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

                                  2702

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  MAGEE, BARRETT, ROBERTS, SKARTADOS, RUSSELL,
  BRINDISI, LUPARDO -- read once and referred to the Committee on  Agri-
  culture

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04820-01-3
              

A. 2702                             2

PRODUCT UNLESS AT LEAST FIFTY-ONE PERCENT OF ITS CONTENT IS DERIVED FROM
NEW YORK STATE GROWN FARM PRODUCTS.
  (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.