reglab/statecodes huggingface dataset:
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 202.8 - Marketing research

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, to carry on or cause
					 to be carried on marketing research or marketing study 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 202 - Sour Cherry Marketing Order › Section 202.9 - Information service

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is authorized to provide for informational
					 service designed to keep producers informed on crop, pack, market research and
					 promotion and to expend such monies as may be available and required to
					 disseminate such information. The commissioner may contract with New York
					 Cherry Growers Association for such service. Specific information obtained from
					 examination of the books and records of growers and processors shall be treated
					 as confidential.
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 202.10 - Budget and assessment

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294(2)
During each marketing season and not later than July first,
					 the commissioner shall estimate a budget necessary for the administration and
					 enforcement of this order and for carrying on duly authorized activities,
					 including advertising, promotion, marketing research and informational service.
					 The commissioner shall announce a rate of assessment to provide adequate funds
					 to defray expenditures in the budget. The rate of assessment shall not exceed
					 $10 per ton of sour cherries, and shall not 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 202 - Sour Cherry Marketing Order › Section 202.11 - Collection of assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each processor receiving and processing sour cherries shall be responsible for
				  the collection of any assessment fixed by the commissioner upon sour cherries,
				  and liable for the payment thereof as in this order provided.
(b) For each grower from whom processor
				  receives sour cherries, such processor shall deduct, from monies owed to the
				  grower, the assessment on the marketable cherries so received.
(c) At least 50 percent of all assessment
				  shall be paid pursuant hereto on or before September 15th of the marketing
				  season, and the remaining amount shall be due and payable on or before December
				  15th of the marketing season.
(d)
				  In case of delivery of sour cherries to processors outside of New York State,
				  the grower or other seller shall be liable and responsible for remittance of
				  assessment to the commissioner or to the designated fiscal agent.
(e) Any person other than a grower making
				  delivery of sour cherries or causing sour cherries to be delivered to a
				  processor shall, for assessment purposes, be treated in the same manner as if
				  such person were the grower of the cherries. When cherries are resold by a
				  processor prior to processing, the seller shall be responsible for said
				  cherries for assessment purposes.
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 202.12 - Disbursement of funds

Current through Register Vol. 46, No. 28, July 10, 2024
Disbursement of funds shall be made in the manner described
					 in the Act and in the rules and regulations promulgated by the commissioner to
					 effectuate the provisions and intent of the Act.
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 202.13 - Termination

Current through Register Vol. 46, No. 28, July 10, 2024
This marketing order may be terminated or suspended
					 pursuant to the provisions of the Agriculture and Markets
					 Law.
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 202.14 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This order shall take effect on the first day of July,
					 1958.
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 202.15 - Rates of assessment

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294
1993-1994
The rate of assessment to be paid pursuant to this order
					 for the period July 1, 1993 through June 30, 1994 is hereby established at $10
					 per ton of sour cherries.
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 202.16 - Surplus moneys order

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294(8)
Whereas,
As of June 30, 1993, there is a
					 surplus under the sour cherry marketing order known as F.V. No. 1 (1 NYCRR Part
					 202), in the sum of $51,692.29, and
Whereas,
Upon investigation and
					 recommendation of the administrator of said order, the said moneys should be
					 retained to defray the costs of operating such marketing order in the
					 succeeding marketing season,
Now, therefore,
I, Richard McGuire,
					 Commissioner of Agriculture and Markets of the State of New York, do find,
					 pursuant to section 294, subdivision 8,  of the Agriculture and Markets Law,
					 that said $51,692.29 is necessary to defray the costs of operating such
					 marketing order in the succeeding marketing season, and I do,
					 accordingly,
Order,
That said moneys shall be carried
					 over into the next succeeding marketing season for the purposes of said
					 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 203 - New York State Onion Research And Development Program › Section 203.2 - Program area

Current through Register Vol. 46, No. 28, July 10, 2024
The area affected by this program 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 203 - New York State Onion Research And Development Program › Section 203.3 - Establishment and members of advisory board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall appoint eight
				  members of the board who shall be growers, and one member shall be a
				  representative of the department or the public generally, and shall be neither
				  grower nor handler.
(b) Grower
				  members of the advisory board shall be selected and appointed by the
				  commissioner from nominations as provided in section
				  203.4 
				  of this Part.
(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 or her unexpired term shall
				  be selected by the commissioner from previously unselected nominations made in
				  the manner specified in section
				  203.4 
				  of this Part. In the event additional nominations are needed, the commissioner
				  shall obtain such nominations in the same manner as provided in section
				  203.4 
				  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 203 - New York State Onion Research And Development Program › Section 203.4 - Nominations for advisory board membership

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
				  commissioner shall cause to be held a meeting or meetings of New York State
				  onion growers in each of the eastern, central and western areas. At these
				  meetings, growers in attendance shall nominate a total of 16 growers to be
				  eligible for appointment as members of the advisory board. Of the 16 nominees,
				  eight shall be growers from the eastern area, four shall be growers from the
				  central area, and four shall be growers from the western area.
(2) The commissioner shall appoint four
				  advisory board members from nominees made from the eastern area, two advisory
				  board members from nominees made from the central area, and two advisory board
				  members from nominees made from the western area. For the central area, one
				  board member must be from Madison County and one from one of the remaining
				  counties in the central area.
(3)
				  The first such grower meeting or meetings shall be called by the commissioner
				  not later than December 31, 1985. Beginning in 1986 in the eastern area, in
				  1987 in the central area and in 1988 in the western area, triennial meetings
				  shall be held between July 1st and December 31st of each marketing season for
				  as long as this program 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 203 - New York State Onion Research And Development Program › Section 203.5 - Acceptance and terms of office

Current through Register Vol. 46, No. 28, July 10, 2024
(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) Members shall serve
				  at the pleasure of the commissioner for one term of three years; provided,
				  however, that they shall continue to serve until their successor has been duly
				  appointed and qualified; and provided, further, that initial nominations and
				  appointments shall be effective upon qualification and beginning January first
				  for a one-year term in the eastern area, for a two-year term in the central
				  area, and for a three-year term in the western area beginning on the first day
				  of January following the effective date of the program.
(c) In the event of the failure of growers to
				  provide nominations as hereinbefore provided, the commissioner shall make the
				  necessary appointments in such a manner as he shall deem appropriate; provided,
				  however, that of the eight grower members of the board, no more than four shall
				  be growers whose farms are located in the eastern area, no more than two shall
				  be growers whose farms are located in the central area, and no more than two
				  shall be growers whose farms are located in the western area.
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 203 - New York State Onion Research And Development Program › Section 203.6 - 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
					 program, 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 program;
(b) recommending to the commissioner such
				  amendments to the program as seem advisable;
(c) the preparation and submission to the
				  commissioner of the estimated budget required for the proper operation of the
				  program;
(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; and
(f) the performance of such other duties in
				  connection with the program 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 203 - New York State Onion Research And Development Program › Section 203.7 - 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 State College of Agriculture and Life
					 Sciences, to carry on or cause to be carried on onion production, marketing,
					 storage, product or byproduct research, and to expend any available monies for
					 such purpose and pursuant to this program.
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 203 - New York State Onion Research And Development Program › Section 203.8 - Advertising, promotion and publicity of onions and onion products

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is hereby authorized to contract with any
					 person to carry on or cause to be carried on such promotion, advertising and
					 publicity programs as he may believe will create new markets for onions 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 program. 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.
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 203 - New York State Onion Research And Development Program › Section 203.9 - Information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner is hereby authorized to contract with any person or persons to
				  provide for informational services designed to keep producers informed on onion
				  crop production, packaging, storage holdings, marketing and research,
				  promotion, advertising and publicity programs and any other onion industry
				  information determined important to growers, 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 means for budget estimation and
				  adjustment as required in section
				  203.10  of
				  this program hereinafter specified during each marketing season not later than
				  July 1st, each onion grower shall file with the commissioner each year, on
				  forms prescribed and supplied by him, a declaration of planted acres of onions
				  in production.
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 203 - New York State Onion Research And Development Program › Section 203.10 - Budget and assessment

Current through Register Vol. 46, No. 28, July 10, 2024
During each marketing season, and not later than April
					 first, the commissioner shall estimate a budget necessary for the
					 administration and enforcement of this program and for carrying on duly
					 authorized programs and activities, including research, advertising, promotion
					 and publicity, marketing and informational services as herein provided, with
					 the following limitations: The amount of budgeted costs for advertising,
					 promotion and publicity shall not exceed 10 percent of the total budget. The
					 amount of budgeted costs to provide informational services shall not exceed 10
					 percent. The amount of budgeted administrative costs shall not exceed five
					 percent. The rate of assessment shall not exceed $4 per acre of planted onions
					 in production.
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 203 - New York State Onion Research And Development Program › Section 203.11 - Collection of assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each grower shall be responsible for the payment of the proper assessment upon
				  the number of acres of onions in production.
(b) All program assessments due shall be
				  remitted to the commissioner or the designated fiscal agent on or before
				  January 1st. Such annual remittances and accounting shall be inclusive of the
				  declared planted acres of onions in production in each marketing
				  season.
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 203 - New York State Onion Research And Development Program › Section 203.12 - 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
					 program.
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 203 - New York State Onion Research And Development Program › Section 203.13 - Termination and periodic referendum

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This program 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 six-year period that the program is in effect, the commissioner
				  shall conduct a referendum of onion growers in the area affected to
				  substantiate approval of the program; and provided further, in the event a
				  petition to terminate or suspend the program is exercised as provided herein, a
				  new six-year period will begin effective the first of April following the date
				  of certification of approval of the program 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 203 - New York State Onion Research And Development Program › Section 203.14 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This program shall take effect on the first day of July
					 1985.
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 203 - New York State Onion Research And Development Program › Section 203.15 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Any grower whose aggregate number of planted acres of
					 onions in production in any marketing season is less than five shall be exempt
					 for that marketing season.
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 203 - New York State Onion Research And Development Program › Section 203.16 - Rate of assessment

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294
1993-1994
The rate of assessment to be paid pursuant to this program
					 for the period April 1, 1993 through March 31, 1994 is hereby established at $4
					 per acre.
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 203 - New York State Onion Research And Development Program › Section 203.17 - Surplus moneys order

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 294(8)
WHEREAS, As of March 31, 1993 there is a surplus under the
					 onion marketing order known as F.V. No. 1 (1 NYCRR Part 203), in the sum of
					 $34,954.15, and
WHEREAS, Upon investigation and recommendation of the
					 administrator of said order, the said moneys should be retained to defray the
					 costs of operating such marketing order in the succeeding marketing
					 season,
NOW, THEREFORE, I, Richard McGuire, Commissioner of
					 Agriculture and Markets of the State of New York, do find, pursuant to section 294, subdivision 8,  of the Agriculture and Markets Law, that said $34,954.15 is
					 necessary to defray the costs of operating such marketing order in the
					 succeeding marketing season, and I do, accordingly,
ORDER, That said moneys shall be carried over into the next
					 succeeding marketing season for the purposes of said 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 204 - New York State Apple Research And Development Program › Section 204.2 - Program area

Current through Register Vol. 46, No. 28, July 10, 2024
The area affected by this program 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 204 - New York State Apple Research And Development Program › Section 204.3 - 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 him in the administration
				  of this marketing order. Six members of the board shall be growers, one member
				  shall be a processor representative, one member shall be appointed to represent
				  handlers, and one member shall be representative of the department or the
				  public generally and shall be neither grower, nor processor, nor
				  handler.
(b) Grower, processor,
				  handler members of the advisory board shall be selected and appointed by the
				  commissioner as provided in section
				  204.4 
				  of this Part.
(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 a
				  manner specified in section
				  204.4 
				  of this Part. In the event additional nominations are needed, the commissioner
				  shall obtain such nominations in the same manner as provided in section
				  204.4 
				  of this Part 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 204 - New York State Apple Research And Development Program › Section 204.4 - Nominations for advisory board membership

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
				  Commissioner shall cause to be held a meeting or meetings of New York State
				  apple growers at which time growers in attendance shall nominate a total of 12
				  growers to be eligible for appointment as members of the advisory board. Of the
				  12 nominations, six shall be growers whose farms are located in the Western
				  production area, six shall be growers whose farms are located in the eastern
				  production area.
(2) The
				  Commissioner shall appoint three advisory board members from nominations made
				  from the western production area, and three advisory board members from
				  nominations made from the eastern production area.
(3) The first such grower meeting or meetings
				  shall be called by the Commissioner not later than January 31, 1991. Beginning
				  in 1993 in the western and eastern production areas triennial meetings shall be
				  held prior to March 31st of each marketing season for as long as this 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 204 - New York State Apple Research And Development Program › Section 204.5 - Acceptance and terms of office

Current through Register Vol. 46, No. 28, July 10, 2024
(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) Members shall serve
				  at the pleasure of the commissioner for one term of three 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
				  renomination and re-appointment when otherwise qualified; and, provided
				  further, that initial appointments of members shall be effective upon
				  qualification and shall terminate March 31, 1993.
(c) In the event of the failure of growers or
				  organizations such as the Associated New York State Food Processors, or
				  successor organizations by whatever name known, or any New York State
				  organizations representing processors or growers, to provide nominations as
				  hereinbefore provided, the commissioner shall make the necessary appointments
				  in such a manner as he shall determine provided, however, that of the six
				  grower members, no more than three shall be growers whose farms are located in
				  the eastern production area, and three shall be growers whose farms are located
				  in the western production area and further provided that one handler shall be
				  appointed whose principle business is located in either the western or the
				  eastern production area.
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 204.6 - 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 that includes contract funding allocations
				  covering specific board approved research projects required for the proper
				  operation of the program;
(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; and
(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 204 - New York State Apple Research And Development Program › Section 204.7 - Research

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is hereby authorized to contract with the
					 advice of the advisory board any person or persons, such as the New York State
					 College of Agriculture and Life Science to carry on or cause to be carried on
					 apple production, harvesting, storage and marketing quality research, and to
					 expend any available monies for such purpose and pursuant to 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 204 - New York State Apple Research And Development Program › Section 204.8 - Informational services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The commissioner is hereby authorized to contract with the advice of the
				  advisory board any person or persons, to provide for informational services
				  designed to keep producers informed on research information deemed important to
				  growers 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 means for budget estimation and
				  adjustments as required in section
				  204.9  of
				  this Part hereinafter specified during each marketing season not later than
				  November 15th 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 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 204 - New York State Apple Research And Development Program › Section 204.9 - Budget and assessment

Current through Register Vol. 46, No. 28, July 10, 2024
During each marketing season and not later than July 1, the
					 commissioner shall estimate a budget that includes contributions and
					 assessments necessary for the administration and enforcement of this order and
					 for carrying on duly authorized programs and activities including 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 four
					 cents per hundred pounds of apples or 16 mils (.016) per bushel of apples sold
					 for processing, juice or fresh market use. 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 204 - New York State Apple Research And Development Program › Section 204.10 - 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 cold storage, said storage operator
				  shall deduct from monies owed to grower the proper assessment on the bushels or
				  bushel equivalent sold or otherwise transferred from storage or in the event
				  the storage operator is not the seller shall include 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 204 - New York State Apple Research And Development Program › Section 204.11 - Disbursement of funds

Current through Register Vol. 46, No. 28, July 10, 2024
Disbursement of funds shall be made in the manner described
					 in the act and in the rules and regulations promulgated by the commissioner to
					 effectuate the provisions and intent of the act, and in accordance with the
					 provisions of this program.
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 204.12 - Termination and periodic referendum

Current through Register Vol. 46, No. 28, July 10, 2024
(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
				  thereto.
(b) At least once during
				  each six-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 and, provided further, in the event a petition to
				  terminate or suspend the order is exercised as provided herein, a new six-year
				  period will begin the first of April, following the date of the commissioner's
				  certification of the approval of the 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 204 - New York State Apple Research And Development Program › Section 204.13 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This order shall take effect on the first day of August
					 1990.
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 204.14 to 204.15 - 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 205 - New York State Cabbage Research And Development Program › Section 205.2 - Program area

Current through Register Vol. 46, No. 28, July 10, 2024
The area affected by this program 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 205 - New York State Cabbage Research And Development Program › Section 205.3 - 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 him in the administration
				  of this marketing order. Seven members of the board shall be growers, one
				  member shall be a processor representative, and one member shall be appointed
				  to represent handlers.
(b) Grower,
				  processor, handler members of the advisory board shall be selected and
				  appointed by the commissioner as provided in section
				  205.4 
				  of this Part.
(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 expired term shall be
				  selected by the commissioner from previously unselected nominations made in a
				  manner specified in section
				  205.4 
				  of this Part. In the event additional nominations are needed, the commissioner
				  shall obtain such nominations in the same manner as provided in section
				  205.4 
				  of this Part 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 205 - New York State Cabbage Research And Development Program › Section 205.4 - Nomination for advisory board membership

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall solicit
				  nominations from New York cabbage growers, New York cabbage processing
				  associations and New York cabbage handler associations, to be eligible for
				  appointment to the advisory board.
(b) Not more than one member shall be
				  appointed from any single grower, processor or handler operation.
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 205 - New York State Cabbage Research And Development Program › Section 205.5 - Acceptance and terms of office

Current through Register Vol. 46, No. 28, July 10, 2024
(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) Members shall serve
				  at the pleasure of the commissioner for one term of three 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
				  renomination and reappointment when otherwise qualified; and provided further,
				  that initial appointments of members shall be effective upon qualification and
				  shall terminate at the completion of the three year term.
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 205 - New York State Cabbage Research And Development Program › Section 205.6 - 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 that includes contract funding allocations
				  covering specific board approved research projects required for the proper
				  operation of the program;
(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; and
(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 205 - New York State Cabbage Research And Development Program › Section 205.7 - Research

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is hereby authorized to contract with,
					 upon the advice of the advisory board, any person or persons, such as the
					 Cornell University College of Agriculture and Life Sciences, to carry on or
					 cause to be carried on cabbage production, harvesting, storage, and marketing
					 quality research, and to expend any available monies for such purpose and
					 pursuant to 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 205 - New York State Cabbage Research And Development Program › Section 205.8 - Informational services

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner is hereby authorized to contract with,
					 upon the advice of the advisory board, any person or persons to provide for
					 informational services designed to keep producers informed on research
					 information deemed important to growers and to expend such monies as may be
					 available and required to obtain and disseminate such
					 information.
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 205 - New York State Cabbage Research And Development Program › Section 205.9 - 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 that includes contributions and
					 assessments necessary for the administration and enforcement of this order and
					 for carrying on duly authorized programs and activities including marketing,
					 product research and informational services as hereinbefore provided. The
					 commissioner shall announce upon recommendation of the advisory board, a rate
					 of assessment not to exceed $4 per acre to defray expenditures under this
					 program. The rate of assessment shall remain in effect for the duration of the
					 program unless changed by the commissioner. 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 205 - New York State Cabbage Research And Development Program › Section 205.10 - 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 for the
				  acres of cabbage which he planted during the marketing season.
(b) All growers shall make accounting and
				  remittance of the proper assessment to the commissioner or his designated
				  fiscal agent on an annual basis not later than December 15th of each marketing
				  season.