Agriculture & Markets - Licensing of Farm Products Dealers - Records to be kept by dealer-processors; deductions for payments to cooperatives


Published: 2014-09-22

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§ 250-e. Records to be kept by dealer-processors; deductions for
payments to cooperatives. 1. It shall be unlawful for a dealer to
purchase or receive, or for a seller to deliver, farm products for
processing as defined by this article unless the party receiving or
purchasing such farm products thereupon furnishes the party selling or
delivering said farm products with a certificate legibly printed in the
English language upon which there shall be stated the true name of the
party purchasing or receiving such farm products for processing; the
processing plant license number of said party; the date the farm
products are purchased or received; the price to be paid for such farm
products except where the farm products are delivered to a cooperative
corporation by a member patron or except where the farm products are
delivered pursuant to a written contract of purchase and sale which
specifies the method by which full payment will be calculated; the
method of payment and a payment schedule; the name of the product or
products purchased or received; the quantity of the product or products
purchased or received; and the name and address of the party from whom
the farm products are purchased or received.

2. A member of an agricultural cooperative corporation may by contract
with such cooperative corporation, or by separate authorization in
writing to the licensee, authorize any person licensed pursuant to this
article to make deductions from money due such member for farm products
received or purchased by such licensee for processing. The amount of
such deductions and the names of the members from whose account
deductions are to be made, shall be set forth in a written certificate
presented to the licensee by the cooperative, or in the separate written
authorization filed with the licensee by the individual member of the
cooperative. The licensee shall deduct from moneys due such member of
the cooperative the amounts so authorized and shall forward all moneys
so deducted to the designated cooperative on or before the fifteenth of
the month following the month for which payment is due, together with a
statement showing the amounts and agreed prices of farm products
received or purchased from the member by the licensee.

3. Every processor shall, at the time of making final payment
according to agreements or contracts with each producer from whom he or
she has received or purchased farm products, deliver a statement to such
producer showing the total quantity of farm products purchased or
received, the price per unit, the credits claimed and the manner of
computing the amount of such final payment.

4. A producer delivering apples to a dealer or a dealer's designee for
processing shall, at the time of delivery, receive from the dealer or
the dealer's designee a certificate of official inspection which shall
state the grade of the apples delivered as determined by an official
federal or state inspection conducted at the time of delivery. In the
absence of a written document signed by the producer and the dealer or
the dealer's designee stating the standards to be used in such
inspection, the current standards for processing apples adopted by the
United States Department of Agriculture shall be used.