* § 293. Powers and duties of the commissioner. 1. In order to\neffectuate the declared policy of this article, the commissioner may,\nafter due notice and opportunity for hearing, approve marketing\nagreements, which marketing agreements shall thereupon be binding upon\nthe signatories thereto exclusively.\n 2. The commissioner may make and issue marketing orders, after due\nnotice and opportunity for hearing, subject to:\n (a) Approval of not less than sixty-six and two-thirds per centum of\nthe producers participating in a referendum in the area affected, or\n (b) Approval of not less than sixty-five per centum of the producers\nparticipating in a referendum vote, in the area affected, and having\nmarketed not less than fifty-one per centum of the total quantity of the\ncommodity which was marketed in the next preceding marketing season by\nall producers that voted in the referendum, or\n (c) Approval of not less than fifty-one per centum of the producers\nparticipating in a referendum vote, in the area affected, and having\nmarketed not less than sixty-five per centum of the total quantity of\nthe commodity which was marketed in the next preceding marketing season\nby all producers that voted in the referendum.\n 3. The commissioner may and upon written petition duly signed by\ntwenty-five per centum of the producers in the area shall, amend or\nterminate such order after due notice and opportunity for hearing, but\nsubject to the approval of not less than fifty per centum of such\nproducers participating in a referendum vote.\n 4. The commissioner shall administer and enforce any marketing order,\nwhile it is in effect, to:\n (a) Encourage and maintain stable prices received by producers for\nsuch agricultural commodity and aquatic product at a level which is\nconsistent with the provisions and aims of this article.\n (b) Prevent the unreasonable or unnecessary waste of land or\nwater-based wealth.\n (c) Protect the interests of consumers of such commodity, by\nexercising the powers of this article to such extent as is necessary to\neffectuate the purposes of this article.\n (d) Prepare a budget for the administration and operating costs and\nexpenses including advertising and sales promotion when required in any\nmarketing agreement or order executed hereunder and to provide for the\ncollection of such necessary fees to defray such costs and expenses, in\nno case to exceed five percent of the gross dollar volume of sales or\ndollar volume of purchases or amounts handled, to be collected from each\nperson engaged in the production, processing, distributing or the\nhandling of any marketable agricultural commodity and aquatic product\nproduced or landed in this state and directly affected by any marketing\norder issued pursuant to this article for such commodity.\n (e) Confer and cooperate with the legally constituted authorities of\nother states and the United States.\n 5. Any marketing agreement or order issued by the commissioner\npursuant to this article may contain any or all of the following:\n (a) Provisions for determining the existence and extent of the surplus\nof any agricultural commodity, or of any grade, size, or quality\nthereof, and providing for the regulation and disposition of such\nsurplus.\n (b) Provisions for limiting the total quantity of any agricultural\nproduct, or of any grade or grades, size or sizes, or quality or\nportions or combinations thereof, which may be marketed during any\nspecified period or periods. Such total quantity of any such commodity\nso regulated shall not be less than the quantity which the commissioner\nshall find is reasonably necessary to supply the market demand of\nconsumers for such commodity.\n (c) Provisions regulating the period, or periods, during which any\nagricultural commodity, or any grade or grades, size or sizes or quality\nor portions or combinations of such commodity, may be marketed.\n (d) Provisions for the establishment of uniform gradin
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.