTS.
44 5. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE
45 OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
46 S 2. This act shall take effect on the first of January next succeed-
47 ing the date on which it shall have become a law, provided, that, effec-
48 tive immediately, any rules and regulations necessary to implement the
49 provisions of this act on its effective date are authorized and directed
50 to be promulgated on or before such date.
