§ 284-A — Establishment of farm trails, apple trails and cuisine trails

§ 284-a. Establishment of farm trails, apple trails and cuisine\ntrails. 1. Marketing activities and designation of trails. The\ndepartment shall conduct statewide and regional marketing activities\nwhich shall include, but not be limited to, the designation of farm\ntrails, apple trails, and cuisine trails.\n 2. Definitions. For the purposes of this section:\n (a) "farm trail" shall mean an association of producers that are in\nclose proximity to each other, that sell in a cooperative manner a\ncomplementary variety of farm and food products, and that utilize a map,\nother directional devices, or highway signs to market products and\ndirect patrons to their respective farms.\n (b) "apple trail" shall mean an association of producers that are in\nclose proximity to each other, that sell in a cooperative manner a wide\nvariety of fresh apples or other fresh fruits or processed apple or\nother fruit products, and that utilize a map, other directional devices,\nor highway signs to market their products and direct patrons to their\nrespective farms.\n (c) "cuisine trail" shall mean an association of producers, that may\ninclude a combination of producers, food or agricultural product\nprocessors and retailers including, but not limited to, restaurants,\nthat are in close proximity to each other, and that sell in a\ncooperative manner a complementary variety of unusual, unique, gourmet\nor hard to find fresh farm and food products and foods prepared\nprimarily with such products for on or off premises consumption,\nincluding but not limited to, herbs, meats, vegetables, salad materials,\nwines or other alcoholic beverages and/or non-alcoholic beverages, cut\nflowers, mushrooms, or fruits. Such trails may utilize a map, other\ndirectional devices, or highway signs to market their products and\ndirect patrons to their places of business.\n 3. Designation of trails. (a) The department shall designate farm,\napple, and cuisine trails to promote greater agricultural marketing and\npromotional opportunities for agricultural producers located in the\nareas of such trails.\n (b) Designations shall take into consideration geographic proximity\nand alignment, thematic consistency, geographic or historical\nconsistency, density, economic feasibility, and the cooperation of\nagricultural producers on the trails to be designated. The department\nshall designate no more than fifteen farm trails, fifteen apple trails,\nand twenty-five cuisine trails. Criteria for developing and approving\nsuch trails shall include:\n (i) that the length of such trail, excluding laterals, is no longer\nthan seventy-five miles,\n (ii) containing a sufficient number of producers to cost-effectively\nattract patrons to such trail association's participating members,\n (iii) incorporating considerations that maximize patronage of such\ntrail,\n (iv) ensuring that proposed trail routes do not conflict with existing\nscenic byways designated pursuant to section three hundred forty-nine-dd\nof the highway law or wine trails designated pursuant to section three\nhundred forty-three-k of the highway law,\n (v) ensuring that trail designations are neither redundant nor cover\nthemes or subjects or have names that have already been used by trails\ndesignated by the New York state scenic byways program or designated as\na wine trail pursuant to section three hundred forty-three-k of the\nhighway law,\n (vi) ensuring that the trail route is designed and laid out so that it\nis relatively simple and easy to follow for patrons and contains few\nbranches or laterals that dead end at one association member's business,\nand\n (vii) upon consulting with the commissioner of transportation, trail\ndesignations that may support, augment, or reinforce the themes or\nsubjects already covered by the existing scenic byways system or wine\ntrails designated pursuant to the highway law.\n (c) In making designations, the department shall consult with:\n (i) the New York State Farmers Direct Marketing Association, the\nadvisory council on agriculture, and the New York State scenic byways\nadvisory board; and\n (ii) the commissioner of transportation. The commissioner of\ntransportation shall cooperate with the department in carrying out the\nprovisions of this section. The commissioner of transportation, upon\nreceipt of a one time five hundred dollar application fee, is authorized\nto permit the installation and maintenance of signs on the state highway\nsystem for trails designated pursuant to this section. Such funds\nreceived by the commissioner of transportation pursuant to this\nsubdivision shall be deposited pursuant to section eighty-nine-b of the\nstate finance law. However, to avoid confusion and to limit any possible\ndisruption of commerce, the trail designations called for pursuant to\nthis section shall be of a ceremonial nature and the official names of\nsuch highway shall not be changed as a result of such designations.\nSignage for trails designated pursuant to this section may include "farm\ntrail", "apple trail", "cuisine trail" or any other descriptive\nlanguage, approved by the department, in consultation with the\ndepartment of transportation, used to promote the marketing of such\ntrail products.\n (d) Once approved, trail route designations may not be altered for a\nminimum period of time of eighteen months; provided, however, that\nadditional participating members may be incorporated into already\nexisting designated trail routes. The department may review the\ndesignation of any trail established pursuant to this section and review\nsuch trail's effectiveness in attracting patrons or tourists, increasing\npatronage of association member businesses, and expanding the marketing\ncapabilities of all trail members. The department, upon periodically\nreviewing designated trails, may make suggestions to alter the route,\nadopt revisions to the business management practices of such trail\nassociation, or remove the designation of any such trail authorized by\nthis section.\n 4. Application for designation. (a) Any association of producers as\ndescribed in this section, upon payment of an application fee of two\nhundred fifty dollars and completion of an application form, may obtain\nfrom the department designation as a farm, apple, or cuisine trail, or\nany other descriptive language approved by the department, in\nconsultation with the department of transportation, used to promote the\nmarketing of such trail products. Such funds received by the department\npursuant to this subdivision shall be deposited in the general fund. All\napplicants must satisfy the designation criteria stated in subdivision\nthree of this section.\n (b) The department, in approving any trail application and\ninstallation of highway signage, if such signage is requested by the\napplicant, shall consult with and satisfy all reasonable motor vehicle\nsafety concerns specified by the commissioner of transportation to\nensure that the trail designation, its route, or proposed signage does\nnot impede vehicular traffic or diminish motorists' safety on the state\nhighway system. The design of all highway signs must conform with all\nuniform traffic control device regulations and must be approved by the\ncommissioner of transportation.\n 5. Application for federal monies. The department may apply for and\naccept federal monies that may be available to support such a program or\nfunds from any other source to support this program. Upon approval of\nthe commissioner of transportation, trails designated pursuant to this\nsection may be eligible for and accept any federal highway aid or funds\nthat may be available to support such program.\n