Agriculture & Markets - Licensing of Farm Products Dealers - Statement of policy and application of article

Published: 2017-08-04

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§ 244. Statement of policy and application of article. 1. This article
is enacted in the exercise of the police power of the state and its
purposes generally are to suppress and prevent unfair and fraudulent
practices in the marketing within this state of farm products produced
therein and to safeguard the producers and dealers of this state in
certain marketing transactions relative to such farm products. This
article shall apply only to transactions concerning farm products
produced within this state, or concerning livestock produced outside the
state when such transactions are either entered into or attempted within
the state, and where such transactions involve a dealer doing business
within this state. Farm products shipped from a point within this state
shall be presumed to have been produced within the state.

2. (a) This article shall not apply to the sale of farm products at
auction held at the premises of the owner of said farm products and
where said sales do not exceed one sale a year, nor to any agricultural
cooperative corporation as defined in subdivision (a) of section one
hundred eleven of the cooperative corporations law when receiving,
processing, and marketing farm products of its producer members, nor to
persons required to file and maintain a mandatory surety under the
federal packers and stockyards act with respect to their transactions
regulated under that act.

(b) The licensing, bonding and stated grape price provisions of this
article shall not apply to: (i) any person whose annual dealings in farm
products do not exceed the sum of twenty thousand dollars; or (ii) any
agricultural cooperative with respect to the receipt, processing and
marketing of grapes or grape products of its producer members or
non-members of such cooperative on the basis of their patronage,
provided, however, that the annual purchase of grape or grape products
from non-members of such cooperative shall not exceed the sum of one
hundred thousand dollars; or (iii) a charitable not-for-profit
organization which receives for distribution donated farm salvage, as
defined in section two hundred seventeen of this chapter.