State Codes and Statutes

Statutes > New-york > Agm > Article-20 > 250-e

§  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.

State Codes and Statutes

Statutes > New-york > Agm > Article-20 > 250-e

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-20 > 250-e

§  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.