Agriculture & Markets - Licensing of Farm Products Dealers - Definitions

Published: 2014-09-22

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§ 245. Definitions. 1. "Farm products" includes all agricultural,
horticultural, floricultural, and vegetable and fruit products of the
soil, Christmas trees, livestock and meats, poultry, nuts, honey, maple
tree sap and maple products produced therefrom, wool, hides, hay, straw
and grains; but shall not include eggs, dairy products or timber
products, except as hereinabove set forth.

2. "Dealer" means any person who buys or receives farm products from a
producer for resale, or arranges, facilitates or brokers the sale of
farm products from a producer to a dealer or any other person; and shall
also include "commission merchants", "net-return dealers", "brokers" and
"processors". A "commission merchant" means any person engaged in the
business of receiving farm products for sale on commission, however
computed. A "net-return dealer" means a dealer who solicits or receives
shipments of farm products under a promise to pay for the same on the
basis of current market prices on receipt or at a price bearing some
specified premium above or below established market quotations. A
"broker" means any person engaged in the business of negotiating sales
and purchases of farm products for or on behalf of the vendor or the
purchaser. A "processor" means any person who bakes, brines, bottles,
cans, concentrates, dehydrates, dresses, dries, freezes, juices,
packages, pickles, preserves, presses or waxes and/or encloses such
stabilized farm products, or their derivative products, in any
container, whether or not hermetically sealed, provided, however, that a
person who buys farm products only for sale, including sale in a
processed form, at retail to the ultimate consumer shall not be deemed a
dealer for purposes of this article. Sale at retail to the ultimate
consumer shall not include sales to industrial, institutional,
commercial or agricultural users.

3. "Prompt payment" means payment within thirty days of the date farm
products sold by a producer to a dealer are delivered to such dealer, or
other person as the purchaser may designate, or such other period of
time as otherwise agreed upon in a writing signed by the dealer and the
producer on or before delivery of said farm products, provided that in
no event shall such period exceed one hundred twenty days from said date
of delivery.

4. "Producer" means any person who grows farm products or sells
livestock within this state.

5. "Person" means any individual, corporation, partnership or

6. "Poultry" means any live or slaughtered domesticated chicken, duck,
turkey, goose, pheasant, squab or guinea hen.

9. "Bond" means a bond executed by a surety company authorized to do
business in this state.

10. "Letter of credit" means an irrevocable letter of credit
conforming to article five of the uniform commercial code, and executed
by a bank or trust company authorized to do business in this state.