Title AGM, Agriculture & Markets

§ 251-z-8. Power of commissioner to investigate. The commissioner and\nhis duly authorized representatives in the performance of his licensing\nand inspection duties under this article shall have access to and may\nenter at all reasonable hours all places where food or food prod…

§ 251-z-9. Rules and regulations. The commissioner is hereby\nauthorized, after public hearing, to adopt, amend, promulgate and issue\nrules and regulations, including, but not limited to regulations\nprescribing good manufacturing practices and requiring records relating\nto pr…

§ 252. Division of milk control. There shall be in the department a\ndivision to be known as the division of milk control. The head of the\ndivision shall be a director who shall be appointed by the commissioner\nand serve during his pleasure. The functions, powers and duties of…

§ 253. Definitions. As used in this article unless otherwise expressly\nstated, or unless the context or subject matter otherwise requires:\n 1. "Division" means the division of milk control created by this\narticle.\n 2. "Director" means the director of the division of milk con…

§ 254. General powers. The department through the commissioner is\nhereby vested with the powers heretofore conferred with respect to milk\ngathering stations, manufactories and plants, including the following:\n (a) To supervise and regulate the entire milk industry of New York…

§ 254-a. Milk marketing advisory council. 1. There shall be\nestablished a milk marketing advisory council to advise the commissioner\nin planning, programs and policy pertaining to milk marketing. The\ncouncil will be convened at the request of the commissioner not less\nthan t…

§ 255. Rules and orders. The commissioner may adopt and enforce all\nrules and all orders necessary to carry out the provisions of this\narticle. Every rule or order shall be filed in the office of the\ndepartment of state, except an order directed only to a person or\npersons n…

§ 256. Entry, inspection and investigation. Any employee designated\nfor the purpose shall have access to and may enter at all reasonable\nhours all places where milk is being stored, bottled or manufactured, or\nwhere milk or milk products are being bought, sold or handled, or …

§ 256-a. Audits of books and accounts of milk dealers and\ncooperatives. It shall be the duty of the commissioner to examine and\naudit from time to time, as the commissioner deems necessary and proper,\nthe books and accounts of milk dealers and cooperatives licensed or\nsubjec…

§ 256-b. Accounting of milk dealers and cooperatives to producers. 1.\nFor purposes of this section, any corporation or association of persons\nengaged in the production of agricultural products and operating for the\nmutual benefit of its members in conformity with the requirem…

§ 257. Licenses to milk dealers. 1. No milk dealer shall buy milk from\nproducers or others or deal in, handle, sell or distribute milk unless\nsuch dealer be duly licensed as provided in this article. It shall be\nunlawful for a milk dealer to buy milk from or sell milk to a mi…

§ 257-a. Transportation and storage of milk. 1. Any vehicle\ntransporting pasteurized milk for retail sale in the same container\nshall be transported in a vehicle capable of maintaining milk at a\ntemperature of at least forty-five degrees fahrenheit or cooler.\n 2. It shall be…

§ 258. Application for license. An applicant for a license to operate\nas a milk dealer shall file an application upon a blank prepared under\nauthority of the commissioner. An applicant shall state such facts\nconcerning his circumstances and the nature of the business to be\nc…

§ 258-a. License fees. 1. A milk dealer receiving, purchasing,\nhandling or selling during any of the twelve calendar months immediately\npreceding the period for which the license is issued a daily average\ntotal quantity of milk not exceeding four thousand pounds shall pay a\n…

§ 258-aa. Dairy promotion act. 1. Declaration of policy. It is hereby\ndeclared that the dairy industry is a paramount agricultural industry of\nthis state, and is an industry affecting the health and welfare of the\ninhabitants of the state; that the continued existence of the …

§ 258-b. Prompt payment for milk purchases; security funds; bonding of\nmilk dealers. 1. Scope of coverage. (a) For purposes of this section, a\ncooperative corporation or association of producers shall be deemed to\nbe a producer and not a dealer with respect to the milk of its…

§ 258-bb. Definitions. As used in this article unless otherwise\nexpressly stated, or unless the context or subject matter otherwise\nrequires:\n 1. "Commissioner" means the commissioner of agriculture and markets.\n 2. "Person" means any person, firm, corporation, co-partnershi…

§ 258-c. Granting and revoking licenses. No license shall be denied to\na person not now engaged in business as a milk dealer, or for the\ncontinuation of a now existing business, and no license shall be denied\nto authorize the extension of an existing business by the operation…

§ 258-cc. Prohibitions. 1. It shall be unlawful for any person to sell\nor distribute in the state of New York, other than exclusively at\nretail, any dry milk powder originating from any area outside the\ncontinental United States including Alaska and Hawaii without first\nhavi…

§ 258-d. Proceedings to review. The action of the commissioner in\nrefusing to grant or renew a license, or in revoking or suspending a\nlicense, or in conditioning or limiting the granting or renewal of a\nlicense, may be reviewed in the manner provided by article seventy-eight…

§ 258-dd. Registration. Any person who sells, offers or exposes for\nsale, or has or possesses for sale other than exclusively at retail, any\ndry milk powder originating from any area outside the continental United\nStates including Alaska and Hawaii, shall, not later than the …

§ 258-e. Violations; remedies. 1. The commissioner may institute such\naction at law or in equity as may appear necessary to enforce compliance\nwith any provision of the statutes, rules and orders committed to his\nadministration, and in addition to any other remedy under artic…

§ 258-ee. Records. The commissioner may require persons who sell or\ndistribute, other than exclusively at retail, dry milk powder\noriginating from any area outside the continental United States\nincluding Alaska and Hawaii to keep the following records:\n 1. A record of all dr…

§ 258-f. Records. The commissioner may require milk dealers to keep\nthe following records:\n (a) A record of all milk received, detailed as to location, and as to\nnames and addresses of suppliers, with butterfat test, pounds of\nprotein, butterfat, other solids and solids not …

§ 258-ff. Reports. Each person who sells or distributes, other than\nexclusively at retail, dry milk powder originating from any area outside\nthe continental United States including Alaska and Hawaii shall, from\ntime to time, as required by rule or order of the commissioner, m…

§ 258-g. Reports. Each milk dealer shall, from time to time, as\nrequired by rule or order of the commissioner, make and file a verified\nreport on forms prescribed by the commissioner of all matters on account\nof which a record is required to be kept, together with such other\…

§ 258-gg. Rules and regulations. The commissioner shall be authorized,\nafter inquiry and public hearing, to promulgate and adopt rules and\nregulations to supplement and give full effect to the provisions of this\narticle.\n

§ 258-hh. Entry, inspection and investigation. Any person designated\nby the commissioner shall have access to and may enter at all reasonable\nhours all places where foreign imported dry milk powder is being\npackaged or stored for sale or distribution in the state of New York,…

§ 258-ii. Violations. In addition to any civil penalties provided for\nin this chapter the commissioner may institute such action at law or in\nequity as may appear necessary to enforce compliance with any provisions\nof this article and any rules and orders promulgated by the c…

§ 258-j. Construction, exceptions and limitations. The license\nrequired by this article shall be in addition to any other license\nrequired by this chapter or otherwise required by law. This article\nshall apply to the city of New York, but shall not be construed to\nconflict w…

§ 258-k. Declaration of policy. For the purpose of implementing the\nprovisions of section two hundred fifty-eight-k through section two\nhundred fifty-eight-n of this article, it is hereby declared that the\ndairy industry is a paramount agricultural industry of this state and\…

§ 258-kk. Northeast interstate dairy compact. The northeast\ninterstate dairy compact as set forth in this article is hereby adopted\nand entered into with all jurisdictions joining therein. The compact is\nas follows:\n NORTHEAST INTERSTATE DAIRY COMPACT\n ARTICLE I. STATEMENT …

§ 258-l. Producers' bargaining agencies and distributors' bargaining\nagencies. (a) Incorporated producers' associations operated under and\nsubject to the cooperative corporations law of this state, or similar\nlaws of another state and organized and controlled by milk producer…

§ 258-ll. New York delegation to compact commission. (a) The New York\ndelegation to the northeast interstate compact commission shall consist\nof five persons, at least one of whom shall be a dairy farmer who is\nengaged in the production of milk at the time of appointment or\n…

§ 258-m. Orders fixing prices for milk and marketing agreements. 1.\nUpon the petition of a producers' bargaining agency of the production\narea supplying a marketing area, such agency representing at least\nthirty-five per centum of the producers of milk therein, alleging the\n…

§ 258-mm. Compact order violations. Any violation of the provisions of\nregulations adopted pursuant to the northeast interstate dairy compact\nestablishing an over-order price, a commission marketing order, or any\nother regulations, shall constitute a violation of this chapter…

§ 258-n. Interstate and federal compacts. The commissioner is hereby\nauthorized to confer with legally constituted authorities of other\nstates and of the United States with respect to uniform milk control,\nincluding sanitary requirements with states and/or as between states,\…

§ 258-nn. New York delegation; limitation on voting. The New York\ndelegation to the northeast interstate dairy compact commission, or any\nmember thereof, shall not vote to include all or part of New York state\nas part of a regulated area, as that term is defined in subdivisio…

§ 258-o. The commissioner is hereby authorized and directed to make a\nstudy of the sanitary regulations, codes and rules applicable to milk\nand milk products produced in the state of New York, and to study and\nreport to the governor the possible economic impact of a national\…

§ 258-p. Declaration of policy. It is hereby declared: that the milk\nindustry is a paramount agricultural activity of this state and of the\nnortheast in a region comprising the New England states and the Middle\nAtlantic states and is a business affecting the public health and…

§ 258-q. Action for a uniform northeast market. The commissioner is\nhereby authorized and directed to act independently or through the\nNortheastern Association of State Departments of Agriculture, the\nNational Conference on Interstate Milk Shipments and any other group or\nag…

§ 258-r. Actions to eliminate trade barriers. 1. Any dairy farmer or\ncooperative producing milk within this state, any licensed milk dealer\nor general farm organization may file a complaint with the commissioner\nalleging that unconstitutional or otherwise illegal barriers to …

§ 259. Legislative findings. The legislature hereby finds and declares\nthat farmers' markets provide a vital and highly effective marketing\nmechanism for thousands of New York farmers, improve the access of\nconsumers and wholesalers to New York farm products, and contribute t…

§ 26. Transfer of property and records in custody of council of\nagriculture and markets. The property, records, books, papers and\ndocuments, if any, in the custody, possession or control of the council\nof agriculture and markets at the time this section takes effect, which\np…

§ 260. Definitions. As used in this article:\n 1. "Farmers' market" shall mean any building, structure or place, the\nproperty of a municipal corporation or under lease to or in possession\nof a public or private agency, individual or business used or intended\nto be used by two…

§ 261. Powers and duties of department. The department shall:\n 1. perform necessary activities to encourage the development and\nimprovement of farmers' markets throughout New York state;\n 2. provide technical assistance to any public or private agency for\nthe planning, finan…

§ 262. State aid for farmers' markets. 1. There is hereby created\nwithin the department a program of grants for the purpose of providing\nstate assistance for farmer's markets. In administering such program,\nthe commissioner, to the extent feasible, shall ensure an equitable\n…

§ 263. Quinquennial report. 1. The commissioner shall quinquennially\nreport to the governor and the legislature on or before January first,\ntwo thousand seven and on or before January first of each fifth year\nthereafter on the status of the state farmers' markets program, as\…

§ 27. Obtaining title to real property by purchase or acquisition. 1.\nThe commissioner, when an appropriation therefor has been made by the\nlegislature, may obtain title to any real property which he may deem\nnecessary for the purposes of the department, including the purpose…

* § 28. Advisory group for improving urban and rural consumer access\nto locally produced, healthy foods. The commissioner shall convene an\nadvisory group with representatives from agriculture, food access\norganizations, food retailers and economic development agencies to\nide…