N.Y. Agriculture & Markets Law § 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 twenty-five 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.