* § 292. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Agricultural commodity" means any and all agricultural,\nhorticultural, vineyard products, corn for grain, oats, soybeans,\nbarley, wheat, poultry or poultry products, bees, maple sap and pure\nmaple products produced therefrom, Christmas trees, livestock, including\nswine, and honey, sold in the state either in their natural state or as\nprocessed by the producer thereof but does not include milk, timber or\ntimber products, other than Christmas trees, all hay, rye and legumes\nexcept for soybeans.\n 2. "Aquaculture" means the culture, cultivation and harvest of aquatic\nplants and animals.\n 3. "Aquatic products" means any food or fiber products obtained\nthrough the practice of aquaculture, including mariculture; or by\nharvest from the sea when such products are cultured or landed in New\nYork state. Such products include but are not limited to fish,\nshellfish, seaweed, or other water-based plant life.\n 4. "Producer" means any person engaged within this state in the\nbusiness of producing, or causing to be produced for any market, any\nagricultural commodity or aquatic product.\n 5. "Handler" means any person engaged in the operation of packing,\ngrading, selling, offering for sale, or marketing any marketable\nagricultural commodities or aquatic products, who as owner, agent or\notherwise ships or causes an agricultural commodity to be shipped.\n 6. "Processor" means any person engaged within this state in\nprocessing, or in the operation of receiving, grading, packing, canning,\nfreezing, dehydrating, fermenting, distilling, extracting, preserving,\ngrinding, crushing, or in any other way preserving or changing the form\nof an agricultural product or aquatic product for the purpose of\nmarketing such commodity but shall not include a person engaged in\nmanufacturing from an agricultural commodity or aquatic product another\nand different product.\n 7. "Distributor" means any person engaged within this state, in\nselling, offering for sale, marketing or distributing an agricultural\ncommodity or aquatic product which they have purchased or acquired from\na producer or other person or which they are marketing on behalf of a\nproducer or other person, whether as owner, agent, employee, broker or\notherwise, but shall not include a retailer, except such retailer who\npurchases or acquires from, or handles on behalf of any producer or\nother person, an agricultural commodity or aquatic product subject to\nregulation by the marketing agreement or order covering such commodity.\n 8. "Marketing agreement" means an agreement entered into, with the\napproval of the commissioner, by producers with distributors, processors\nand handlers regulating the preparation, sale and handling of\nagricultural commodities or aquatic products.\n 9. "Marketing order" means an order issued by the commissioner\npursuant to this article, prescribing rules and regulations governing\nthe marketing for processing, the distributing, the sale of, or the\nhandling in any manner of any agricultural commodity or aquatic product\nsold in this state during any specified period or periods.\n * NB Effective July 1, 2026\n
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