2006 New York Code - 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 are in
  close proximity to each other, and that sell in a cooperative  manner  a
  complementary variety of unusual, unique, 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, 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 ten farm trails, seven apple trails, and
  five cuisine trails. Criteria for developing and approving  such  trails
  shall include:
    (i) that the length of such trail is no longer than twenty-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 or
  significantly overlap 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  direct  marketing advisory council for statewide activities,
  the direct marketing advisory councils for regional marketing areas, the
  Hudson valley agricultural advisory  council,  associations  of  farmers
  established  pursuant to section two hundred ninety of this chapter, 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.
    (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, 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. 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.