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 201 - Apple Marketing Order › Section 201.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this marketing order, the following terms shall
					 have the following meanings:
(a)
				  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.
(b) Department means the
				  Department of Agriculture and Markets of the State of New York.
(c) Person means any individual, firm,
				  corporation, partnership, company, or unincorporated association.
(d) Apples means all apples produced in New
				  York State for the purpose of sale.
(e) Grower means any person who produces or
				  causes to be produced apples as herein defined.
(f) Processor means any person, firm,
				  corporation, partnership, company, or unincorporated association which performs
				  any of the functions or acts of processing as herein defined.
(g) Processing and process are synonymous
				  terms and mean 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.
(h) Storage means any building, structure, or
				  place where apples are stored in cold, refrigerated or controlled atmosphere
				  storage.
(i) Storage operator means
				  any person who or which operates a cold, refrigerated or controlled atmosphere
				  storage in which apples are stored.
(j) 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.
(k) Advisory
				  board means the advisory board established pursuant to the provisions of
				  subparagraph (9) of section 294 (art. 25) of the Agriculture and Markets Law
				  and sections under heading "Apple Marketing Order Advisory Board" (§
										201.3 
				  et seq.) of this order.
(l)
				  Declaration of harvest crop means a statement, the form of which shall be
				  prescribed by the commissioner, upon which the owner, lessee or other operator
				  of an orchard shall declare the number of bushels or pounds of apples harvested
				  and the disposition of same to processors and/or cold storage, and/or other
				  sale or shipments as provided for in section
				  201.9  of
				  this order.
(m) New York crop
				  reporting service means the crop reporting service of the Bureau of Statistics
				  of the New York State Department of Agriculture and Markets.
(n) Act means article 25 of the Agriculture
				  and Markets Law of the State of New York.
(o) Marketing season means the period
				  beginning July 1 of any year and extending through June 30 of the following
				  year.
(p) District 1 shall mean the
				  Champlain Valley District, consisting of the counties of Clinton, Essex,
				  Franklin, Fulton, Hamilton, Saratoga, Warren and Washington.
(q) District 2 shall mean the Eastern Hudson
				  Valley District, consisting of the counties of Bronx, Columbia, Dutchess,
				  Kings, Nassau, New York, Putnam, Queens, Rensselaer, Richmond, Suffolk and
				  Westchester.
(r) District 3 shall
				  mean the Western Hudson Valley District, consisting of the counties of Albany,
				  Delaware, Greene, Montgomery, Orange, Otsego, Rockland, Schenectady, Schoharie,
				  Sullivan and Ulster.
(s) District 4
				  shall mean the Central District, consisting of the counties of Broome, Cayuga,
				  Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga,
				  Oswego, St. Lawrence, Tompkins and Tioga.
(t) District 5 shall mean the Lake Country
				  District, consisting of the counties of Chemung, Ontario, Schuyler, Seneca,
				  Steuben, Wayne and Yates, and all portions of the counties of Alleghany,
				  Livingston and Monroe situated east of the Genesee River.
(u) District 6 shall mean the Niagara
				  Frontier District, consisting of the counties of Cattaraugus, Chautauqua, Erie,
				  Genesee, Niagara, Orleans and Wyoming, and those portions of the counties of
				  Alleghany, Livingston and Monroe situated west of the Genesee River.
(v) Direct market sales means retail sale of
				  a grower's own produced apples directly to a consumer.