(a) New York State Grown and Certified is a voluntary program open to:

1. (1) producers of farm products;
2. (2) processors and/or manufacturers of food products manufactured in New York, including wine, spirits, beer and cider, using farm products of New York State Grown and Certified Program producers at levels to be established by the commissioner which in no event shall fall below a preponderance of the product’s ingredients;
3. (3) producers of forest products and equine stock born and bred in New York;
4. (4) processors and/or manufacturers of forest products that are processed and manufactured in New York and use forest products from New York State certified producers at levels established by the commissioner which in no event shall fall below a preponderance of the product or the component parts of the product; and/or
5. (5) processors and/or manufacturers of such other non-food products determined by the commissioner to qualify for the New York State Certified Program, which product is processed or manufactured in New York and uses product from New York State certified producers at levels established by the commissioner which in no event shall fall below a preponderance of the product or the component parts of the product.

(b) Qualifications for the New York State Grown and Certified Program producers, processors and manufactures shall be established by the commissioner and at a minimum require:

1. (1) for food products:

   1. (i) certification for safe food handling practices, evidenced by:

      1. (a) GAP certification, GHP certification, or a GAP or GHP certified equivalent;
      2. (b) participation in a Safe Quality Food Institute auditing program (SQF), or in an annual safe food handling training program deemed acceptable by the commissioner, or in a modified annual food safety inspection for good manufacturing practices (GMPs) conducted by the department’s Division of Food Safety & Inspection; and/or
      3. (c) such other good food handling practices program deemed acceptable by the commissioner for the particular product category; and/or
   2. (ii) operation in an environmentally responsible manner;
2. (2) for non-food products: operation in an environmentally responsible manner.