Section 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,  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, ten apple trails, and ten
  cuisine trails.  Criteria for developing and approving such trails shall
  include:
    (i) that the length of such trail, excluding laterals,  is  no  longer
  than fifty 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 other descriptive language  to
  promote the marketing of the trails 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. 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.