reglab/statecodes huggingface dataset:
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 256 - Entry, Inspection and Investigation.

§ 256. Entry,  inspection  and  investigation. Any employee designated
  for the purpose shall have access to and may  enter  at  all  reasonable
  hours all places where milk is being stored, bottled or manufactured, or
  where  milk or milk products are being bought, sold or handled, or where
  the books, papers, records or documents relating  to  such  transactions
  are kept, and shall have power to inspect and copy the same in any place
  within  the  state,  and may administer oaths and take testimony for the
  purpose of ascertaining facts which in the judgment of the  commissioner
  are necessary to administer this chapter.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 256-A - Audits of Books and Accounts of Milk Dealers and Cooperatives.

§ 256-a. Audits   of   books   and   accounts   of  milk  dealers  and
  cooperatives. It shall be the duty of the commissioner  to  examine  and
  audit from time to time, as the commissioner deems necessary and proper,
  the  books  and  accounts  of  milk dealers and cooperatives licensed or
  subject to license under this article, for the  purpose  of  determining
  how payments to producers for the milk handled are computed, whether the
  amounts  of  such  payments are fair, and whether any provisions of this
  chapter affecting such payments, directly or indirectly,  have  been  or
  are  being violated, and for the purpose of determining the costs of the
  handling, distribution and marketing of milk and milk products, and  for
  the purpose of determining the manner of disposition of the total income
  of  each and every milk dealer and cooperative. For the purposes hereof,
  the commissioner or any employee designated for that purpose shall  have
  access to and may enter at all reasonable hours all places where milk is
  being  stored,  bottled  or manufactured or where milk and milk products
  are being bought, sold or handled, and where books, papers,  records  or
  documents  relating  to  such  purchase or sale are kept, and shall have
  power to inspect and copy and audit all of said books and accounts.   No
  person  or corporation shall in any way hinder or delay the commissioner
  or  any  employee  in  conducting  such  examination   or   audit.   The
  commissioner may reveal any of the findings of such examination or audit
  to  the  producers interested therein, or may publish all or any part of
  such findings, as in his judgment will best serve  the  public  interest
  and accomplish the purposes of this chapter.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 256-B - Accounting of Milk Dealers and Cooperatives to Producers.

§ 256-b. Accounting of milk dealers and cooperatives to producers.  1.
  For  purposes of this section, any corporation or association of persons
  engaged in the production of agricultural products and operating for the
  mutual benefit of its members in conformity with the requirements of the
  Capper-Volstead  Act,  and  any  federation  of  such  corporations   or
  associations, shall be deemed to be a cooperative.
2. Every milk dealer and cooperative, subject to license or regulation
  under  this  article,  in  making payments to producers for milk sold or
  delivered to such dealer or cooperative, shall  clearly  set  forth  the
  unit  price  for  such  milk,  whether determined pursuant to federal or
  state market order or pursuant to agreement, together with the amount of
  all premiums, subsidies or differentials, all deductions, service  fees,
  hauling  charges,  supply  expenses,  costs or adjustments of any nature
  whatsoever, in such a manner as to fully disclose to  the  producer  the
  rate, basis and manner of computing such payment.
3.  Each cooperative subject to license or regulation pursuant to this
  article shall, prior to its annual meeting, mail or personally deliver a
  copy of a written report of audit,  prepared  in  the  form  and  manner
  prescribed  under  section  seventy-five of the cooperative corporations
  law, to each member  of  the  cooperative  and  to  individual  producer
  members  of any constituent cooperatives. The printing of such report in
  a  publication  regularly  distributed  to  the   cooperative's   entire
  membership shall satisfy the delivery requirement.
4. Each milk producer who applies for membership in such a cooperative
  shall,  prior  to  issuance  of a membership certificate or entry into a
  milk marketing agreement with the  cooperative,  be  provided  with  the
  following  documents  of  such  cooperative  and  of  any  federation of
  cooperatives of which it is a member: (a) a copy  of  the  cooperative's
  written  report  of  audit  required to be provided to the cooperative's
  membership, pursuant to subdivision  three  of  this  section,  for  the
  fiscal  year  preceding  the date of such application; (b) a copy of the
  certificate of incorporation; (c) a copy of the bylaws in effect at  the
  time  of  such  producer's application for membership; and (d) a written
  statement  of  the  current  equity  requirements  and  policy  on   the
  allocation of net margins and losses.
5.  The commissioner may make or permit disclosure of a written report
  of audit made pursuant to subdivision three  of  this  section  for  any
  cooperative subject to license or regulation pursuant to this article.
6.  The commissioner may promulgate rules and regulations necessary to
  assure such uniform requirements as will carry  out  the  provisions  of
  this section.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 257 - Licenses to Milk Dealers.

§ 257. Licenses to milk dealers. 1. No milk dealer shall buy milk from
producers  or  others or deal in, handle, sell or distribute milk unless
such dealer be duly licensed as provided in this article.  It  shall  be
unlawful  for  a  milk  dealer  to  buy milk from or sell milk to a milk
dealer who is unlicensed, or in any way deal in or handle milk which  he
has  reason  to  believe  has  previously  been  dealt  in or handled in
violation of the provisions of this chapter.
2. The commissioner may by official  order  exempt  from  the  license
requirements  provided  by  this  article,  milk dealers who purchase or
handle milk in a total quantity not exceeding three thousand  pounds  in
any  month,  and/or milk dealers selling milk in any quantity in markets
of one thousand population or less.
3. A store shall be exempt from the license requirements  provided  by
this article if such store does not engage in the customary functions of
a milk dealer and meets all the following conditions:
(a)  Sells  no  milk other than that purchased or received from a duly
licensed milk dealer, or a milk dealer exempted by official order of the
commissioner from the license requirements of this article.
(b) Does not operate a milk pasteurizing plant.
(c) Delivers no milk to  hotels,  restaurants,  lunch  counters,  soda
fountains, or any eating establishment to be consumed on the premises.
(d) Sells not more than three thousand pounds of milk in any month for
off-premises delivery.
(e)  Does  not  deliver  or  transport  or  cause  to  be delivered or
transported milk to a store or stores, except  milk  delivered  to  such
store by a licensed milk dealer or milk dealers.
(f) Does not sell milk to other stores.
(g)  Does  not  purchase,  buy,  sell  or  deal  in milk received from
unlicensed dealers.
4.  Farmers  (including   individuals   and   partnerships   but   not
corporations)  selling not more than one hundred quarts daily average of
milk, or any amount of milk pasteurized on the farm where  produced,  to
customers  coming  there  for  it  shall  be  exempt  from  the  license
requirements provided by this article.
5. Any person who sells food and beverages  through  vending  machines
shall  be  exempt  from  the  licensing  requirements provided that such
person (a) sells no milk in bulk or in containers that are greater  than
one  pint  in  size;  (b)  sells  no  milk  other than that purchased or
received from a duly licensed milk dealer, or a milk dealer exempted  by
official order of the commissioner from the license requirements of this
article;  (c)  does  not  operate  a milk pasteurizing plant; and (d) is
subject to those provisions of the state sanitary code that regulate the
sale of food and beverages through vending machines.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 257-A - Transportation and Storage of Milk.

§ 257-a. Transportation   and   storage   of   milk.  1.  Any  vehicle
  transporting pasteurized milk for retail  sale  in  the  same  container
  shall  be  transported  in  a  vehicle  capable of maintaining milk at a
  temperature of at least forty-five degrees fahrenheit or cooler.
2. It shall be unlawful for milk excluding UHT/aseptic  packaged  milk
  and  milk  products  to  be  shipped  or  stored  in  the  same enclosed
  refrigerated  compartment  which  contains  any   hazardous   or   toxic
  chemicals,  or  solid waste.   "Toxic and hazardous chemicals" shall not
  mean common household products  normally  sold  in  grocery  stores  and
  supermarkets   or   those   products  normally  provided  to  commercial
  establishments by a food service company, that are packaged and  handled
  in  a manner which avoids contamination of milk or milk products. "Solid
  waste" shall not mean any packaging that is approved for reuse  such  as
  returnable milk bottles.
3. It shall be the responsibility of any milk dealer who sells milk or
  dairy  products  intended  for  resale  to another distributor to obtain
  certification from such distributor that  the  requirements  for  proper
  refrigeration transportation as provided in this section are met.
4.  The commissioner may exempt persons who purchase or handle milk in
  a  total  quantity  not  exceeding  twenty  gallons  per  day  from  the
  requirements of this section.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258 - Application for License.

§ 258. Application  for license. An applicant for a license to operate
  as a milk dealer shall file an application upon a blank  prepared  under
  authority  of  the  commissioner.    An applicant shall state such facts
  concerning his circumstances and  the  nature  of  the  business  to  be
  conducted  as  in  the opinion of the commissioner are necessary for the
  administration of this chapter.  Such application shall  be  accompanied
  by  the  license  fee required to be paid. The commissioner may, for the
  purpose of establishing the rate of license fees and otherwise  carrying
  out the duties of the commissioner under this chapter, classify licenses
  and  issue  licenses  to  milk  dealers  to  carry  on a certain kind of
  business, including but not limited to the purchase  of  milk,  sale  or
  distribution  of milk, processing or manufacture of milk, bargaining and
  collecting for the sale of milk,  dealing  in  or  brokering  milk,  and
  hauling  milk. Upon a finding that the applicant qualifies for a license
  under the standards set forth in section two  hundred  fifty-eight-c  of
  this article, the commissioner shall issue such applicant a license.
A license shall be for a period not exceeding one year. An application
  for  renewal of license must be duly made at least sixty days before the
  expiration of such license by all milk dealers then doing business.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-D - Proceedings to Review.

§ 258-d. Proceedings  to  review.  The  action  of the commissioner in
  refusing to grant or renew a license, or in  revoking  or  suspending  a
  license,  or  in  conditioning  or limiting the granting or renewal of a
  license, may be reviewed in the manner provided by article seventy-eight
  of  the  civil  practice  law  and  rules,  and  the  decision  of   the
  commissioner  shall  be final unless within thirty days from the date of
  service thereof upon the party affected thereby a  court  proceeding  is
  instituted  to  review such action. The pleadings upon which such review
  proceeding is instituted shall be served upon the commissioner  or  upon
  an  assistant  commissioner,  personally, in the manner provided for the
  personal service of a summons in an action unless a different manner  of
  service  is  provided  in  an order to show cause granted by the supreme
  court.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-F - Records.

§ 258-f. Records.  The  commissioner  may require milk dealers to keep
the following records:
(a) A record of all milk received, detailed as to location, and as  to
names  and  addresses  of  suppliers,  with  butterfat  test,  pounds of
protein, butterfat, other  solids  and  solids  not  fat,  prices  paid,
deductions or charges made.
(b)  A  record  of  all milk sold classified as to grade, location and
market outlet and size and style of container, with prices  and  amounts
received therefor.
(c) A record of quantities and prices of milk sold.
(d)  A  record  of  the quantity of each milk product manufactured and
quantity of milk and/or cream used in the manufacture of  each  product.
Also the quantity and value of milk products sold.
(e) A record of wastage or loss of milk or butter fat.
(f) A record of the items of the spread or handling expense and profit
or  loss,  represented  by the difference between the price paid and the
price received for all milk.
(g)  A  record  of  all  other  transactions  affecting  the   assets,
liabilities, or net worth of the licensee.
(h)  Such  other records, and information as the commissioner may deem
necessary for the proper enforcement of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-G - Reports.

§ 258-g. Reports.  Each  milk  dealer  shall,  from  time  to time, as
  required by rule or order of the commissioner, make and file a  verified
  report on forms prescribed by the commissioner of all matters on account
  of  which  a  record  is  required  to be kept, together with such other
  information or facts including an audited financial statement as may  be
  pertinent  and  material  within  the scope of the purpose and intent of
  this chapter. Such report shall cover a period of time specified in  the
  order.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-K - Declaration of Policy.

§ 258-k. Declaration  of policy.   For the purpose of implementing the
  provisions of section two  hundred  fifty-eight-k  through  section  two
  hundred  fifty-eight-n  of  this article, it is hereby declared that the
  dairy industry is a paramount agricultural industry of  this  state  and
  the  normal  processes  of  producing  and marketing milk have become an
  enterprise of vast  economic  importance  to  the  state  and  of  vital
  interest  to  the  consuming  public  which  ought to be safeguarded and
  protected in the public interest; that it is the policy of this state to
  promote, foster and encourage the intelligent and orderly  marketing  of
  milk  through producer owned and controlled cooperative associations and
  to promote, foster and encourage as an incident of such  marketing,  the
  maintenance,  by such associations, jointly or in cooperation with other
  cooperative associations of programs designed, by means of  advertising,
  publicity,  education  or otherwise, to promote increased demand for and
  consumption  of  milk  and  dairy  products;  that  unfair,  unjust  and
  destructive  demoralizing trade practices have been and are likely to be
  carried on in the production, sale, processing and distribution of  milk
  and  that  it  is a matter of public interest and for the public welfare
  for the state to promote the orderly  exchange  of  commodities  and  in
  cooperation   with  the  federal  government  or  other  states  in  the
  regulation of interstate commerce, to take such steps as  are  necessary
  and  advisable  to  protect  the  dairy  industry and insure an adequate
  supply of milk for the inhabitants of this state; that for such  purpose
  public interest requires, as necessity therefor has arisen or may arise,
  the fixing of prices of milk to be paid to producers and associations of
  producers  where  there has been or is a disruption of orderly marketing
  of milk in any marketing area by reason of surpluses  or  by  reason  of
  unfair,  unjust  or  destructive  trade practices, that in order to make
  such price-fixing effective it is necessary that  the  benefits  of  the
  fluid  market  and  the  burden  of,  and  the  expense  of, handling of
  surpluses, be shared equally by all producers of milk for the  marketing
  area and to this end that dealers not handling their proportionate share
  of the surplus shall as part of the price of their milk make payments to
  a fund to equalize the prices of milk to producers and to share the cost
  of handling surplus so as to remove one of the principal causes of price
  demoralization.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-N - Interstate and Federal Compacts.

§ 258-n. Interstate  and  federal compacts. The commissioner is hereby
  authorized to confer  with  legally  constituted  authorities  of  other
  states  and  of  the United States with respect to uniform milk control,
  including sanitary requirements with states and/or  as  between  states,
  and  with  the  federal  government  in  its  control of milk handled in
  interstate commerce, and may exercise his  powers  hereunder  to  effect
  such  uniform  milk  control.  He  may  join with such other authorities
  federal and state in  conducting  joint  investigations,  holding  joint
  hearings  and  issue joint or concurrent orders, or orders supplementary
  to those of the federal government, and shall have the power  to  employ
  or  designate  a  joint agent or joint agencies to carry out and enforce
  such joint, concurrent or supplementary orders.
In order to carry out the policies set forth in sections  two  hundred
  fifty-eight-k  and two hundred fifty-eight-p, the commissioner is hereby
  vested with the authority to enter into a compact or compacts  or  other
  types  of  agreements, with the legally constituted authorities of other
  states and/or the United States to provide for uniform milk control and,
  in order to effectuate such uniform milk control, he may  join  with  an
  agent  or  agencies  to exercise under such compact or compacts or other
  types of agreements the powers conferred upon him by this  article  with
  respect  to  the  administration of uniform milk control. In the case of
  market orders including those  covering  prices,  any  such  compact  or
  compacts  or  other  types  of  agreements  may  provide  for  necessary
  assessments upon the handlers regulated thereunder, in  order  to  cover
  the  cost of administering such uniform milk control, including, without
  limitation, the cost of auditing milk dealers' classifications.
The commissioner may effectuate this section by any type of  agreement
  other  than a formal compact if a formal compact is not constitutionally
  required.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-O - .

§ 258-o. The  commissioner is hereby authorized and directed to make a
  study of the sanitary regulations, codes and rules  applicable  to  milk
  and  milk  products  produced in the state of New York, and to study and
  report to the governor  the  possible  economic  impact  of  a  national
  sanitation act upon New York milk production and New York dairy farmers.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-P - Declaration of Policy.

§ 258-p. Declaration  of  policy. It is hereby declared: that the milk
  industry is a paramount agricultural activity of this state and  of  the
  northeast  in  a region comprising the New England states and the Middle
  Atlantic states and is  a  business  affecting  the  public  health  and
  welfare  of the inhabitants of this state and of the northeast; that the
  production and marketing of milk of the dairy farms of this state and of
  states in the northeast region is of vast  economic  importance  to  the
  state  and  to  the region; that compliance with reasonable requirements
  for the production and marketing of a safe and high quality milk  supply
  is a matter of great importance both to the welfare of the dairy farmers
  of  this  state  and  the  northeast,  and the health and welfare of the
  consumers of milk and dairy products; that the production conditions  in
  the  northeast including the climate, topography and soils are about the
  same but marketing conditions are unique as compared to the remainder of
  the United States in that practically all of the milk in  the  northeast
  is   produced   for  fluid  markets  because  of  the  concentration  of
  population.  The natural marketing area,  under  present  conditions  of
  production  and  marketing,  lies  within  the  boundaries of the eleven
  different states with widely different laws and regulations which govern
  the economic climate and sanitary conditions under which milk and  dairy
  products   are   marketed.      Artificial   barriers  have  contributed
  significantly to the loss of competitive position by New York and  other
  Northeastern  states.  The  market  share  held by milk producers in the
  region has declined. The marketing system for milk and dairy products in
  the  northeast  has  been  and  still  is  badly  fragmented.  Assembly,
  administration,   operating   and  sales  costs  are  excessively  high.
  Cooperative membership is below that  in  most  areas  of  the  country.
  Competition  from  other regions of the country will increase.  A common
  marketing area in the  northeast  is  necessary  for  a  prosperous  and
  growing  dairy  industry and it is in the best interest of consumers. It
  is therefore essential that there be uniformity of laws and  regulations
  governing  the  production,  processing  and marketing of milk and dairy
  products  in  the  northeast.  The  lack  of  uniformity  of  laws   and
  regulations  involving inspection of farms and plants, labeling of dairy
  products and their imitations, standards for dairy  products,  licensing
  of  milk dealers and the terms of milk market orders have been a serious
  deterrent to expanding markets for northeast dairy products  and  costly
  to consumers.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-Q - Action for a Uniform Northeast Market.

§  258-q.  Action  for a uniform northeast market. The commissioner is
  hereby authorized and directed  to  act  independently  or  through  the
  Northeastern  Association  of  State  Departments  of  Agriculture,  the
  National Conference on Interstate Milk Shipments and any other group  or
  agency,   to  achieve  uniformity  of  laws  and  regulations  involving
  inspection of farms  and  plants,  sanitary  codes,  labeling  of  dairy
  products  and  their imitations, standards for dairy products, licensing
  of milk dealers and the terms of both federal and state  milk  marketing
  orders  in effect in the area. He is further directed to work toward the
  elimination of the unnecessary and costly barriers to the free  flow  of
  milk  created  by  laws  and  regulations originally enacted to help the
  income of dairy farmers but whose present effect is  to  interfere  with
  the  free flow of milk and to reduce the efficiency of distribution. The
  commissioner will continuously endeavor to  effectuate  the  purpose  of
  this   section   by   seeking   uniform   laws  and  regulations,  joint
  investigations, joint hearings, and  joint  and  concurrent  orders  and
  regulations.  He further will endeavor to create a joint agency or joint
  agencies to carry out and enforce joint and concurrent  orders  and  any
  other joint activities.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 258-R - Actions to Eliminate Trade Barriers.

§ 258-r. Actions  to  eliminate trade barriers. 1. Any dairy farmer or
  cooperative producing milk within this state, any licensed  milk  dealer
  or  general farm organization may file a complaint with the commissioner
  alleging that unconstitutional  or  otherwise  illegal  barriers  to  or
  burdens  upon  interstate commerce in milk or other dairy products exist
  in the laws, regulations or practices of any  other  state,  or  in  the
  municipalities,   agencies   or  instrumentalities  thereof  or  in  the
  regulations or practices of any  federal  agency.  The  complaint  shall
  specify  the  nature of such barriers or burdens and the manner in which
  the complainant, or its individual members, is aggrieved thereby.
2. The commissioner shall determine whether such barriers  or  burdens
  have or may ultimately have an adverse impact upon New York producers or
  dealers  generally  and  determine  whether the public interest would be
  served by their elimination. If the commissioner concludes  that  action
  upon  such complaint is in the general public interest of this state, he
  shall refer the complaint to  the  attorney  general.  The  commissioner
  shall,  within  ninety  days of the receipt of such complaint, inform in
  writing, the complainant and the  attorney  general  as  to  the  status
  thereof. Upon making a determination with respect to such complaint, the
  commissioner shall provide to the complainant and the attorney general a
  written  statement  of  such  determination  setting  forth  the reasons
  therefor.
3. The commissioner shall maintain a continuing review  of  the  laws,
  regulations   and   policies  of  the  eleven  Northeast  states,  their
  municipalities and federal  agencies  for  the  purpose  of  identifying
  unconstitutional  or  illegal barriers to the marketing of New York milk
  and dairy products. The commissioner  may  initiate  and  refer  to  the
  attorney general his own complaints with respect to any such barriers.
4.  Upon  referral  of any complaint by the commissioner, the attorney
  general may bring an action in any state  or  federal  court  within  or
  outside  the  state,  for  the  purpose of invalidating such barriers or
  burdens upon interstate commerce and for such other  relief  as  may  be
  appropriate.  The  attorney  general  may  bring such action in a parens
  patriae capacity.
5. The attorney general shall, within ninety days of receipt  of  such
  referral,  inform  the  commissioner in writing as to the status of such
  referral. Upon deciding whether to commence an action  with  respect  to
  the  complaint, the attorney general shall provide to the commissioner a
  written statement of such decision and the reasons therefor.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-B - Dry Milk Powder Control › 258-BB - Definitions.

§ 258-bb. Definitions.  As  used  in  this  article  unless  otherwise
  expressly stated, or unless the  context  or  subject  matter  otherwise
  requires:
1. "Commissioner" means the commissioner of agriculture and markets.
2.  "Person"  means  any  person,  firm,  corporation, co-partnership,
  association, co-operative  corporation  or  unincorporated  co-operative
  association.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-B - Dry Milk Powder Control › 258-CC - Prohibitions.

§ 258-cc. Prohibitions. 1. It shall be unlawful for any person to sell
  or  distribute  in  the  state  of  New  York, other than exclusively at
  retail, any dry milk  powder  originating  from  any  area  outside  the
  continental  United  States  including  Alaska  and Hawaii without first
  having registered with the commissioner.
2. It shall be unlawful for any person to sell or  distribute  in  the
  state  of New York any dry milk powder originating from any area outside
  the continental United States including Alaska and Hawaii that  has  not
  been   designated   by   the   commissioner   as  being  rinderpest  and
  foot-and-mouth disease free.
3. It shall be unlawful for any person to sell or  distribute  in  the
  state  of New York any dry milk powder originating from any area outside
  the continental United States including Alaska  and  Hawaii  unless  the
  labelling  of  each package clearly discloses the country from which the
  powder has been imported  and  the  country  in  which  the  powder  was
  manufactured.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-B - Dry Milk Powder Control › 258-DD - Registration.

§ 258-dd. Registration.  Any  person  who sells, offers or exposes for
  sale, or has or possesses for sale other than exclusively at retail, any
  dry milk powder originating from any area outside the continental United
  States including Alaska and Hawaii, shall, not later than the first  day
  of  January  of  each  year,  register with the commissioner upon a form
  prescribed by the commissioner.  The registration form shall state  such
  facts  concerning  registrant's  circumstances  and  the  nature  of the
  business to be conducted as in  the  opinion  of  the  commissioner  are
  necessary  for  the  administration  of  this  article. The registration
  period shall be for twelve months.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-B - Dry Milk Powder Control › 258-EE - Records.

§ 258-ee. Records. The  commissioner  may  require persons who sell or
  distribute,  other  than  exclusively  at  retail,   dry   milk   powder
  originating   from  any  area  outside  the  continental  United  States
  including Alaska and Hawaii to keep the following records:
1. A record of all dry milk powder received, detailed as to  location,
  and as to names and addresses of suppliers.
2.  A record of all dry milk powder sold classified as to location and
  market outlet and size and style of container, with prices  and  amounts
  received therefor.
3. A record of quantities and prices of dry milk powder sold.
4.  Such  other  records  and information as the commissioner may deem
  necessary for the proper enforcement of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-B - Dry Milk Powder Control › 258-FF - Reports.

§ 258-ff. Reports.  Each  person  who sells or distributes, other than
  exclusively at retail, dry milk powder originating from any area outside
  the continental United States including Alaska and  Hawaii  shall,  from
  time to time, as required by rule or order of the commissioner, make and
  file  a  verified  report on forms prescribed by the commissioner of all
  matters on account of which a record is required to  be  kept,  together
  with  such  other  information  or  facts  as  the commissioner may deem
  pertinent and material within the scope of the  purpose  and  intent  of
  this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-B - Dry Milk Powder Control › 258-HH - Entry, Inspection and Investigation.

§ 258-hh. Entry,  inspection  and investigation. Any person designated
  by the commissioner shall have access to and may enter at all reasonable
  hours all places  where  foreign  imported  dry  milk  powder  is  being
  packaged or stored for sale or distribution in the state of New York, or
  where   the  books,  papers,  records  or  documents  relating  to  such
  transactions are kept and shall have power to inspect and copy the same,
  and  may  administer  oaths  and  take  testimony  for  the  purpose  of
  ascertaining  facts  which  in  the  judgment  of  the  commissioner are
  necessary to administer this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-B - Dry Milk Powder Control › 258-II - Violations.

§ 258-ii. Violations.  In addition to any civil penalties provided for
  in this chapter the commissioner may institute such action at law or  in
  equity as may appear necessary to enforce compliance with any provisions
  of this article and any rules and orders promulgated by the commissioner
  to  carry  out  the provisions of this article and in addition may apply
  for relief by injunction if necessary to  protect  the  public  interest
  without  being  compelled  to allege or prove that an adequate remedy at
  law does not exist. Such application may be made to the supreme court in
  any district or county as provided in the civil practice law and  rules,
  or to the supreme court in the third judicial district.
Whenever  the commissioner or his duly authorized representative shall
  find distributed, offered or exposed for sale within this state,  a  dry
  milk  powder  which has originated from any area outside the continental
  United States including Alaska and Hawaii that has not  been  designated
  in  accordance  with section two hundred fifty-eight-cc as being disease
  free or which otherwise is unfit or unsafe for use, and its condemnation
  is required to protect the public health, he may, in accordance with the
  procedures set forth in section two hundred two-b of this chapter, seize
  or quarantine and destroy or denature such product  so  that  it  cannot
  thereafter be used.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-C - Northeast Interstate Dairy Compact › 258-LL - New York Delegation to Compact Commission.

§  258-ll. New York delegation to compact commission. (a) The New York
delegation to the northeast interstate compact commission shall  consist
of  five  persons,  at  least one of whom shall be a dairy farmer who is
engaged in the  production  of  milk  at  the  time  of  appointment  or
reappointment  and  one  of  whom  shall be representative of consumers'
interests. One member shall be appointed by the  governor,  one  by  the
temporary  president  of  the  senate, one by the minority leader of the
senate, one by the speaker of the  assembly  and  one  by  the  minority
leader  of  the assembly. Members shall serve for a term of three years,
except that the members first appointed by the  temporary  president  of
the senate and the speaker of the assembly shall serve for a term of two
years  and  the  members  first  appointed by the minority leader of the
senate and the minority leader of the assembly shall serve for a term of
one year.
(b) The members of the delegation shall receive compensation for their
services of three hundred dollars per diem.
(c) The department and any other  agency  of  the  state  shall,  when
called upon, provide the members with cooperation, information and staff
support.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-C - Northeast Interstate Dairy Compact › 258-MM - Compact Order Violations.

§ 258-mm. Compact order violations. Any violation of the provisions of
  regulations  adopted  pursuant to the northeast interstate dairy compact
  establishing an over-order price, a commission marketing order,  or  any
  other  regulations,  shall  constitute  a violation of this chapter. Any
  such violation shall be subject to the  civil  penalties  prescribed  by
  section thirty-nine of this chapter. In addition, all the administrative
  and  judicial  sanctions  and  remedies  prescribed  for  a violation of
  article twenty-one of this chapter shall apply to any such violation.
2023 New York Laws › AGM - Agriculture and Markets › Article 21-C - Northeast Interstate Dairy Compact › 258-NN - New York Delegation; Limitation on Voting.

§  258-nn.  New  York  delegation;  limitation on voting. The New York
  delegation to the northeast interstate dairy compact commission, or  any
  member  thereof, shall not vote to include all or part of New York state
  as part of a regulated area, as that term is defined in subdivision  (e)
  of  section two of article two of the northeast interstate dairy compact
  set forth in section two hundred fifty-eight-kk of this article, if  the
  compact  over-order  price  regulation or commission marketing order for
  such regulated area would establish a price for class I milk in  all  or
  part of New York state which is in excess of the highest price for class
  I  milk  in the New York-New Jersey marketing area at any time up to the
  effective  date  of  this  section,  as   calculated   by   the   market
  administrator  in  the New York-New Jersey milk marketing area, adjusted
  annually by the rate of change in the consumer price index  as  reported
  by  the  bureau  of  labor statistics of the United States department of
  labor.
2023 New York Laws › AGM - Agriculture and Markets › Article 22 - Farmers' Markets › 259 - Legislative Findings.

§ 259. Legislative findings. The legislature hereby finds and declares
  that  farmers'  markets  provide  a vital and highly effective marketing
  mechanism for thousands of New  York  farmers,  improve  the  access  of
  consumers  and  wholesalers to New York farm products, and contribute to
  the economic revitalization of  the  areas  in  which  the  markets  are
  located.  The legislature further declares that farmers' markets provide
  consumers with access to a wide range of high quality, nutritious,  farm
  fresh  and  processed  New  York  state  agricultural and food products;
  facilitate expanded  wholesale  distribution  of  New  York  state  farm
  products to retail stores, restaurants, institutions and other wholesale
  food buyers; provide new and expanded farm and city jobs in agricultural
  production,  marketing,  and sales, and in market facilities development
  and operation; promote consumer awareness of New York state  agriculture
  and  agricultural  products;  and foster economic and social interaction
  between urban and rural residents of the state.
It is therefore the intent of the legislature and the purpose of  this
  article  to  encourage  farmers' markets in the state by providing state
  assistance to municipalities and public and private agencies  interested
  in  developing  new markets or expanding or reconstructing existing farm
  market operations.
2023 New York Laws › AGM - Agriculture and Markets › Article 22 - Farmers' Markets › 260 - Definitions.

§ 260. Definitions. As used in this article:
1.  "Farmers' market" shall mean any building, structure or place, the
  property of a municipal corporation or under lease to or  in  possession
  of  a  public or private agency, individual or business used or intended
  to be used by two or more producers for the direct sale of  a  diversity
  of  farm  and  food  products,  as  defined  in subdivision four of this
  section, from producers to consumers and food buyers.  Such  market  may
  also  include  facilities  for  the  packing,  shipping,  first-instance
  processing or storage of farm and food products, and shall  include  all
  equipment   used  or  intended  to  be  used  in  connection  with  such
  facilities.  Such  market  may  also  include  other  businesses   which
  reasonably  serve  the  public  or  make  the  market  more  convenient,
  efficient, profitable or successful, including, but not limited to, food
  service, baking, and non-food retailing.
2. "Public market"  shall  mean  any  building,  structure  or  place,
  operated  on  a  not-for-profit  basis  in  the  public interest for the
  buying, selling or keeping for sale of farm and food products at  retail
  and/or wholesale, and may include a farmers' market.
3.  "Producer"  shall mean any person or persons who grow, produce, or
  cause to be grown or produced any farm or  food  products  in  New  York
  state.
4. "Farm and food product" shall mean any agricultural, horticultural,
  forest, or other product of the soil or water, including but not limited
  to,  fruits,  vegetables,  eggs, dairy products, meat and meat products,
  poultry and poultry products, fish and fish products,  grain  and  grain
  products, honey, nuts, preserves, maple sap products, apple cider, fruit
  juice,  wine, ornamental or vegetable plants, nursery products, flowers,
  firewood and Christmas trees.
5. "First-instance processing" shall mean  the  washing,  grading  and
  packaging  of  farm  and  food  products  in  connection with a farmers'
  market.
6. "Storage" shall mean a facility or equipment with  a  refrigerated,
  controlled  atmosphere,  or  other enclosed unit used for the purpose of
  long-term storage of  farm  and  food  products  in  connection  with  a
  farmers' market.
7.  "Public or private agency" shall mean any agency of federal, state
  or  local  government,  regional  market   authority,   public   benefit
  corporation,  not-for-profit  corporation,  cooperative  corporation  or
  educational institution.
8. "Rural area" shall mean a town having a population density of  less
  than  one  hundred  fifty  persons  per square mile or a county having a
  population of two hundred thousand or less as reflected  in  the  latest
  federal census.
9.  "Food desert" shall mean an area with limited access to affordable
  and nutritious food, particularly such  an  area  that  is  composed  of
  predominately lower-income neighborhoods and communities.
2023 New York Laws › AGM - Agriculture and Markets › Article 22 - Farmers' Markets › 261 - Powers and Duties of Department.

§ 261. Powers and duties of department. The department shall:
1.  perform  necessary  activities  to  encourage  the development and
  improvement of farmers' markets throughout New York state;
2. provide technical assistance to any public or  private  agency  for
  the  planning,  financing  or  development  of  a farmers' market, which
  market may include facilities for first-instance  processing,  shipping,
  storage,  and  direct  sales  of  farm  and food products on a retail or
  wholesale basis;
3. provide grants, from amounts appropriated, for state assistance  to
  farmers'  markets,  as  provided  under section two hundred sixty-two of
  this article;
4. collect, compile  and  publish  economic  information  on  farmers'
  markets in the state;
5.  establish  working  relationships  with interested individuals and
  organizations and  cooperative  extensions  for  the  purposes  of  this
  article; and
6. compile listings of available funding resources for the development
  and/or  improvement of farmers' markets within the state. The department
  shall  periodically  advise  municipal  corporations,  regional   market
  authorities,  public  benefit  corporations, not-for-profit corporations
  and agricultural cooperatives  organized  pursuant  to  the  cooperative
  corporations  law  as  to the availability of such information and shall
  provide such listings upon request.
2023 New York Laws › AGM - Agriculture and Markets › Article 22 - Farmers' Markets › 263 - Quinquennial Report.

§  263.  Quinquennial report. 1. The commissioner shall quinquennially
report to the governor and the legislature on or before  January  first,
two  thousand  seven  and  on or before January first of each fifth year
thereafter on the status of  the  state  farmers'  markets  program,  as
provided under this article. Such report shall include:
(a)  the  number  and  nature  of proposals made to the department for
state assistance;
(b) the number, nature and geographic location  of  approved  farmers'
markets  development  or  improvement  projects, and the amounts of each
award made thereto;
(c) an assessment of the effectiveness of existing farmers' markets to
facilitate New York producers to  direct  market  their  farm  and  food
products to retail and wholesale consumers; and
(d) any recommendations for program improvement.
2.  Between  report  due  dates,  the  commissioner shall maintain the
necessary records and data required to satisfy such report  requirements
and  to  satisfy information requests received from the governor and the
legislature between such report due dates.
2023 New York Laws › AGM - Agriculture and Markets › Article 23 - Direct Marketing › 281 - Declaration of Legislative Findings and Intent.

§ 281. Declaration of legislative findings and intent. The legislature
  hereby  finds  that  inflation has caused higher prices in all phases of
  farm and food production and farm and food  products  distribution;  and
  that  the demand, by consumers within the state, for increasing supplies
  of wholesome, fresh and nutritious farm and  food  products  provides  a
  significant  opportunity  for  the  development of alternative marketing
  structures for food grown within the state by which such products may be
  supplied directly to the consuming public. In addition,  increasing  the
  supply  of  wholesome, fresh, locally produced fruits and vegetables can
  help to encourage the consumption of such produce in a manner that helps
  to combat the increasing  incidence  of  adult  and  childhood  obesity.
  Reducing the incidence of obesity can help to improve the overall health
  of  the general public, help to reduce the cost of providing health care
  and reduce the state's costs of providing such care.
The legislature finds also that encouraging direct  sales  from  farms
  and  other  agricultural  producers  to  consumers  and other buyers can
  provide producers with a substantially increased income over that  which
  is  currently  obtainable  through  the conventional wholesale marketing
  system.
It is therefore the intent of the legislature and the purpose of  this
  article  to  encourage  expanded  production  of  farm and food products
  through providing increased opportunities  for  farm  and  food  product
  producers  within  the  state  to  wholesale  and  retail their products
  directly to consumers on a state, regional and local basis; to encourage
  purchasing opportunities which will lower food costs  to  consumers;  to
  increase  the  share  of  the  consumer's  food  dollar  retained by the
  producers of farm and food products; to make farm and food products more
  readily available to residents  of  the  state;  and  to  encourage  and
  facilitate  the  purchase  and  use  of  farm and food products produced
  within the state by public and private institutions and agencies.