§ 258-r. Actions to eliminate trade barriers. 1. Any dairy farmer or\ncooperative producing milk within this state, any licensed milk dealer\nor general farm organization may file a complaint with the commissioner\nalleging that unconstitutional or otherwise illegal barriers to or\nburdens upon interstate commerce in milk or other dairy products exist\nin the laws, regulations or practices of any other state, or in the\nmunicipalities, agencies or instrumentalities thereof or in the\nregulations or practices of any federal agency. The complaint shall\nspecify the nature of such barriers or burdens and the manner in which\nthe complainant, or its individual members, is aggrieved thereby.\n 2. The commissioner shall determine whether such barriers or burdens\nhave or may ultimately have an adverse impact upon New York producers or\ndealers generally and determine whether the public interest would be\nserved by their elimination. If the commissioner concludes that action\nupon such complaint is in the general public interest of this state, he\nshall refer the complaint to the attorney general. The commissioner\nshall, within ninety days of the receipt of such complaint, inform in\nwriting, the complainant and the attorney general as to the status\nthereof. Upon making a determination with respect to such complaint, the\ncommissioner shall provide to the complainant and the attorney general a\nwritten statement of such determination setting forth the reasons\ntherefor.\n 3. The commissioner shall maintain a continuing review of the laws,\nregulations and policies of the eleven Northeast states, their\nmunicipalities and federal agencies for the purpose of identifying\nunconstitutional or illegal barriers to the marketing of New York milk\nand dairy products. The commissioner may initiate and refer to the\nattorney general his own complaints with respect to any such barriers.\n 4. Upon referral of any complaint by the commissioner, the attorney\ngeneral may bring an action in any state or federal court within or\noutside the state, for the purpose of invalidating such barriers or\nburdens upon interstate commerce and for such other relief as may be\nappropriate. The attorney general may bring such action in a parens\npatriae capacity.\n 5. The attorney general shall, within ninety days of receipt of such\nreferral, inform the commissioner in writing as to the status of such\nreferral. Upon deciding whether to commence an action with respect to\nthe complaint, the attorney general shall provide to the commissioner a\nwritten statement of such decision and the reasons therefor.\n
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