New York Agriculture and Markets Code § 258-AA

Dairy promotion act
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* § 258-aa. Dairy promotion act. 1. Declaration of policy. It is\nhereby declared that the dairy industry is a paramount agricultural\nindustry of this state, and is an industry affecting the health and\nwelfare of the inhabitants of the state; that the continued existence of\nthe dairy industry and the continued production of milk on the farms of\nthis state is of vast economic importance to the state and to the health\nand welfare of the inhabitants thereof; that it is essential, in order\nto assure such continued production of milk and its handling and\ndistribution, that prices to producers be such as to return reasonable\ncosts of production, and at the same time assure an adequate supply of\nmilk and dairy products to consumers at reasonable prices; and to these\nends it is essential that consumers and others be adequately informed as\nto the dietary needs and advantages of milk and dairy products and as to\nthe economies resulting from the use of milk and dairy products, and to\ncommand for milk and dairy products, consumer attention and demand\nconsistent with their importance and value. It is further declared that\ncontinued decline in the consumption of fluid milk and some other dairy\nproducts will jeopardize the production of adequate supplies of milk and\ndairy products because of increasing surpluses necessarily returning\nless to producers; and that continued adequate supplies of milk and\ndairy products is a matter of vital concern as affecting the health and\ngeneral welfare of the people of this state. It is therefore declared to\nbe the legislative intent and policy of the state:\n  (a) To enable milk producers and others in the dairy industry, with\nthe aid of the state, to more effectively promote the consumption of\nmilk and dairy products;\n  (b) To provide methods and means for the development of new and\nimproved dairy products, and to promote their use; and\n  (c) To this end, eliminate the possible impairment of the purchasing\npower of the milk producers of this state and to assure an adequate\nsupply of milk for consumers at reasonable prices.\n  2. Definitions. As used in this section the following terms shall have\nthe following meanings:\n  (a) "Dairy products" means milk and products derived therefrom, and\nproducts of which milk or a portion thereof is a significant part.\n  (b) "Producer" means any person in this state who is engaged in the\nproduction of milk or who causes milk to be produced for any market in\nthis or any other state.\n  (c) "Advisory board" means the persons appointed by the commissioner\nfrom nominations from producers as herein defined to assist the\ncommissioner in administering a dairy promotion order.\n  (d) "Milk dealer" means any person who purchases or handles or\nreceives or sells milk, including individuals, partnerships,\ncorporations, cooperative associations, and unincorporated cooperative\nassociations.\n  (e) "Dairy promotion order" means an order issued by the commissioner,\npursuant to the provisions of this section.\n  (f) "Cooperative" means an association or federation or cooperative of\nmilk producers organized under the laws of New York state, or any other\nstate, having agreements with their producer members to market, bargain\nfor or sell the milk of such producers, and is actually performing one\nor more of these services in the marketing of the milk produced by their\nmembers, through the cooperative or through a federation of milk\ncooperatives in which the cooperative has membership.\n  3. Powers and duties of the commissioner. (a) The commissioner shall\nadminister and enforce the provisions of this section and shall have and\nmay exercise any or all the administrative powers conferred upon the\nhead of a department. In order to effectuate the declared policy of this\nsection the commissioner may, after due notice and hearing, make and\nissue a dairy promotion order, or orders.\n  (b) Such order or orders shall be issued and amended or terminat

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