New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter F - MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW) › Part 204 - New York State Apple Research And Development Program › Section 204.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Act means
				  article 25 of the Agriculture and Markets Law of the State of New
				  York.
(b) Advisory Board means the
				  advisory board established pursuant to the provisions of subparagraph (9),
				  section 294, (article 25) of the Agriculture and Markets Law, and sections of
				  this order relating to the Apple Marketing Order Advisory Board (section
				  204.3 
				  et. seq.)
(c) Apples means all
				  apples that are produced in the defined production areas of New York
				  State.
(d) Bushel means a unit of
				  36 to 44 pounds of apples sold for fresh market use in boxes, cartons, baskets
				  or other containers. When applied to bulk apples for fresh sales, a bushel
				  shall mean 40 pounds of apples.
(e)
				  Commissioner means the Commissioner of Agriculture and Markets of the State of
				  New York, or any officer or employee of the Department of Agriculture and
				  Markets to whom authority may be delegated to act pursuant to section 17  of the Agriculture and Markets
				  Law.
(f) Contributions means funds
				  submitted by any person including processors, grower sales agents, storage
				  operators or other handlers and shall be considered income subject to the same
				  fiscal budget, audit, and disbursement controls as remitted grower assessments
				  provided in 204.9 of this Part.
(g)
				  Department means the Department of Agriculture and Markets of the State of New
				  York.
(h) Eastern production area
				  means that part of the State of New York east of the counties of St. Lawrence,
				  Herkimer, Otsego, Chenango and Broome.
(i) Grower means any person who produces or
				  causes to be produced apples as herein defined.
(j) Handler means any person engaged in the
				  operation of packing, grading, selling, offering for sale or marketing apples
				  who as owner, agent or otherwise ships or causes apples to be
				  shipped.
(k) Marketing season means
				  the period beginning July 1 of any year and extending through June 30 of the
				  following year.
(l) Person means
				  any individual, firm, corporation, partnership, company, unincorporated
				  association, agency or institution.
(m) Processing and process are synonymous
				  terms and means the operations of receiving, grading packing, canning,
				  freezing, dehydrating, preserving, grinding, crushing or in any other way
				  preserving or changing the form of apples, as herein defined for marketing in
				  any form other than for fresh consumption.
(n) Processor means any person, firm,
				  corporation, partnership, company, or unincorporated association which is
				  licensed to perform any of the functions of processing as herein
				  defined.
(o) Program means New York
				  State Apple Research and Development Program (Marketing Order).
(p) Research means any type of research to
				  advance the image, desirability, marketability, production of quality of apples
				  and the accumulation and dissemination of research data with respect
				  thereto.
(q) Storage means any
				  building, structure, or place where apples are stored in cold, refrigerated or
				  controlled atmosphere storage.
(r)
				  Storage operator means any person who or which operates a cold, refrigerated or
				  controlled atmosphere storage in which apples are stored.
(s) Western production area means that part
				  of the State of New York consisting of the counties of and west of and
				  including St. Lawrence, Herkimer, Otsego, Chenango and Broome.