NYW - 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.