§ 258-l. Producers' bargaining agencies and distributors' bargaining\nagencies. (a) Incorporated producers' associations operated under and\nsubject to the cooperative corporations law of this state, or similar\nlaws of another state and organized and controlled by milk producers,\nmay establish producers' bargaining agencies for the various production\nareas of the state designated by the commissioner. Cooperative\ncorporations similarly incorporated hereafter and owned and controlled\nby producers shall be entitled to use and participate in such a\nbargaining agency and be represented by it in order that producers not\nnow represented by a cooperative association may be entitled to the\nbenefits of this act.\n Upon presentation of a written certification by a cooperative\ncorporation qualified to receive cooperative payments under a state or a\njoint federal and state milk marketing order, or orders, or by a\ncooperative corporation affiliated with a federation of cooperative\ncorporations similarly qualified, to a licensed milk dealer, setting\nforth a list of its members for the payment of whose milk said dealer is\nresponsible, such dealer shall make payments to such cooperative\ncorporation from moneys due such listed members for milk purchased by\nthe dealer in such amounts as such cooperative shall certify is payable\nto it; provided that (a) at least the names of 10 members are one the\nlist, or (b) in the case of dealers receiving milk from 17 or less\nproducers at a plant, the names of at least 51% of such producers are on\nthe list. Such amounts shall be payable monthly to the treasurer of the\ncooperative corporation, together with a compilation of milk poundage to\nwhich such payment is related. At intervals, not more frequent than\nmonthly, each such cooperative shall certify to the dealer involved any\nadditions or withdrawals from its listed membership. As to such changes\nin memberships so certified, the dealer shall make payments on the\nadditional producers, but shall not be required to make payments to the\ncooperative corporation on the withdrawn producers. In no event shall a\ndealer be required to make payments on a producer who is not listed as a\nmember by the certifying cooperative corporation.\n The voting power of each association participating in such an agency\nshall be on the basis of one vote for each one hundred producers under\ncontract with such association for the marketing of their milk within\nsuch marketing area, and in case of an association with less than one\nhundred producers under contract with it, a fractional vote in\nproportion to the number of such producers. Only active contracts shall\nbe considered.\n The purpose of a producers' bargaining agency is to negotiate\nagreements on the basis of orders in the respective marketing areas for\npresentation to the commissioner for his consideration and approval, as\nprovided in section two hundred and fifty-eight-m herein. A producers'\nbargaining agency shall be authorized to negotiate with a distributors'\nbargaining agency in such marketing area in regard to arrangements or\nagreements to be presented to the commissioner as a basis of marketing\nagreements or orders pursuant to said section two hundred and\nfifty-eight-m.\n Each association upon joining or employing the producers' bargaining\nagency shall file with it a certified copy of its certificate of\nincorporation, its by-laws, copies of form of contracts with its\nproducers and a certified statement of the number of such contracts\nwhich are in force.\n A producers' bargaining agency may appear before and negotiate with\nthe commissioner in regard to marketing agreements or orders, as\nprovided in section two hundred and fifty-eight-m herein.\n It shall be lawful for such producers' bargaining agency to act as a\ncommon marketing agency for the various cooperative associations of\nproducers which it represents and such cooperative associations may make\ncontracts with
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