NY Agric & Mkts L § 258-L (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 258-L - Producers' Bargaining Agencies and Distributors' Bargaining Agencies.

§ 258-l. Producers'  bargaining  agencies and distributors' bargaining agencies.  (a) Incorporated producers' associations operated  under  and subject  to  the  cooperative corporations law of this state, or similar laws of another state and organized and controlled  by  milk  producers, may  establish producers' bargaining agencies for the various production areas  of  the  state  designated  by  the   commissioner.   Cooperative corporations  similarly  incorporated hereafter and owned and controlled by producers shall  be  entitled  to  use  and  participate  in  such  a bargaining  agency  and be represented by it in order that producers not now represented by a cooperative association  may  be  entitled  to  the benefits of this act.   Upon   presentation  of  a  written  certification  by  a  cooperative corporation qualified to receive cooperative payments under a state or a joint federal and state  milk  marketing  order,  or  orders,  or  by  a cooperative  corporation  affiliated  with  a  federation of cooperative corporations similarly qualified, to a  licensed  milk  dealer,  setting forth a list of its members for the payment of whose milk said dealer is responsible,  such  dealer  shall  make  payments  to  such  cooperative corporation from moneys due such listed members for  milk  purchased  by the  dealer in such amounts as such cooperative shall certify is payable to it; provided that (a) at least the names of 10 members  are  one  the list,  or  (b)  in  the  case  of dealers receiving milk from 17 or less producers at a plant, the names of at least 51% of such producers are on the list. Such amounts shall be payable monthly to the treasurer of  the cooperative corporation, together with a compilation of milk poundage to which  such  payment  is  related.  At intervals, not more frequent than monthly, each such cooperative shall certify to the dealer involved  any additions  or withdrawals from its listed membership. As to such changes in memberships so certified, the  dealer  shall  make  payments  on  the additional  producers, but shall not be required to make payments to the cooperative corporation on the withdrawn producers. In no event shall  a dealer be required to make payments on a producer who is not listed as a member by the certifying cooperative corporation.   The  voting  power of each association participating in such an agency shall be on the basis of one vote for each one hundred  producers  under contract  with  such  association for the marketing of their milk within such marketing area, and in case of an association with  less  than  one hundred   producers  under  contract  with  it,  a  fractional  vote  in proportion to the number of such producers. Only active contracts  shall be considered.   The  purpose  of  a  producers'  bargaining  agency  is  to  negotiate agreements on the basis of orders in the respective marketing areas  for presentation  to the commissioner for his consideration and approval, as provided in section two hundred and fifty-eight-m herein.  A  producers' bargaining  agency shall be authorized to negotiate with a distributors' bargaining agency in such marketing area in regard  to  arrangements  or agreements  to  be presented to the commissioner as a basis of marketing agreements  or  orders  pursuant  to  said  section  two   hundred   and fifty-eight-m.   Each  association  upon joining or employing the producers' bargaining agency shall file with  it  a  certified  copy  of  its  certificate  of incorporation,  its  by-laws,  copies  of  form  of  contracts  with its producers and a certified statement of  the  number  of  such  contracts which are in force.   A  producers'  bargaining  agency may appear before and negotiate with the commissioner  in  regard  to  marketing  agreements  or  orders,  as provided in section two hundred and fifty-eight-m herein.    It  shall  be lawful for such producers' bargaining agency to act as a common marketing agency for  the  various  cooperative  associations  of producers which it represents and such cooperative associations may make contracts  with  each  other  and  with  such producers' agency for such purpose  and  for  the  collective  processing,  preparing  for  market, handling and marketing of the products  of  such  associations  and  for effectuating  the  purposes  of  this  act.  In  order  to carry out and effectuate such purposes, contracts and agreements may be made  pursuant to  section  twenty-five  of the co-operative corporations law and as to interstate commerce pursuant to act of congress of February  eighteenth, nineteen  hundred  twenty-two, entitled "An act to authorize association of producers of agricultural products,"  (b)  A  distributors'  bargaining  agency  may  be  organized  by  the distributors  in  a marketing area. The voting power of each distributor in such bargaining agency shall be in proportion to the quantity of milk distributed by him in such area. Such quantity shall  be  determined  by that   distributed   during  the  preceding  year  as  reported  to  the commissioner. In the New  York  metropolitan  milk  marketing  area  the voting  power  of each distributor shall be on the basis of one vote for each ten million pounds of milk distributed in such  market  during  the preceding  year and in case of a distributor handling a less quantity of milk, a proportionate fractional vote.  In  other  marketing  areas  the voting  basis  shall  be  one  vote for each one hundred thousand pounds distributed  during  the  preceding  year  in   such   market   with   a proportionate  fractional  vote  in case of distributors handling a less quantity of milk. The purpose of distributors' bargaining agencies is to negotiate with producers' bargaining agencies as to  the  agreements  or the  basis  of orders in the respective marketing areas for presentation to the commissioner for his consideration and approval, as  provided  in section two hundred fifty-eight-m herein.   A distributors' bargaining agency may appear before and negotiate with the  commissioner  in  regard  to  marketing  agreements  or  orders, as provided in section two hundred fifty-eight-m herein.   Producers' bargaining agencies and distributors'  bargaining  agencies may  also  meet and negotiate in order to carry out the purposes of this act and subject to the approval of  the  commissioner,  as  provided  in section  two  hundred  fifty-eight-m, may make marketing agreements with each  other  and  with  cooperative  associations  in  relation  to  the marketing  of  milk which may be handled or distributed in more than one marketing area.  Such agencies may also meet and negotiate and take such reasonable measures as are necessary and advisable to cooperate with the commissioner and legally constituted authorities of other states and  of the  United  States  with  respect  to  the handling and control of milk handled  in  interstate  commerce  and  carry  out  and  effectuate  the provisions of section two hundred fifty-eight-n.   Except  as specifically provided in section two hundred fifty-eight-m, the activities and operations  of  producers'  bargaining  agencies  and distributors'   bargaining  agencies  and  of  the  constituent  members thereof,  and  contracts,  agreements  or  arrangements  made  by  them, pursuant  to  the  provisions  of  this  subdivision, and of section two hundred fifty-eight-m hereof, shall not be deemed  or  construed  to  be conspiracies,  combinations,  contracts  or  agreements  in restraint of trade or commerce or an illegal monopoly.   "Milk production area" as used in this article means those dairy farms maintained primarily as a source of fluid milk  for  a  marketing  area. Such  primary  source  of  supply  shall  include  farms  from which all shipments of milk  have  been  subject  to  the  minimum  uniform  price provisions  of  a marketing order or agreement for such market during at  least a portion of the preceding two years,  together  with  such  other farms  as may hereafter be designated by the commissioner as a source of supply for the marketing area in the manner prescribed  by  section  two hundred fifty-eight-j.