§ 284-a. Establishment of farm trails, apple trails and cuisine\ntrails. 1. Marketing activities and designation of trails. The\ndepartment shall conduct statewide and regional marketing activities\nwhich shall include, but not be limited to, the designation of farm\ntrails, apple trails, and cuisine trails.\n 2. Definitions. For the purposes of this section:\n (a) "farm trail" shall mean an association of producers that are in\nclose proximity to each other, that sell in a cooperative manner a\ncomplementary variety of farm and food products, and that utilize a map,\nother directional devices, or highway signs to market products and\ndirect patrons to their respective farms.\n (b) "apple trail" shall mean an association of producers that are in\nclose proximity to each other, that sell in a cooperative manner a wide\nvariety of fresh apples or other fresh fruits or processed apple or\nother fruit products, and that utilize a map, other directional devices,\nor highway signs to market their products and direct patrons to their\nrespective farms.\n (c) "cuisine trail" shall mean an association of producers, that may\ninclude a combination of producers, food or agricultural product\nprocessors and retailers including, but not limited to, restaurants,\nthat are in close proximity to each other, and that sell in a\ncooperative manner a complementary variety of unusual, unique, gourmet\nor hard to find fresh farm and food products and foods prepared\nprimarily with such products for on or off premises consumption,\nincluding but not limited to, herbs, meats, vegetables, salad materials,\nwines or other alcoholic beverages and/or non-alcoholic beverages, cut\nflowers, mushrooms, or fruits. Such trails may utilize a map, other\ndirectional devices, or highway signs to market their products and\ndirect patrons to their places of business.\n 3. Designation of trails. (a) The department shall designate farm,\napple, and cuisine trails to promote greater agricultural marketing and\npromotional opportunities for agricultural producers located in the\nareas of such trails.\n (b) Designations shall take into consideration geographic proximity\nand alignment, thematic consistency, geographic or historical\nconsistency, density, economic feasibility, and the cooperation of\nagricultural producers on the trails to be designated. The department\nshall designate no more than fifteen farm trails, fifteen apple trails,\nand twenty-five cuisine trails. Criteria for developing and approving\nsuch trails shall include:\n (i) that the length of such trail, excluding laterals, is no longer\nthan seventy-five miles,\n (ii) containing a sufficient number of producers to cost-effectively\nattract patrons to such trail association's participating members,\n (iii) incorporating considerations that maximize patronage of such\ntrail,\n (iv) ensuring that proposed trail routes do not conflict with existing\nscenic byways designated pursuant to section three hundred forty-nine-dd\nof the highway law or wine trails designated pursuant to section three\nhundred forty-three-k of the highway law,\n (v) ensuring that trail designations are neither redundant nor cover\nthemes or subjects or have names that have already been used by trails\ndesignated by the New York state scenic byways program or designated as\na wine trail pursuant to section three hundred forty-three-k of the\nhighway law,\n (vi) ensuring that the trail route is designed and laid out so that it\nis relatively simple and easy to follow for patrons and contains few\nbranches or laterals that dead end at one association member's business,\nand\n (vii) upon consulting with the commissioner of transportation, trail\ndesignations that may support, augment, or reinforce the themes or\nsubjects already covered by the existing scenic byways system or wine\ntrails designated pursuant to the highway law.\n (c) In making designations, the department shall consult with:\n (i) the New York State
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