Agriculture & Markets - Milk Control - Actions to eliminate trade barriers

Published: 2014-09-22

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§ 258-r. Actions to eliminate trade barriers. 1. Any dairy farmer or
cooperative producing milk within this state, any licensed milk dealer
or general farm organization may file a complaint with the commissioner
alleging that unconstitutional or otherwise illegal barriers to or
burdens upon interstate commerce in milk or other dairy products exist
in the laws, regulations or practices of any other state, or in the
municipalities, agencies or instrumentalities thereof or in the
regulations or practices of any federal agency. The complaint shall
specify the nature of such barriers or burdens and the manner in which
the complainant, or its individual members, is aggrieved thereby.

2. The commissioner shall determine whether such barriers or burdens
have or may ultimately have an adverse impact upon New York producers or
dealers generally and determine whether the public interest would be
served by their elimination. If the commissioner concludes that action
upon such complaint is in the general public interest of this state, he
shall refer the complaint to the attorney general. The commissioner
shall, within ninety days of the receipt of such complaint, inform in
writing, the complainant and the attorney general as to the status
thereof. Upon making a determination with respect to such complaint, the
commissioner shall provide to the complainant and the attorney general a
written statement of such determination setting forth the reasons

3. The commissioner shall maintain a continuing review of the laws,
regulations and policies of the eleven Northeast states, their
municipalities and federal agencies for the purpose of identifying
unconstitutional or illegal barriers to the marketing of New York milk
and dairy products. The commissioner may initiate and refer to the
attorney general his own complaints with respect to any such barriers.

4. Upon referral of any complaint by the commissioner, the attorney
general may bring an action in any state or federal court within or
outside the state, for the purpose of invalidating such barriers or
burdens upon interstate commerce and for such other relief as may be
appropriate. The attorney general may bring such action in a parens
patriae capacity.

5. The attorney general shall, within ninety days of receipt of such
referral, inform the commissioner in writing as to the status of such
referral. Upon deciding whether to commence an action with respect to
the complaint, the attorney general shall provide to the commissioner a
written statement of such decision and the reasons therefor.