2006 New York Code - N. Y. wine/grape 80.85

N. Y. wine/grape 80.85

 
                       Chapter 80 of the laws of 1985
                         New York state wine/grapes
    Section  1.  Legislative  findings and purposes. The legislature finds
  that the wine/grape industry  is  a  significant  part  of  the  state's
  agricultural  industry  and  that  the  continued  production  of  wine,
  unfermented juice and table grapes is of significant importance  to  the
  economy of the state.
    The legislature further finds that in recent years economic conditions
  have  had an adverse effect on the wine/grape industry, especially grape
  growers,  resulting  predominately  from  an  international  surplus  of
  grapes.  Such  economic  disadvantages  have included various incentives
  made available by their counties to European wine producers, tariff  and
  non-tariff  barriers to United States wines entering other countries and
  most recently, a strong United States dollar  which  has  increased  the
  price  of  all  domestic  wines  in relation to foreign wines. All these
  conditions have resulted in  a  decline  in  New  York's  share  of  the
  national and international wine market.
    The legislature further finds and recognizes that an important step in
  strengthening  the  agricultural  and  economic  potential of New York's
  wine/grape industry is to  encourage  the  long  term  operation  of  an
  organization,  representative  of  all sectors of the grape industry for
  the purpose of conducting an extensive and coordinated  promotional  and
  applied  research  program  intended to stimulate and centralize the New
  York wine/grape industry.
    For these purposes, there shall be created  a  non-profit  corporation
  known  as  the "New York wine/grape foundation", which may independently
  initiate promotional and research projects to fulfill  essential  public
  purposes  which  are necessary for the health, safety and welfare of the
  people of this state.
    § 2. New York wine/grape foundation. 1.  There  is  hereby  created  a
  non-profit  corporation which shall be known as the "New York wine/grape
  foundation". Such foundation shall be  governed  by  the  not-for-profit
  corporation  law except where such law conflicts with this act, in which
  case the provisions of this act shall govern.
    2. The  foundation  is  created  to  fulfill  the  public  purpose  of
  providing for an effective and continuous program of research, promotion
  and  education  to  strengthen  the  New  York wine and grape industry's
  position in the marketplace including the maintenance and  expansion  of
  domestic  and  foreign  markets  and uses for grapes grown and processed
  within the state.
    § 3. Purposes and powers. 1. The foundation is authorized and directed
  to plan and provide for the implementation of programs to:
    (a) Engage in  research  into  market  development,  new  or  improved
  methods  of  production,  packaging, and processing of wine, grapes, and
  grape  products;  production  of  by-products  of  grape   manufacturing
  processes  and  any other marketable products; improved methods of grape
  breeding, virus resistance and control of pests  and  disease;  vineyard
  conversion;  mechanization of brandy production; and overall improvement
  in the production and quality of wines, grapes and grape products,
    (b) Reduce agricultural unemployment  and  increase  state  and  local
  revenues  by  developing methods and techniques to enhance the image and
  quality of New York wine and grape products so  as  to  expand  existing
  markets and develop new markets therefor,
    (c) Advertise and promote the sale of wine and other grape products in
  areas that will reach the greatest number of potential consumers,
    (d)  Publish  and  distribute  to  producers,  retailers and consumers
  information relating to the grape, wine and grape products industries,


    (e) Facilitate educational and promotional activities to  enhance  the
  image  of  New  York  wines  and  grape  products  through coordination,
  promotional and educational activities with other organizations,
    (f)  Carry  out  in  any  other way the declared policy of this act to
  promote wine and other grape products and the  grape  industry  of  this
  state.
    2.  The  foundation  shall  have power: (a) to sue and be sued; (b) to
  have a seal and alter the same at pleasure; (c)  to  acquire,  hold  and
  dispose  of  personal  property for its corporate purposes; (d) to enter
  into contracts with the state, political subdivisions or any  agency  or
  instrumentality  thereof,  or  any  person,  firm or corporation; (e) to
  accept gifts, funds, property or services from public or private sources
  in furtherance of its corporate purposes; (f) to adopt, amend and repeal
  by-laws for the management and regulation of its affairs; and (g) to  do
  any  and  all  other  things  necessary  or  convenient to carry out its
  purposes and effectively implement the provisions of this act.
    § 3-a. The New York wine marketing program is hereby created. The  New
  York    wine/grape    foundation   is   authorized,   within   available
  appropriations and/or other sources, to establish and  operate  the  New
  York  wine  marketing program. The New York wine marketing program shall
  market New York state labeled wine both within and outside of  New  York
  state  with  the goal of promoting New York state wines. Notwithstanding
  any provision of law to the contrary, no commitment from such foundation
  shall be required in the case of  a  contract  for  the  New  York  wine
  marketing program.
    §  4.  Report.  The  foundation  shall  submit to the governor and the
  legislature within ninety days after the end  of  its  fiscal  year,  an
  annual  report  setting forth its operations and accomplishments, assets
  and liabilities, receipts and expenditures during such  fiscal  year  as
  set  forth  according  to generally accepted accounting practices, and a
  list of its consultants and outside  contracts  with  the  purposes  and
  amounts  thereof set forth. The report shall also include information on
  the amount of money designated for applied research  and  the  types  of
  research conducted; and the amount of money designated for promotion and
  the  geographic distribution of promotion funds and the effectiveness of
  this program.
    § 5. Board of directors of the foundation. 1. The foundation shall  be
  managed  by,  and  its  powers,  functions and duties shall be exercised
  through a board of directors.
    2. The initial board of directors shall consist of eleven  members  of
  whom  three  shall  be appointed by the governor, three by the temporary
  president of the senate and three by the speaker of the assembly, one by
  the minority leader of the senate and one by the minority leader of  the
  assembly.  In  making the appointments, consideration should be given to
  ensure that the four wine/grape regions of the state are  geographically
  represented.  Of the eleven appointed members, one shall be a person who
  receives the major portion of his or her income from the growing of wine
  grapes, one shall be an officer or owner of  a  commercial  winery,  one
  shall  be  a  person who receives the major portion of his or her income
  from the operation of a farm/estate winery, one shall be  a  person  who
  receives a major portion of his or her income from growing table grapes,
  one  shall  be  a  person engaged in the manufacturing of grape products
  other than wine, one shall be a person engaged in  the  retail  sale  of
  wine  for off premises consumption, one shall be a person engaged in the
  wholesale sale of wine, one shall be an owner or operator of a  licensed
  establishment  engaged  in the sale of wine on premises, two shall be on
  the staff of an educational institution which is engaged in the study of
  viticulture, entomology and enology and one shall be a  person  familiar


  with  the  advertising,  promotion and marketing of commercial products.
  The directors so appointed shall serve for a term of three years, except
  that, of the directors so appointed by the governor one shall serve  for
  a  term  of two years and one shall serve for a term of one year; of the
  three directors so appointed by the temporary president  of  the  senate
  one  shall  serve for a term of two years and one shall serve for a term
  of one year; and of the three directors so appointed by the  speaker  of
  the assembly one shall serve for a term of two years and one shall serve
  for a term of one year.
    3. The commissioner of agriculture and markets and the commissioner of
  commerce  shall  be  ex-officio  members of the board for that period of
  time during which state moneys are available to the foundation.
    4. If any vacancy other than by expiration of term occurs on the board
  amongst  those  first  appointed  such  vacancy  shall  be   filled   by
  appointment for the unexpired term by the appointing authority initially
  appointing such member. Upon expiration of the initial terms, successors
  shall  be elected by the remaining members of the board for a three year
  term; such directors shall  have  the  qualifications  required  of  the
  original   directors.   Members  shall  continue  as  such  until  their
  successors have been duly elected.
    5. The board of directors shall elect one of its members  as  chairman
  and  one  of its members as vice chairman of such board, and may appoint
  such officers and employees as it deems advisable.
    6. Members of the board of directors shall serve without compensation,
  but shall be reimbursed for actual expenses reasonably incurred  in  the
  performance of their duties.
    7.  The  board  shall  meet  four  times  annually  at the call of the
  chairman or in his absence the vice chairman or on petition of any three
  members.  A majority of the members of the board then  in  office  shall
  constitute  a  quorum  for the transaction of any business. The board is
  encouraged to conduct its meetings in a manner  which  will  ensure  the
  active  participation of any person having an interest in the wine/grape
  industry.
    § 6. Cooperation and coordination. 1. The foundation  shall  establish
  and  maintain  working relationships with organizations and institutions
  in the state directly involved in the production, processing  and  sales
  of  wine,  grapes,  and  grape  products  and in related educational and
  research activities.  Such  contact  should  also  include  governmental
  agencies   which   may   have   promotional   or   economic  development
  responsibilities or have jurisdiction over facilities at which  wine  or
  grape products may be used or sold.
    2.   The  foundation  shall  annually  request  from  the  groups  and
  organizations with which its directors have affiliations and from  other
  appropriate  organizations  and  interests  such as noted in subdivision
  one, reports detailing their present and planned activities in the  area
  of  promotion  and  research  for  wine  and  other  grape products. The
  foundation shall review such activities and take them  into  account  in
  development of its own plans and programs.
    3.  The  foundation  should  annually make available to all interested
  parties a description of its programs and plans and the  ways  in  which
  the activities of others will be supplemented.
    §  7.  Limitation  of liability. Neither the directors nor any member,
  officer or employee of the corporation, while acting within the scope of
  his or her  authority,  shall  be  subject  to  any  personal  liability
  resulting from the activities of the corporation.
    §  8. Inconsistent provisions of other laws superseded. Insofar as the
  provisions of this act are inconsistent with the provisions of any other


  law, general, special or local, the provisions  of  this  act  shall  be
  controlling.
    § 9. Short title. Sections one through nine of this act shall be known
  and may be cited as the New York wine/grape foundation act.
    §  10.  1.  The  department  of agriculture and markets, within moneys
  appropriated therefor, shall enter into a contract or contracts with the
  New York wine/grape foundation created by section two of this act for:
    (a) a research study or  studies  into  new  or  improved  methods  of
  production,  packaging,  and  processing  of  wine,  grapes,  and  grape
  products; production of by-products of grape manufacturing processes and
  any other marketable products; improved methods of grape breeding, virus
  resistance and  control  of  pests  and  disease;  vineyard  conversion;
  mechanization  of  brandy  production;  and  overall  improvement in the
  production and quality of wines, grapes and grape products;
    (b)  a  demonstration  project  or  projects  to  reduce  agricultural
  unemployment and increase state and local revenues by developing methods
  and  techniques  to  enhance  the image and quality of New York wine and
  grape products so as to expand existing markets and develop new  markets
  therefor;
    (c)  advertising  and  promotion  of  the sale of wine and other grape
  products in areas that will  reach  the  greatest  number  of  potential
  consumers;
    (d) publication and distribution to producers, retailers and consumers
  information relating to the grape, wine and grape products industries;
    (e)  the  facilitating  of  educational  and promotional activities to
  enhance  the  image  of  New  York  wines  and  grape  products  through
  coordination,   promotional   and   educational  activities  with  other
  organizations; and
    (f) the carrying out in any other way the declared policy of this  act
  to  promote wine and other grape products and the grape industry of this
  state.
    Not less than twenty-five percent and not more than forty  percent  of
  the  sum  total  of moneys made available to the foundation through such
  contract or contracts shall be applied for purposes of paragraph (a)  of
  this  subdivision,  and  not  more than two and one-half percent of such
  moneys  shall  be  applied  for  purposes  of  administration   of   the
  foundation.
    2.  Any  such  contract  shall provide that the cost of the work to be
  performed thereunder during the state fiscal year  commencing  April  1,
  1987  shall  be  at least one hundred eleven percent of the amount to be
  paid by the state to such foundation. Any such  contract  shall  provide
  that  the  cost  of the work to be performed thereunder during the state
  fiscal year commencing April 1, 1988  shall  be  at  least  one  hundred
  thirty-three  percent  of  the  amount  to  be paid by the state to such
  foundation. Any such contract shall provide that the cost of the work to
  be performed thereunder during the state fiscal year commencing April 1,
  1989 shall be at least two hundred percent of the  amount  paid  by  the
  state  to such foundation. Any such contract shall provide that the work
  to be performed thereunder during the state fiscal year commencing April
  1, 1990 shall be at least four hundred percent of the amount paid by the
  state to such foundation. No such contract shall be entered into between
  the foundation and the department of agriculture and markets unless  and
  until  the  foundation  expressly  commits funds of the foundation in an
  amount sufficient, together with the amount to be paid by the state,  to
  pay  the  total  cost  of  the work to be performed under such contract;
  provided, however, that no such commitment shall be required in the case
  of a contract to be entered into prior to April 1, 1987.


    § 11. Separability. If any clause,  sentence,  paragraph,  section  or
  part   of  this  act  shall  be  adjudged  by  any  court  of  competent
  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
  invalidate the remainder thereof, but shall be confined in its operation
  to  the  clause,  sentence,  paragraph, section or part thereof directly
  involved in the controversy in  which  such  judgment  shall  have  been
  rendered.