State Codes and Statutes

Statutes > New-york > Agm > Article-25 > 293

§ 293. Definitions.  (1)  "Agricultural  commodity"  means any and all  agricultural, horticultural, vineyard products, corn  for  grain,  oats,  soybeans,  barley,  wheat,  poultry or poultry products, bees, maple sap  and pure maple products produced therefrom, christmas trees,  livestock,  including  swine,  and  honey, sold in the state either in their natural  state or as processed by the producer thereof but does not include milk,  timber or timber products, other than christmas trees, all hay, rye  and  legumes except for soybeans.    (1-a)  "Aquaculture"  means  the  culture,  cultivation and harvest of  aquatic plants and animals.    (1-b) "Aquatic products" means any food  or  fiber  products  obtained  through  the  practice  of  aquaculture,  including  mariculture;  or by  harvest from the sea when such products are cultured or  landed  in  New  York  state.  Such  products  include  but  are  not  limited  to  fish,  shellfish, seaweed or other water based plant life.    (2) "Producer" means any person  engaged  within  this  state  in  the  business  of  producing,  or  causing to be produced for any market, any  agricultural commodity or aquatic product.    (3) "Handler" means any person engaged in the  operation  of  packing,  grading,   selling,  offering  for  sale  or  marketing  any  marketable  agricultural commodities or aquatic products, who  as  owner,  agent  or  otherwise ships or causes an agricultural commodity to be shipped.    (4)  "Processor"  means  any  person  engaged  within  this  state  in  processing, or in the operation of receiving, grading, packing, canning,  freezing, dehydrating, fermenting, distilling,  extracting,  preserving,  grinding,  crushing, or in any other way preserving or changing the form  of an agricultural  product  or  aquatic  product  for  the  purpose  of  marketing  such  commodity  but  shall  not  include a person engaged in  manufacturing from an agricultural commodity or aquatic product  another  and different product.    (5)  "Distributor"  means  any  person  engaged  within this state, in  selling, offering for sale, marketing or  distributing  an  agricultural  commodity  or  aquatic product which he has purchased or acquired from a  producer or other person or  which  he  is  marketing  on  behalf  of  a  producer  or  other person, whether as owner, agent, employee, broker or  otherwise, but shall not include a retailer, except  such  retailer  who  purchases  or  acquires  from,  or  handles on behalf of any producer or  other person, an agricultural commodity or aquatic  product  subject  to  regulation by the marketing agreement or order covering such commodity.    (6) "Commissioner" means the commissioner of agriculture and markets.    (7)  "Marketing  agreement"  means an agreement entered into, with the  approval of the commissioner, by producers with distributors, processors  and  handlers  regulating  the  preparation,  sale   and   handling   of  agricultural commodities or aquatic products.    (8)  "Marketing  order"  means  an  order  issued  by the commissioner  pursuant to this article, prescribing rules  and  regulations  governing  the  marketing  for  processing,  the  distributing, the sale of, or the  handling in any manner of any agricultural commodity or aquatic  product  sold in this state during any specified period or periods.    * (9)   "Good   faith  bargaining"  means  the  mutual  obligation  of  processors and growers to  meet  at  reasonable  times  and  places  and  negotiate  with  respect  to the price, quantity to be marketed, quality  specifications, terms of sale and other contract provisions.    * NB Expired January 1, 1987    * (10) "Joint settlement  committee"  means  a  committee  with  equal  representation  of  processors or handlers and producers or associations  of producers together with a chairman who shall be the representative of  the commissioner.* NB Expired January 1, 1987

State Codes and Statutes

Statutes > New-york > Agm > Article-25 > 293

§ 293. Definitions.  (1)  "Agricultural  commodity"  means any and all  agricultural, horticultural, vineyard products, corn  for  grain,  oats,  soybeans,  barley,  wheat,  poultry or poultry products, bees, maple sap  and pure maple products produced therefrom, christmas trees,  livestock,  including  swine,  and  honey, sold in the state either in their natural  state or as processed by the producer thereof but does not include milk,  timber or timber products, other than christmas trees, all hay, rye  and  legumes except for soybeans.    (1-a)  "Aquaculture"  means  the  culture,  cultivation and harvest of  aquatic plants and animals.    (1-b) "Aquatic products" means any food  or  fiber  products  obtained  through  the  practice  of  aquaculture,  including  mariculture;  or by  harvest from the sea when such products are cultured or  landed  in  New  York  state.  Such  products  include  but  are  not  limited  to  fish,  shellfish, seaweed or other water based plant life.    (2) "Producer" means any person  engaged  within  this  state  in  the  business  of  producing,  or  causing to be produced for any market, any  agricultural commodity or aquatic product.    (3) "Handler" means any person engaged in the  operation  of  packing,  grading,   selling,  offering  for  sale  or  marketing  any  marketable  agricultural commodities or aquatic products, who  as  owner,  agent  or  otherwise ships or causes an agricultural commodity to be shipped.    (4)  "Processor"  means  any  person  engaged  within  this  state  in  processing, or in the operation of receiving, grading, packing, canning,  freezing, dehydrating, fermenting, distilling,  extracting,  preserving,  grinding,  crushing, or in any other way preserving or changing the form  of an agricultural  product  or  aquatic  product  for  the  purpose  of  marketing  such  commodity  but  shall  not  include a person engaged in  manufacturing from an agricultural commodity or aquatic product  another  and different product.    (5)  "Distributor"  means  any  person  engaged  within this state, in  selling, offering for sale, marketing or  distributing  an  agricultural  commodity  or  aquatic product which he has purchased or acquired from a  producer or other person or  which  he  is  marketing  on  behalf  of  a  producer  or  other person, whether as owner, agent, employee, broker or  otherwise, but shall not include a retailer, except  such  retailer  who  purchases  or  acquires  from,  or  handles on behalf of any producer or  other person, an agricultural commodity or aquatic  product  subject  to  regulation by the marketing agreement or order covering such commodity.    (6) "Commissioner" means the commissioner of agriculture and markets.    (7)  "Marketing  agreement"  means an agreement entered into, with the  approval of the commissioner, by producers with distributors, processors  and  handlers  regulating  the  preparation,  sale   and   handling   of  agricultural commodities or aquatic products.    (8)  "Marketing  order"  means  an  order  issued  by the commissioner  pursuant to this article, prescribing rules  and  regulations  governing  the  marketing  for  processing,  the  distributing, the sale of, or the  handling in any manner of any agricultural commodity or aquatic  product  sold in this state during any specified period or periods.    * (9)   "Good   faith  bargaining"  means  the  mutual  obligation  of  processors and growers to  meet  at  reasonable  times  and  places  and  negotiate  with  respect  to the price, quantity to be marketed, quality  specifications, terms of sale and other contract provisions.    * NB Expired January 1, 1987    * (10) "Joint settlement  committee"  means  a  committee  with  equal  representation  of  processors or handlers and producers or associations  of producers together with a chairman who shall be the representative of  the commissioner.* NB Expired January 1, 1987

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-25 > 293

§ 293. Definitions.  (1)  "Agricultural  commodity"  means any and all  agricultural, horticultural, vineyard products, corn  for  grain,  oats,  soybeans,  barley,  wheat,  poultry or poultry products, bees, maple sap  and pure maple products produced therefrom, christmas trees,  livestock,  including  swine,  and  honey, sold in the state either in their natural  state or as processed by the producer thereof but does not include milk,  timber or timber products, other than christmas trees, all hay, rye  and  legumes except for soybeans.    (1-a)  "Aquaculture"  means  the  culture,  cultivation and harvest of  aquatic plants and animals.    (1-b) "Aquatic products" means any food  or  fiber  products  obtained  through  the  practice  of  aquaculture,  including  mariculture;  or by  harvest from the sea when such products are cultured or  landed  in  New  York  state.  Such  products  include  but  are  not  limited  to  fish,  shellfish, seaweed or other water based plant life.    (2) "Producer" means any person  engaged  within  this  state  in  the  business  of  producing,  or  causing to be produced for any market, any  agricultural commodity or aquatic product.    (3) "Handler" means any person engaged in the  operation  of  packing,  grading,   selling,  offering  for  sale  or  marketing  any  marketable  agricultural commodities or aquatic products, who  as  owner,  agent  or  otherwise ships or causes an agricultural commodity to be shipped.    (4)  "Processor"  means  any  person  engaged  within  this  state  in  processing, or in the operation of receiving, grading, packing, canning,  freezing, dehydrating, fermenting, distilling,  extracting,  preserving,  grinding,  crushing, or in any other way preserving or changing the form  of an agricultural  product  or  aquatic  product  for  the  purpose  of  marketing  such  commodity  but  shall  not  include a person engaged in  manufacturing from an agricultural commodity or aquatic product  another  and different product.    (5)  "Distributor"  means  any  person  engaged  within this state, in  selling, offering for sale, marketing or  distributing  an  agricultural  commodity  or  aquatic product which he has purchased or acquired from a  producer or other person or  which  he  is  marketing  on  behalf  of  a  producer  or  other person, whether as owner, agent, employee, broker or  otherwise, but shall not include a retailer, except  such  retailer  who  purchases  or  acquires  from,  or  handles on behalf of any producer or  other person, an agricultural commodity or aquatic  product  subject  to  regulation by the marketing agreement or order covering such commodity.    (6) "Commissioner" means the commissioner of agriculture and markets.    (7)  "Marketing  agreement"  means an agreement entered into, with the  approval of the commissioner, by producers with distributors, processors  and  handlers  regulating  the  preparation,  sale   and   handling   of  agricultural commodities or aquatic products.    (8)  "Marketing  order"  means  an  order  issued  by the commissioner  pursuant to this article, prescribing rules  and  regulations  governing  the  marketing  for  processing,  the  distributing, the sale of, or the  handling in any manner of any agricultural commodity or aquatic  product  sold in this state during any specified period or periods.    * (9)   "Good   faith  bargaining"  means  the  mutual  obligation  of  processors and growers to  meet  at  reasonable  times  and  places  and  negotiate  with  respect  to the price, quantity to be marketed, quality  specifications, terms of sale and other contract provisions.    * NB Expired January 1, 1987    * (10) "Joint settlement  committee"  means  a  committee  with  equal  representation  of  processors or handlers and producers or associations  of producers together with a chairman who shall be the representative of  the commissioner.* NB Expired January 1, 1987