N.Y. LEG Law § 83-B — New York Code / Act LEG / Article 5-A / Section 83-B
Legislative commission on dairy industry development
Status: in_force

* § 83-b. Legislative commission on dairy industry development. 1. (a)\nThe legislature hereby finds and declares that the dairy industry is a\nvital component of the economy of New York state and that continuing to\nassure the sound condition of the dairy industry is important to the\nwell-being of those people of the state who are employed in this\nbusiness sector and to consumers of dairy products. The dairy industry\nof the state generates a retail value of well over three and a half\nbillion dollars annually and provides employment for sixty thousand\npeople in the production, processing and distribution of its products\nthrough to the retail level. The importance of employment and income\nderived from the dairy industry is particularly great in rural local\neconomies, where dairy production is usually the predominant industry.\nMilk is an important item in the food budget and is regarded as an\nindispensable food to many making its availability to consumers at\nreasonable prices of much importance.\n  (b) The legislature further finds that, although New York state\nremains the third leading state in milk production, concerns exist\nregarding the continued vitality of the state's dairy industry and the\ncontinued availability to the consumers of the state of high quality,\nreasonably priced dairy products. Changes in consumption preferences,\ncalls for changes in marketing practices and newly developing\ntechnologies require the adaptation of all facets of the state's dairy\nindustry if they are to maintain and enhance that industry's competitive\nposition. It is apparent that positive efforts are warranted to\ninvestigate these circumstances and to determine corrective legislative\naction.\n  2. A legislative commission on dairy industry development is hereby\nestablished to: (a) review existing laws and regulations of New York and\nother states, as well as those of the federal government, pertaining to\nthe dairy industry, including, but not limited to fair trade practice,\nstandards and labeling of dairy products and their imitations, sanitary\nregulations, testing and quality control, dairy promotion, organization\nof market orders, and interstate barriers to the free movement of milk\namongst the states of the northeast; (b) examine current and likely\neconomic forces affecting the producer in order to identify causes of\nand remedies for the severe economic pressures which are affecting or\nwhich may affect the industry and dairy farmers in particular; (c)\nexamine the level of milk dealer and retail outlet margins to determine\nif such margins substantially exceed costs and a reasonable return on\ninvestment; (d) examine the adequacy of availability of milk to\nconsumers at reasonable prices, and for the reasons for the wide\nvariability in retail milk prices in the various markets of the state\nand as between the various markets; (e) identify policies to strengthen\nand improve the organization and effectiveness of the dairy industry;\n(f) examine current research funding and research objectives pertaining\nto the industry; (g) identify equitable regional dairy policies in\nconsultation with the federal market administrator and officials of\nother states as necessary; and (h) recommend, to the legislature, action\nas it determines necessary to stabilize and modernize the industry, to\ninsure that the highest quality dairy products reach the consumer and to\nimprove the competitive stance of the industry.\n  3. The commission shall consist of ten members to be appointed as\nfollows: three members of the senate shall be appointed by the temporary\npresident of the senate; three members of the assembly shall be\nappointed by the speaker of the assembly; two members of the senate\nshall be appointed by the minority leader of the senate; and two members\nof the assembly shall be appointed by the minority leader of the\nassembly. From among the members as appointed, a chairman and vice\nchairman shall be appointed jointly by the temporary president of the\nsenate and the speaker of the assembly. Any vacancy that occurs in the\nchairmanship, vice chairmanship or other membership of the commission\nshall be filled in the same manner in which the original appointment was\nmade. No member, officer, or employee of the commission shall be\ndisqualified from holding any other public office or employment, nor\nshall he forfeit any such office or employment by reason of his\nappointment hereunder, notwithstanding the provisions of any general,\nspecial or local law, ordinance or city charter.\n  4. The commission may employ and at pleasure remove such personnel as\nit may deem necessary for the performance of the commission's functions\nand fix their compensation within the amount appropriated therefor. The\ncommission may hold public and private hearings, and otherwise have all\nof the powers of a legislative committee under this chapter. The members\nof the commission shall receive no compensation for their services but\nshall be allowed their actual and necessary expenses incurred in the\nperformance of their duties hereunder.\n  5. Employees of the commission shall be considered to be employees of\nthe legislature for all purposes.\n  6. The commission may request and shall receive from any subdivision,\ndepartment, board, bureau, commission, office, agency or other\ninstrumentality of the state or of any political subdivision thereof,\nsuch facilities, assistance and data as it deems necessary or desirable\nfor the proper execution of its powers and duties.\n  7. The commission is hereby authorized and empowered to make and sign\nany agreements, and to do and perform any acts that may be necessary,\ndesirable or proper to carry out the purpose and objectives of this\nsection.\n  * NB Repealed June 30, 2027\n