BILL NUMBER:S2146

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to establishing the Dine: Pride of New York program for
restaurants using and serving New York state produced foods and food
products

PURPOSE:  The purpose of this bill is to promote restaurants and other
food service establishments that use a threshold amount of ingredients
grown and/or processed in New York State. This information will allow
consumers to better locate restaurants that use New York state
products, and encourage more businesses to locally source for
ingredients.

SUMMARY OF PROVISIONS:

Section 1: Amends the Agriculture and Markets Law by adding a new
section 156-j that defines New York product" as New York state grown
farm products packed within this state in accordance with official
standards established by this chapter, or any New York state produced
or landed aquatic product; or any state processed food product,
manufactured within the state in accordance with official standards
established by the Commissioner of Agriculture and Markets.
"Restaurant" is defined as a place which is regularly operated for the
serving of meals, for consumption on premises or off premises, for
compensation.
              

The Commissioner is authorized to design, determine and adopt an
official logo for Dine: Pride of New York restaurants which may be
displayed upon the business' premises. Restaurants are eligible for
Dine: Pride of New York membership if not less than fifteen percent of
the ingredients used and served at such restaurants are New York
products.

Each business will include in its application a list of New York
products used and served both annually and seasonally, 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.
Businesses which the Commissioner finds complies with the standards
established will be designated as a Dine: Pride of New York
restaurant. Businesses that apply within one year of the effective
date of this section shall receive advertising materials and official
Dine: Pride of New York materials free of charge. Thereafter, the
Commissioner may provide such materials, as he or she feels necessary,
to fulfill the goals and Purposes of the Dine: Pride of New York
program.

The Department of Agriculture and Markets shall establish on its
departmental website a link dedicated to the Dine: Pride of New York
program. This link shall include the name, location and hours of
operation of each Dine: Pride of New York designated restaurant, and
the single sentence description of the foods and meals offered by each
restaurant that was included in the application. The Department of
Agriculture and Markets shall work with the Department of Economic
Development to promote Dine: Pride of New York restaurants.


The Commissioner shall promulgate such rules and regulations as he or
she deems necessary to implement the provisions of this section.

Section Two. This act becomes effective on January 1st next succeeding
the date on which it shall become a law.

JUSTIFICATION:  Agriculture plays a vital role in New York's economy.
Including ancillary industries, such as food processing, farming's
annual economic impact on the state rises to $31.2 billion. An
important and increasing factor in this success has been the local
food movement.

While demand for local foods is continually increasing, a study by the
economic development firm Market Ventures found over $700 million in
unmet New York City demand. Additionally, polling has shown that while
New Yorkers favor buying local, they are more likely to do so if they
can conveniently locate such foods. Cornell University found that 40
percent of New Yorkers are interested in purchasing local foods only
if they don't have to go out of their way to do so.

The current Pride of New York program has been instrumental in
creating awareness about goods and products that are produced
in-state. While retailers and wholesalers are included in the program,
the food itself has always been the focus.

Not everyone interested in local foods can easily reach a farmers
market. Many consumers seek the ability to better identify what
businesses place an emphasis on locally sourcing. By creating the
sister campaign of Dine: Pride of New York, we can start promoting
those restaurants serving local goods, and fill in gaps in the current
Pride of New York.

This legislation will expand the current program to allow restaurants
serving food and food products produced in New York state access to
promotional materials, thus increasing their exposure to consumers.

Restaurants are eligible for membership if no less than 15 of the
ingredients used and served are New York products. Members will
receive Dine: Pride of New York advertising materials, and have their
business featured on a website dedicated to the program. This shall
include the name, location and hours of operations of each Dine:
Pride of New York designated restaurant, and a description of their
business. Additionally, designated businesses will be included in
advertisements as the Department of Agriculture and Markets sees fit.

To become a member, restaurants must submit an application to the
Department. This will include what New York foods and food products
they use, the names of producers from whom they purchase, and a one
sentence description of the food and meals offered.

This type of branding has been shown to positively affect consumer
behavior. Individuals are found to prefer, and pay a premium for,
products labeled as produced locally or in-state. Dine: Pride of New
York will shine a light on those restaurants locally sourcing, and
help drive consumers to their doors.


Dine: Pride of New York will encourage more restaurants to use local
Products, thus increasing the demand for state products.

LEGISLATIVE HISTORY: S.6965 of 2012

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE:  This act shall take effect on the first of January
next succeeding the date on which it shall have become a law, provided
that, effective immediately, any rules and regulations necessary to
implement provisions of this act on its effective date are authorized
and directed to be promulgated on or before such date.