reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter E - Grapes (Article 13-B Agriculture and Markets Law) › Part 195 - Standards For Grapes › Section 195.4 - Application of tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
The tolerances specified for the various grades are placed
					 on a container basis. The averages for an entire lot, based on sample
					 inspection, must be within the tolerances specified. The contents of individual
					 containers in any lot however may vary from the specified tolerances subject to
					 the following limitations: Not over one-fourth of the individual packages in
					 any lot may contain more than one and one-half times the tolerances specified
					 except that any container shall not have more mold or decay than the amount
					 specified in the tolerance.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter E - Grapes (Article 13-B Agriculture and Markets Law) › Part 196 - Rules And Regulations Relating To Grapes › Section 196.1 - Closed packages

Current through Register Vol. 46, No. 28, July 10, 2024
The term "closed packages" shall be deemed to include
					 baskets equipped with covers, whether such covers be in one solid piece or of
					 the type commonly known as "slat" covers, whether they be flat or raised
					 covers, and whether they be attached to the basket by hooks or held in place by
					 the handle of the basket.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter E - Grapes (Article 13-B Agriculture and Markets Law) › Part 196 - Rules And Regulations Relating To Grapes › Section 196.2 - Branding and marking

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Grade. The law requires that all closed packages of grapes be marked prior to
				  shipment either with the word "unclassified" or else with one of the grade
				  designations which have been officially established by the Commissioner of
				  Agriculture and Markets, namely: "U.S. Fancy Table Grapes," "U.S. No. 1 Table
				  Grapes," "U.S. No. 1 Juice Grapes," or any of these grade designations with the
				  word "Mixed" added. This marking shall be placed in a conspicuous position on
				  an irremovable part of the container--on the side or end of the package, or on
				  the handle of a climax basket if the handle is of wood.
(b) Net contents.
(1) The required mark to indicate net
				  quantity of the contents in terms of weight or measure must be placed on an
				  irremovable part of the container--on the side or end of the package, or on the
				  handle of a climax basket if the handle is of wood.
(2) If the net quantity be stated in terms of
				  measure, the package must be packed fully and firmly, so that the
				  representation of quantity will be accurate at each sale and re-sale of the
				  package.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter E - Grapes (Article 13-B Agriculture and Markets Law) › Part 196 - Rules And Regulations Relating To Grapes › Section 196.3 - Deceptive marking or labeling

Current through Register Vol. 46, No. 28, July 10, 2024
Section 160-k  of the Agriculture and Markets Law
					 prohibits the shipment and sale of grapes either in open or closed packages if
					 the packages or the label on the packages shall bear any statement, design, or
					 device which is false or misleading in any particular.
Statements such as: "Fancy" on native American varieties of
					 grapes which do not meet the grade "U.S. Fancy Table Grapes"; the designation
					 "Number 1" applied to native grapes which do not meet the standard for "U.S.
					 No. 1 Table Grapes" ; or the use of any deceptive term in connection with
					 grapes shipped or sold as "Unclassified," which shall imply that they are other
					 than variable, unknown, or poor in quality; and all statement similarly
					 misleading or false will be deemed in violation of this section of the
					 law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter E - Grapes (Article 13-B Agriculture and Markets Law) › Part 196 - Rules And Regulations Relating To Grapes › Section 196.4 - General application

Current through Register Vol. 46, No. 28, July 10, 2024
The portions of the law and of these regulations dealing
					 with false and misleading statements, designs, and advertising, and those
					 requiring that the shown surface of the package shall truly represent the
					 average contents of the package, shall be deemed to apply to all grapes of
					 whatever description offered for sale or sold in New York State, whether
					 produced in this State or elsewhere or whether they be of native American or
					 Vinifera varieties.
The portions of the law and regulations dealing with
					 grades, sale by grades, marking to show whether graded or ungraded, and name of
					 person or association under whose authority the packing is done, together with
					 the definitions and grades established under the authority contained in the
					 law, shall be deemed to apply to native American varieties of grapes, packed or
					 repacked in New York State.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter E - Grapes (Article 13-B Agriculture and Markets Law) › Part 197 - Farm Winery Certification And Application For Authorization To Manufacture Or Sell Wine Produced Form Grapes Grown Outside New York State › Section 197.1 - Form for certification and application

Current through Register Vol. 46, No. 28, July 10, 2024
Applications by farm wineries, pursuant to subdivision 42
					 of section 16  of the Agriculture and Markets Law and
					 subdivision 5 of section 76-a  of the Alcoholic Beverage Control Law
					 for authorization to manufacture or sell wine produced form grapes grown
					 outside New York State; and certifications as to the quantity of New York grown
					 grapes unavailable due to natural disaster, act of God or continuing adverse
					 weather condition shall be made using the following form:
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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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				  means the Commissioner of Agriculture and Markets of the State of New
				  York.
(b) Department means the
				  Department of Agriculture and Markets.
(c) The terms agricultural commodity,
				  producer, handler, processor, distributor, marketing agreement and marketing
				  order shall have the same meaning as is given such terms in section 293  of the Agriculture and Markets
				  Law.
(d) The term person includes a
				  firm, corporation, partnership, company or unincorporated
				  association.
(e) Grade means the
				  official United States or New York State terminology applied to an agricultural
				  commodity as determined by the presence or absence of certain quality and type,
				  and characteristics and other related factors.
(f) Product means an agricultural commodity
				  which has been produced by the producer and placed in condition for sale or
				  distribution by the producer, handler, processor or distributor.
(g) Marketable agricultural product is a
				  product which meets the requirements of any marketing order, marketing
				  agreement or regulation in effect in the area in which the same is produced or
				  handled.
(h) The words container
				  and original container shall be construed as such words are respectively
				  defined by sections 192 and
				  190  of the Agriculture and Markets
				  Law.
(i) Production area shall mean
				  that territory consisting of a county or town, or parts thereof, or any
				  combination of counties or towns, or parts thereof, designated by the
				  commissioner and wherein is produced any particular agricultural commodity
				  proposed for regulations by a marketing agreement or a marketing
				  order.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.2 - Interpretations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the language
				  of any marketing agreement or order, the present tense shall include the past
				  and future tenses, and the future tense shall include the present. The
				  masculine gender shall include the feminine and neuter. The singular number
				  includes the plural and vice versa.
(b) County, town, city or village shall mean
				  a municipal corporation of the State of New York, and the inhabitants within
				  its boundaries.
(c) The word sell
				  includes offer for sale, expose for sale, have in possession for sale,
				  exchange, barter or trade.
(d)
				  Marketing area shall mean any county, city, town or village or two or more
				  counties, cities, towns or villages or any combination or parts thereof
				  designated by the commissioner.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.3 - Marketing order

Current through Register Vol. 46, No. 28, July 10, 2024
Any producer or group of producers of a particular
					 agricultural commodity or commodities may petition the commissioner for an
					 order. The petition shall be in writing and shall set forth in concise terms
					 the particular marketing situation and economic condition thereof regarding
					 which it is alleged a marketing order is needed and such petition shall be
					 verified. The commissioner shall investigate the allegations of the petition
					 and if he is satisfied that the subject or condition alleged warrants a hearing
					 he shall call a hearing on the petition so filed.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.4 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Written notice of any such hearing called to consider a
					 marketing order, the amendment, suspension or termination of a marketing order
					 shall be given. It shall be mailed to every person who, with respect to a
					 particular order, files in the office of the commissioner a written request for
					 such notice. It shall be posted on a public bulletin board maintained by the
					 commissioner in the Department of Agriculture and Markets at Albany, New York,
					 and a copy of such notice shall be published in the New York State Register of
					 the Department of State and in at least two newspapers having general
					 circulation in the area affected by the proposed marketing order as the
					 commissioner may decide. It shall specify which method or methods of approval
					 set forth in subdivision 2 of section 294  of the Agriculture and Markets Law the
					 commissioner is considering using in the event a referendum vote is
					 appropriate, as set forth more fully in section
					 200.6  of this
					 Part.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.5 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
On any administrative hearing, those who favor or support a
					 marketing order shall be called the "petitioners." Those who oppose or who do
					 not favor an order shall be called "respondents."The presiding officer shall be
					 designated by the commissioner and shall be known as the "hearing master." He
					 shall have complete control of the hearing. Parties may be represented by
					 attorney and the practice established by section 34  of the Agriculture and Markets Law shall
					 be followed. A written record of proceedings shall be made and proof of
					 publication of the notice of hearing shall be filed as part of the hearing
					 record. After the close of the hearing, the hearing master shall refer the
					 proceeding to the commissioner with his written
					 recommendation.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.6 - Referendum

Current through Register Vol. 46, No. 28, July 10, 2024
If after such hearing the commissioner shall find upon the
					 testimony given at the hearing the existence of conditions referred to in
					 section 292  of the Agriculture and Markets Law which
					 result in an unreasonable and unnecessary economic waste and respect to the
					 agricultural commodity covered by the hearing notice and that the declared
					 public policy of such section should be effectuated, he shall submit the
					 proposed order to a referendum vote as provided by subdivision 2 of section 294  of the Agriculture and Markets Law. If
					 after such hearing, the commissioner shall find upon said testimony that such
					 conditions do not exist with respect to the agricultural commodity covered by
					 the notice of hearing, he shall render a decision in accordance with such
					 finding and shall not submit the proposed order to any
					 referendum.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.7 - Publication

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the promulgation of an approved marketing order, an
					 effective date therefor shall be entered by the commissioner who shall publish
					 the same in accordance with section 19  of the Agriculture and Markets Law and
					 section 102  of the Executive Law. A copy of such
					 order shall be filed with the secretary of the department and posted on a board
					 for that purpose maintained by the Division of Markets.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.8 - Decision of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Every marketing order shall be accompanied by a written
					 decision of the commissioner, and such decision shall recite the referendum
					 vote for and against the order and shall contain a certification that the
					 percentage of producers required to approve the order, as provided in section 294, subdivision 2  of the Agriculture and Markets Law, has been met. If a
					 marketing order is not approved, a written decision shall be rendered by the
					 commissioner stating the number of votes against and for approval, and
					 certifying that the percentage of producers required to approve the order, as
					 provided by the aforesaid subdivision of the law, has not been
					 met.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.10 - Payment of monies

Current through Register Vol. 46, No. 28, July 10, 2024
Disbursement of money may only be made on a verified
					 voucher which, except in the case of an employee, shall be filed by claimant.
					 Such voucher shall be submitted to the Comptroller for audit on an abstract
					 certified by the commissioner. Payment shall be made by check countersigned by
					 the Comptroller. Each month the balance in each fund shall be reported to the
					 Comptroller by the commissioner's finance officer.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.11 - Form of abstract

Current through Register Vol. 46, No. 28, July 10, 2024
The abstract of vouchers rendered shall show the balance of
					 cash on hand as per previous statement, the collections received since the last
					 statement, the interest on the bank balance, any miscellaneous receipts, a
					 deduction for vouchers itemized in the schedule and the balance remaining on
					 hand.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.12 - Suspension of order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  exercising the authority given him by subdivision 4 of section 294  of the Agriculture and Markets Law,
				  temporarily to suspend an effective marketing order, the commissioner on his
				  own motion may conduct an investigation, and if he has reason to believe that
				  during any one growing or marketing season regulation by a marketing order is
				  not within the declared legislative purposes and policy, he may call a hearing
				  on notice to consider suspension of the operation of the order.
(b) A petition to suspend an order under
				  subdivision 4 of section 294 may be filed with the commissioner by any person
				  showing a proper interest therein. If the commissioner has reason to believe,
				  after an investigation of his own, that such petition presents a sufficient
				  cause for further consideration, he shall call a hearing on notice to consider
				  suspension of the operation of the order identified in the petition.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.13 - Termination of order

Current through Register Vol. 46, No. 28, July 10, 2024
If termination of a marketing order is sought by petition
					 pursuant to subdivision 2 of section 294  of the Agriculture and Markets Law, or
					 if the commissioner shall decide in the exercise of his discretion that an
					 order should be terminated, he shall hold a hearing on notice as hereinbefore
					 specified, and shall conduct the prescribed referendum vote of producers in the
					 area affected. The vote shall be announced as heretofore mentioned by section
					 200.8 
					 of this Part. If the vote is to terminate, the commissioner shall certify that
					 50 per centum of the producers participating in the referendum approved
					 termination. If the vote is against termination, the decision shall state the
					 vote and certify that less than 50 per centum of the producers participating in
					 the referendum approved termination.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.14 - Amendment procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever 25 per centum of the producers in an area who seek
					 an amendment of the order file a written petition duly signed by them, the same
					 procedure adopted herein for the issuance of an original order shall be
					 followed. If after hearing the commissioner shall find the existence of
					 conditions referred to in section 292  of the Agriculture and Markets Law which
					 will result in an unreasonable or unnecessary economic waste with respect to
					 the agricultural commodity covered by the hearing notice, only the amendment or
					 amendments shall be submitted to a referendum vote and the approval of 50 per
					 centum of such producers participating in the referendum vote shall in such
					 event be required to effectuate such amendment or amendments. As in the case of
					 the promulgation of an original marketing order, an amendment thereof shall be
					 accompanied by a written decision of the commissioner reciting the referendum
					 vote and containing a certification of said 50 per centum approval. If after
					 such hearing the commissioner shall not find the existence of said conditions
					 he shall render a decision in accordance with his finding and shall not submit
					 the proposed amendment or amendments to a referendum vote. If the commissioner,
					 in the absence of a petition, shall move to amend an order pursuant to
					 subdivision 2 of section 294  of the Agriculture and Markets Law, he
					 shall hold a hearing on notice as set forth in section
					 200.4  of this Part and
					 shall follow the procedure respecting decision as stated in this
					 section.
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 200 - Rules And Regulations Relating To Marketing Orders › Section 200.15 - Commission empowered by law

Current through Register Vol. 46, No. 28, July 10, 2024
In the administration of any marketing order, the
					 commissioner shall have the complete powers given the Department of Agriculture
					 and Markets by the Agriculture and Markets Law which shall be construed to aid
					 and assist him carrying out the intent and purpose of article
					 25.
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 201.2 - Marketing order area

Current through Register Vol. 46, No. 28, July 10, 2024
The area affected by this order shall be the State of New
					 York.
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 201.3 - Establishment and members of advisory board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall appoint an
				  advisory board consisting of nine members to advise and assist him in the
				  administration of this marketing order. Six members of the board shall be
				  growers; one of the members shall be a processor, one of the members shall be a
				  storage operator who shall be neither grower nor processor; and one member
				  shall be a representative of the department or the public generally and shall
				  be neither grower nor processor, nor cold storage operator nor other
				  handler.
(b) Grower, processor and
				  storage operator members of the advisory board shall be selected and appointed
				  by the commissioner from nominations as provided in section
				  201.4.
(c) To fill any vacancy caused by the failure
				  of any person selected and appointed as a board member to qualify, or in the
				  event of the death, removal, resignation or disqualification of any member, a
				  successor for his unexpired term shall be selected by the commissioner from
				  previously unselected nominations made in the manner specified in section
				  201.4.
				  In the event additional nominations are needed, the commissioner shall obtain
				  such nominations in the same manner as provided in section
				  201.4 
				  for regular nominations.
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 201.4 - Nominations for advisory board membership

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294(2)
(a)
(1) The
				  commissioner shall cause to be held a meeting or meetings of New York State
				  apple growers, at which time the growers in attendance shall nominate a total
				  of 12 growers to be eligible for appointment as members of the advisory board.
				  Of the 12 nominees, six shall be growers whose farms are located in District 1,
				  2 or 3 and six shall be growers whose farms are located in District 4, 5 or
				  6.
(2) The commissioner shall
				  appoint three advisory board members from nominations made from each of the
				  said areas.
(3) The first such
				  grower meeting or meetings shall be called by the commissioner not later than
				  July 1, 1959. The second meeting or meetings shall be between January 1 and
				  June 1, 1961. Beginning in 1963, biennial meetings shall be called by the
				  commissioner between January 1 and June 1 for as long as this marketing order
				  is in effect.
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 201.5 - Acceptance and terms of office

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294(2)
(a) Any person selected for appointment by
				  the commissioner as an advisory board member shall qualify by filing a written
				  acceptance with the commissioner within 15 days after being notified of such
				  selection.
(b)
(1) Members shall serve at the pleasure of
				  the commissioner for one term of two years; provided, however, that they shall
				  continue to serve until their successors have been duly appointed and
				  qualified; provided, further, that they shall be eligible for re-nomination and
				  re-appointment when otherwise qualified; and provided, further, that initial
				  nominations and appointments shall be effective upon qualification and for one
				  full calendar year beginning or the next January 1 following the effective date
				  of this order.
(2) In the event of
				  the failure of growers, the Associated New York State Food Processors, Inc., or
				  successor organization, by whatever name known, or the New York State
				  Association of Refrigerated Warehouses to provide nominations as hereinbefore
				  provided, the commissioner shall make the necessary appointments in such manner
				  as he shall determine; providing, however, that of the six grower members, no
				  more than three shall be growers whose farms are located in District 4, 5 or 6
				  and no more than three shall be growers whose farms are located in District 1,
				  2 or 3.
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 201.6 - Duties and responsibilities of the advisory board

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the duty of the advisory board to advise and
					 assist the commissioner in all matters pertaining to the operation of this
					 marketing order, subject only to such limitations as may be prescribed in
					 section 294  of the Agriculture and Markets Law. Such
					 duties may specifically include any or all of the following:
(a) the recommendation to the commissioner of
				  administrative rules and regulations relating to the marketing order;
(b) recommending to the commissioner such
				  amendments to the marketing order as seem advisable;
(c) the preparation and submission to the
				  commissioner of the estimated budget required for the proper operation of the
				  marketing order;
(d) recommending
				  to the commissioner methods for assessing members of the industry and methods
				  for collecting the necessary funds;
(e) assisting the commissioner in the
				  collection and assembling of information and data necessary to the proper
				  administration of the order;
(f)
				  the performance of such other duties in connection with the marketing order as
				  the commissioner shall designate.
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 201.7 - Advertising, promotion and publicity of apples and apple products

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is hereby authorized to contract with any
					 person or persons, including the New York Apple Association, Inc. to carry on
					 or cause to be carried on such advertising, promotion, and publicity programs
					 as he may believe will create new markets for apples and/or apple products or
					 maintain present markets therefor. For such purposes he may expend such monies,
					 or any part thereof, as may be available to him pursuant to this order. No
					 advertising, promotion or publicity programs shall be conducted with reference
					 to any particular private brand or trade name and no such program shall
					 disparage the quality, value, sale or use of any other agricultural
					 commodity.
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 201.8 - Marketing and product research

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is hereby authorized to contract with any
					 person or persons, including the New York Apple Association, Inc., to carry on
					 or cause to be carried on apple marketing and/or product research and to expend
					 any available monies for such purpose.
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 201.9 - Information services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The commissioner is hereby authorized to contract with any person or persons,
				  including the New York Apple Association, Inc., to provide for informational
				  services designed to keep producers informed on apple crop, pack, storage
				  holdings, marketing and product research, promotion, advertising and publicity
				  programs and any other apple industry information deemed important to
				  producers, and to expend such monies as may be available and required to obtain
				  and disseminate such information.
(b) To facilitate factual and accurate
				  informational services and to provide a basis for budget estimation and
				  adjustment as required in section
				  201.10  of
				  this order hereinafter specified during each marketing season not later than
				  December 1st each apple grower shall file with the commissioner each year, on
				  forms prescribed and supplied by him a declaration of harvested crop which
				  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 sales or
				  shipments.
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 201.10 - Budget and assessment

Current through Register Vol. 46, No. 28, July 10, 2024
During each marketing season and not later than July 1st,
					 the commissioner shall estimate a budget necessary for the administration and
					 enforcement of this order and for carrying on duly authorized programs and
					 activities including advertising, promotion and publicity, marketing and
					 product research and informational services as hereinbefore provided. The
					 commissioner shall announce rates of assessment to provide adequate funds to
					 defray expenditures in the budget. The rate of assessment shall not exceed:
					 eight cents per hundred pounds of apples delivered to juice or cider processing
					 plants for processing into juice or cider or products thereof; eight cents per
					 hundred pounds of apples purchased or accepted for all other processing; and
					 sixteen cents per bushel or bushel weight equivalent of apples sold for fresh
					 market use; provided, however, the maximum assessment for fresh apples sold for
					 direct market sale shall be eight cents per bushel. It is further provided that
					 none of the foregoing rates of assessment shall exceed the maximum rate
					 authorized in paragraph 2(d) of section 294 of the act. The total amount of
					 budgeted administrative cost shall not exceed five percent of the total
					 budget.
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 201.11 - Collection of assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each grower shall be responsible for payment of the proper assessment upon the
				  apples which he produces and sells or delivers for sale.
(b) Each processor receiving and processing
				  apples shall be responsible for the collection of any assessment fixed by the
				  commissioner upon apples and liable for payment thereof as in this order
				  provided.
(c) For each grower from
				  whom a processor receives apples such processor shall deduct from monies owed
				  to the grower the assessment on the marketable apples so received and report
				  and remit to the Department the amount collected, in accordance with
				  subdivision (g) of this section.
(d) Each storage operator receiving and
				  storing his own apples or other apples shall be responsible for the collection
				  of any assessment fixed by the commissioner and shall be liable for payment
				  thereof as in this order provided.
(e) For each grower for whom storage operator
				  sells or otherwise transfers apples from his cold storage, said storage
				  operator shall deduct from monies owed to the grower the proper assessment on
				  the bushels or bushel equivalent sold or otherwise transferred from storage or
				  in the event storage operator is not the seller shall include charge for the
				  proper assessment in billing grower for storage and other handling charges and
				  shall make payment therefrom, except that in the case of apples put into cold
				  storage for the account of a processor or sold to a processor, such processor
				  shall be responsible for the collection and payment of the proper
				  assessment.
(f) For all apples sold
				  or otherwise marketed by the grower and not placed in storage in New York State
				  and not sold or delivered to a processor in New York State each grower shall be
				  liable and responsible for proper accounting and payment of the proper
				  assessment except that in the case of apples sold or otherwise marketed through
				  grower sales agents or grower sales cooperatives in New York State, such grower
				  sales agents and grower sales cooperatives shall be liable and responsible for
				  the collection, accounting and payment of the proper assessment as fixed by the
				  commissioner.
(g) All growers,
				  processors, grower sales cooperatives, grower sales agents, and storage
				  operators shall make remittance and accounting of the proper assessment to the
				  commissioner or his designated fiscal agent not later than the 15th of each of
				  the months of November, February, May and August. Such quarterly remittance and
				  accounting shall be inclusive of all sales of apples and/or removal of apples
				  from storage through the end of the month just preceding the months herein
				  designated.
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 201.12 - Disbursement of funds

Current through Register Vol. 46, No. 28, July 10, 2024
Disbursement of funds shall be made in the manner described
					 in article 25 of the Agriculture and Markets Law and in the rules and
					 regulations promulgated by the commissioner to effectuate the provisions and
					 intent thereof, and in accordance with the provisions of this
					 order.
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 201.13 - Termination and periodic referendum

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294(2)
(a) This marketing order may be terminated or
				  suspended pursuant to the provisions of article 25 of the Agriculture and
				  Markets Law and the rules and regulations promulgated by the commissioner
				  pursuant thereto.
(b) At least once
				  during each eight-year period that the order is in effect, the commissioner
				  shall conduct a referendum of apple growers in the area affected to
				  substantiate approval of the order, the first such eight-year period to
				  commence July 1, 1973, and provided further, in the event a petition to
				  terminate or suspend the order is exercised as provided herein, a new
				  eight-year period will begin, effective the first of July following the date of
				  certification of approval of the order by the commission.
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 201.14 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This order shall take effect on the first day of July,
					 1959.
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 201.15 to 201.16 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 202 - Sour Cherry Marketing Order › Section 202.1 - 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 has been or may be delegated to act in his
				  stead.
(b) Department means the
				  Department of Agriculture and Markets of the State of New York.
(c) Person means any individual, partnership,
				  corporation, cooperative association, or any other business unit.
(d) Sour cherries means all marketable sour
				  cherries produced in New York State for the purpose of processing.
(e) Grower means any person who produces or
				  causes to be produced sour cherries as herein defined.
(f) Processor means any person, firm,
				  cooperative association, corporation, partnership, company or other business
				  unit which performs any of the functions of processing sour cherries as herein
				  defined.
(g) Process and processing
				  are synonymous terms and mean the operations of receiving, cleaning, grading,
				  canning, freezing, preserving, brining, crushing, juicing, or otherwise
				  preparing sour cherries as herein defined for marketing in any other form than
				  for fresh consumption.
(h) Sour
				  cherry advisory committee means the committee established pursuant to the
				  provision of sections under heading "Sour Cherry Advisory Committee" (§
										202.3 
				  et seq.) in this order.
(i) Books
				  and records means any books, records, contracts, documents, memoranda, papers,
				  correspondence or other written data pertaining to matters relating to this
				  marketing order of any grower or processor directly affected by this marketing
				  order.
(j) Marketing season means
				  the period beginning April 1st of any year and extending through March 31st of
				  the following year.
(k) Act means
				  article 25 of the Agriculture and Markets Law of the State of New
				  York.
(l) Marketable sour cherries
				  means all sour cherries sold to processor and accepted for
				  processing.
(m) Fiscal agent means
				  such trust company as may be designated by the commissioner.
(n) Administration fund means the monies
				  received by the commissioner from assessments on sour cherries delivered by a
				  grower to a processor as provided in sections
				  202.10 
				  -202.12 of this order.
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 202 - Sour Cherry Marketing Order › Section 202.2 - Marketing area

Current through Register Vol. 46, No. 28, July 10, 2024
The sour cherry marketing area affected by this order shall
					 be the State of New York.
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 202 - Sour Cherry Marketing Order › Section 202.3 - Establishment and members of advisory committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall appoint a sour
				  cherry advisory committee, consisting of nine members, to advise with him on
				  the administration of this marketing order. Five members of the committee shall
				  be growers, three of the members shall be processors, and one shall be a
				  representative of consumers and shall be neither a processor nor a
				  grower.
(b) Grower and processor
				  members of the sour cherry advisory committee shall be selected by the
				  commissioner from nominations as provided in section
				  202.4 
				  of this Part.
(c) To fill any
				  vacancy caused by the failure of any person selected as a committee member to
				  qualify, or in the event of the death, removal, resignation or disqualification
				  of any member, a successor for his unexpired term may be selected by the
				  commissioner from previously unselected nominations made in the manner
				  specified in section
				  202.4 
				  of this Part.
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 202 - Sour Cherry Marketing Order › Section 202.4 - Nominations for committee membership

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294(2)
(a)
(1) The
				  commissioner shall cause to be held a meeting of New York State cherry growers,
				  at which time the growers in attendance will nominate 16 growers to be eligible
				  for appointment as members of the sour cherry advisory committee. Eight of said
				  nominees shall be growers whose farms are located east of Rochester, and eight
				  shall be growers whose farms are located west of Rochester.
(2) The next such grower meeting shall be
				  called by the commissioner between January 1, 1974 and June 1, 1974 and,
				  beginning in 1976, biennial meetings shall be held between January first and
				  June first, for as long as this marketing order is in effect. In the event that
				  additional nominations are needed, the commissioner may call a special grower
				  meeting for that purpose.
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 202 - Sour Cherry Marketing Order › Section 202.5 - Acceptance

Current through Register Vol. 46, No. 28, July 10, 2024
Any person selected by the commissioner as a committee
					 member shall qualify by filing a written acceptance with the commissioner
					 within 15 days after being notified of such selection.
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 202 - Sour Cherry Marketing Order › Section 202.6 - Duties and functions of the committee

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the function of the committee to advise with
					 the commissioner on all matters having to do with the promotion, advertising,
					 publicity, marketing research and informational services for sour cherries
					 under this order. Committee members shall serve during the commissioner's
					 pleasure.
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 202 - Sour Cherry Marketing Order › Section 202.7 - Advertising and promotion of sour cherries

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is hereby authorized to contract with any
					 person, including the New York Cherry Growers Association and the National Red
					 Cherry Institute, to carry on or cause to be carried on such promotion,
					 advertising amd publicity programs as he may believe will create new markets
					 for sour cherries or maintain present markets therefor. For such purpose he may
					 expend such monies or any part thereof as may be available to him pursuant to
					 this order. No advertising or promotion programs shall be conducted with
					 reference to any particular private brand or trade name; no such program shall
					 disparage the quality, value, sale or use of any other agricultural
					 commodity.