NY Agric & Mkts L § 284-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 23 - Direct Marketing 284-A - Establishment of Farm Trails, Apple Trails and Cuisine Trails.

§  284-a.  Establishment  of  farm  trails,  apple  trails and cuisine trails.    1.  Marketing  activities  and  designation  of  trails.  The department  shall  conduct  statewide  and regional marketing activities which shall include, but not be limited  to,  the  designation  of  farm trails, apple trails, and cuisine trails.   2. Definitions. For the purposes of this section:  (a)  "farm  trail"  shall mean an association of producers that are in close proximity to each other, that  sell  in  a  cooperative  manner  a complementary variety of farm and food products, and that utilize a map, other  directional  devices,  or  highway  signs  to market products and direct patrons to their respective farms.  (b) "apple trail" shall mean an association of producers that  are  in close  proximity to each other, that sell in a cooperative manner a wide variety of fresh apples or other fresh  fruits  or  processed  apple  or other fruit products, and that utilize a map, other directional devices, or  highway  signs  to market their products and direct patrons to their respective farms.  (c) "cuisine trail" shall mean an association of producers,  that  may include  a  combination  of  producers,  food  or  agricultural  product processors and retailers including, but  not  limited  to,  restaurants, that  are  in  close  proximity  to  each  other,  and  that  sell  in a cooperative manner a complementary variety of unusual,  unique,  gourmet or  hard  to  find  fresh  farm  and  food  products  and foods prepared primarily with  such  products  for  on  or  off  premises  consumption, including but not limited to, herbs, meats, vegetables, salad materials, wines  or  other alcoholic beverages and/or non-alcoholic beverages, cut flowers, mushrooms, or fruits. Such trails  may  utilize  a  map,  other directional  devices,  or  highway  signs  to  market their products and direct patrons to their places of business.   3. Designation of trails. (a) The  department  shall  designate  farm, apple,  and cuisine trails to promote greater agricultural marketing and promotional opportunities for  agricultural  producers  located  in  the areas of such trails.  (b)  Designations  shall  take into consideration geographic proximity and  alignment,   thematic   consistency,   geographic   or   historical consistency,  density,  economic  feasibility,  and  the  cooperation of agricultural producers on the trails to be  designated.  The  department shall  designate no more than fifteen farm trails, fifteen apple trails, and fifteen cuisine trails. Criteria for developing and  approving  such trails shall include:  (i)  that  the  length of such trail, excluding laterals, is no longer than seventy-five miles,  (ii) containing a sufficient number of producers  to  cost-effectively attract patrons to such trail association's participating members,  (iii)  incorporating  considerations  that  maximize patronage of such trail,  (iv) ensuring that proposed trail routes do not conflict with existing scenic byways designated pursuant to section three hundred forty-nine-dd of the highway law or wine trails designated pursuant to  section  three hundred forty-three-k of the highway law,  (v)  ensuring  that trail designations are neither redundant nor cover themes or subjects or have names that have already been used  by  trails designated  by the New York state scenic byways program or designated as a wine trail pursuant to section  three  hundred  forty-three-k  of  the highway law,  (vi) ensuring that the trail route is designed and laid out so that it is  relatively  simple  and  easy to follow for patrons and contains few  branches or laterals that dead end at one association member's business, and  (vii)  upon  consulting with the commissioner of transportation, trail designations that may support,  augment,  or  reinforce  the  themes  or subjects  already  covered  by the existing scenic byways system or wine trails designated pursuant to the highway law.  (c) In making designations, the department shall consult with:  (i) the New York  State  Farmers  Direct  Marketing  Association,  the advisory  council  on  agriculture, and the New York State scenic byways advisory board; and  (ii)  the  commissioner  of  transportation.   The   commissioner   of transportation  shall  cooperate with the department in carrying out the provisions of this section. The  commissioner  of  transportation,  upon receipt of a one time five hundred dollar application fee, is authorized to permit the installation and maintenance of signs on the state highway system  for  trails  designated  pursuant  to  this  section. Such funds received  by  the  commissioner  of  transportation  pursuant  to   this subdivision  shall be deposited pursuant to section eighty-nine-b of the state finance law. However, to avoid confusion and to limit any possible disruption of commerce, the trail designations called  for  pursuant  to this  section  shall be of a ceremonial nature and the official names of such highway shall not be changed as  a  result  of  such  designations. Signage for trails designated pursuant to this section may include "farm trail",   "apple  trail",  "cuisine  trail"  or  any  other  descriptive language,  approved  by  the  department,  in  consultation   with   the department  of  transportation,  used  to  promote the marketing of such trail products.  (d) Once approved, trail route designations may not be altered  for  a minimum  period  of  time  of  eighteen  months; provided, however, that additional  participating  members  may  be  incorporated  into  already existing   designated  trail  routes.  The  department  may  review  the designation of any trail established pursuant to this section and review such trail's effectiveness in attracting patrons or tourists, increasing patronage of association member businesses, and expanding the  marketing capabilities  of  all  trail  members. The department, upon periodically reviewing designated trails, may make suggestions to  alter  the  route, adopt  revisions  to  the  business  management  practices of such trail association, or remove the designation of any such trail  authorized  by this section.   4.  Application  for  designation. (a) Any association of producers as described in this section, upon payment of an  application  fee  of  two hundred  fifty dollars and completion of an application form, may obtain from the department designation as a farm, apple, or cuisine  trail,  or any   other   descriptive   language  approved  by  the  department,  in consultation with the department of transportation, used to promote  the marketing  of such trail products. Such funds received by the department pursuant to this subdivision shall be deposited in the general fund. All applicants must satisfy the designation criteria stated  in  subdivision three of this section.  (b)   The   department,   in   approving  any  trail  application  and installation of highway signage, if such signage  is  requested  by  the applicant,  shall  consult with and satisfy all reasonable motor vehicle safety concerns specified  by  the  commissioner  of  transportation  to ensure  that  the trail designation, its route, or proposed signage does not impede vehicular traffic or diminish motorists' safety on the  state highway  system.  The  design of all highway signs must conform with all uniform traffic control device regulations and must be approved  by  the commissioner of transportation.    5.  Application  for  federal monies. The department may apply for and accept federal monies that may be available to support such a program or funds from any other source to support this program.  Upon  approval  of the  commissioner  of transportation, trails designated pursuant to this section  may be eligible for and accept any federal highway aid or funds that may be available to support such program.