S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9877

                          I N  A S S E M B L Y

                             April 19, 2012
                               ___________

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 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:

  Section  1. The agriculture and markets law is amended by adding a new
section 156-j to read as follows:
  S 156-J. DINE: PRIDE OF NEW YORK. 1. DEFINITIONS.   AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A)  "NEW  YORK  PRODUCT"  MEANS (I) NEW YORK STATE GROWN FARM PRODUCT
PACKED WITHIN THIS STATE IN ACCORDANCE WITH  OFFICIAL  STANDARDS  ESTAB-
LISHED  AS  PROVIDED  BY  THIS  ARTICLE, ARTICLE THIRTEEN, ARTICLE THIR-
TEEN-A, ARTICLE THIRTEEN-B, ARTICLE THIRTEEN-C AND ARTICLE THIRTEEN-D OF
THIS CHAPTER OR ANY NEW YORK STATE PRODUCED OR LANDED  AQUATIC  PRODUCT,
SUBJECT TO AND IN ACCORDANCE WITH RULES AND REGULATIONS TO BE PROMULGAT-
ED BY THE COMMISSIONER; OR
  (II)  ANY  NEW  YORK STATE PROCESSED FOOD PRODUCT, MANUFACTURED WITHIN
THIS STATE IN ACCORDANCE WITH  OFFICIAL  STANDARDS  ESTABLISHED  BY  THE
COMMISSIONER  PURSUANT  TO REGULATION, WHICH ARE ESSENTIALLY COMPOSED OF
NEW YORK STATE GROWN FARM PRODUCTS, PROVIDED, HOWEVER, THAT WHENEVER THE
COMMISSIONER DETERMINES, AFTER PUBLIC HEARING, THAT THE USE OF  INGREDI-
ENTS  NOT  GROWN OR PRODUCED IN THIS STATE IS NECESSARY OR BENEFICIAL IN
MANUFACTURING A PARTICULAR PRODUCT BECAUSE SUCH INGREDIENTS  ARE  EITHER
NOT  GROWN  IN  NEW  YORK  OR UNAVAILABLE IN SUFFICIENT QUANTITY OR AT A
REASONABLE PRICE TO ALLOW THE PRODUCT TO BE COMPOSED OF  ONLY  NEW  YORK
STATE  GROWN  FARM PRODUCTS, THE STANDARD FOR SUCH PRODUCT MAY AUTHORIZE
THE INCLUSION OF INGREDIENTS NOT PRODUCED IN THIS STATE, EXCEPT THAT  IN
NO  EVENT  SHALL AN OFFICIAL BRAND OR MARK BE APPROVED FOR USE ON A FOOD
PRODUCT UNLESS AT LEAST FIFTY-ONE PERCENT OF ITS CONTENT IS DERIVED FROM
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

              

A. 9877                             2

  (B) "RESTAURANT" MEANS A PLACE WHICH IS  REGULARLY  OPERATED  FOR  THE
SERVING  OF  MEALS,  FOR  CONSUMPTION  ON  PREMISES OR OFF PREMISES, FOR
COMPENSATION.
  2. THE COMMISSIONER SHALL DESIGN, DETERMINE AND ADOPT AN OFFICIAL LOGO
FOR  DINE: PRIDE OF NEW YORK RESTAURANTS WHICH MAY BE DISPLAYED UPON THE
PREMISES OF RESTAURANTS DESIGNATED PURSUANT TO THIS SECTION.  SUCH LOGO,
WHEN ADOPTED BY THE COMMISSIONER, MAY BE REGISTERED AS  A  TRADEMARK  IN
THE  OFFICE OF THE SECRETARY OF STATE PURSUANT TO ARTICLE TWENTY-FOUR OF
THE GENERAL BUSINESS LAW OR ANY OTHER PROVISION OF LAW RELATING  TO  THE
REGISTRATION  OF  TRADEMARKS.  SUCH TRADEMARK SHALL BE REGISTERED BY THE
SECRETARY OF STATE WITHOUT EXTRACTION OF ANY FEE THEREFOR.  THE  COMMIS-
SIONER MAY, IN HIS OR HER DISCRETION, REGISTER SUCH MARK WITH THE UNITED
STATES GOVERNMENT AND ANY OTHER STATE OR FOREIGN COUNTRY.
  3.  THE  OPERATOR OF ANY RESTAURANT, WHO OPERATES AT LEAST ONE RESTAU-
RANT IN THIS STATE, MAY APPLY TO THE COMMISSIONER TO HAVE  A  RESTAURANT
DESIGNATED  AS  A  DINE:  PRIDE  OF  NEW  YORK, IF NOT LESS THAN FIFTEEN
PERCENT OF THE INGREDIENTS USED AND SERVED AT SUCH  RESTAURANT  ARE  NEW
YORK  PRODUCTS. EVERY APPLICANT FOR DESIGNATION PURSUANT TO THIS SECTION
SHALL INCLUDE IN HIS OR HER APPLICATION A LIST OF NEW YORK PRODUCTS USED
AND SERVED ANNUALLY, THE NAMES OF THE NEW YORK  PRODUCT  PRODUCERS  FROM
WHOM SUCH PRODUCTS WERE PURCHASED, AND A ONE SENTENCE DESCRIPTION OF THE
FOOD  AND  MEALS  OFFERED  BY THE APPLICANT. THE COMMISSIONER MAY, BASED
UPON THE PRODUCERS NAMED IN EACH APPLICATION, VERIFY THAT  THE  PRODUCTS
AND/OR  INGREDIENTS  USED  AND  SERVED  BY  THE  APPLICANT  ARE NEW YORK
PRODUCTS. IF THE COMMISSIONER  FINDS  THAT  THE  APPLICANT'S  RESTAURANT
COMPLIES  WITH  THE STANDARDS ESTABLISHED IN THIS SUBDIVISION, HE OR SHE
SHALL DESIGNATE THE APPLICANT'S RESTAURANT AS A DINE: PRIDE OF NEW  YORK
RESTAURANT.    APPLICANTS  RECEIVING SUCH DESIGNATION WITHIN ONE YEAR OF
THE EFFECTIVE DATE OF THIS SECTION SHALL BE PROVIDED WITH OFFICIAL DINE:
PRIDE OF NEW YORK ADVERTISING AND PROMOTIONAL MATERIALS FREE OF  CHARGE.
THEREAFTER,  THE COMMISSIONER SHALL PROVIDE SUCH MATERIALS, AS HE OR SHE
DEEMS NECESSARY, TO FULFILL THE GOALS AND PURPOSES OF THE DINE: PRIDE OF
NEW YORK PROGRAM.
  4. THE  DEPARTMENT  SHALL  ESTABLISH,  ON  ITS  DEPARTMENTAL  INTERNET
WEBSITE,  A LINK DEDICATED TO THE DINE: PRIDE OF NEW YORK PROGRAM.  SUCH
LINK SHALL INCLUDE THE NAME, LOCATION AND HOURS  OF  OPERATION  OF  EACH
DINE:  PRIDE OF NEW YORK DESIGNATED RESTAURANT AND THE BRIEF DESCRIPTION
OF THE FOODS AND MEALS OFFERED BY EACH SUCH RESTAURANT THAT WAS PROVIDED
IN  THE  RESTAURANT'S  APPLICATION  FOR  DESIGNATION  PURSUANT  TO  THIS
SECTION.    FURTHERMORE, THE DEPARTMENT, IN COOPERATION WITH THE DEPART-
MENT OF ECONOMIC DEVELOPMENT AND THE REGIONAL OFFICES  OF  SUCH  DEPART-
MENT,  SHALL  ENGAGE  IN THE PROMOTION OF DINE: PRIDE OF NEW YORK DESIG-
NATED RESTAURANTS.
  5. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  HE
OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided, that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be promulgated on or before such date.