§ 245 — Definitions

§ 245. Definitions. 1. "Farm products" includes all agricultural,\nhorticultural, floricultural, and vegetable and fruit products of the\nsoil, Christmas trees, livestock and meats, poultry, nuts, honey, maple\ntree sap and maple products produced therefrom, wool, hides, hay, straw\nand grains; but shall not include eggs, dairy products or timber\nproducts, except as hereinabove set forth.\n 2. "Dealer" means any person who buys or receives farm products from a\nproducer for resale, or arranges, facilitates or brokers the sale of\nfarm products from a producer to a dealer or any other person; and shall\nalso include "commission merchants", "net-return dealers", "brokers" and\n"processors". A "commission merchant" means any person engaged in the\nbusiness of receiving farm products for sale on commission, however\ncomputed. A "net-return dealer" means a dealer who solicits or receives\nshipments of farm products under a promise to pay for the same on the\nbasis of current market prices on receipt or at a price bearing some\nspecified premium above or below established market quotations. A\n"broker" means any person engaged in the business of negotiating sales\nand purchases of farm products for or on behalf of the vendor or the\npurchaser. A "processor" means any person who bakes, brines, bottles,\ncans, concentrates, dehydrates, dresses, dries, freezes, juices,\npackages, pickles, preserves, presses or waxes and/or encloses such\nstabilized farm products, or their derivative products, in any\ncontainer, whether or not hermetically sealed, provided, however, that a\nperson who buys farm products only for sale, including sale in a\nprocessed form, at retail to the ultimate consumer shall not be deemed a\ndealer for purposes of this article. Sale at retail to the ultimate\nconsumer shall not include sales to industrial, institutional,\ncommercial or agricultural users.\n 3. "Prompt payment" means payment within thirty days of the date farm\nproducts sold by a producer to a dealer are delivered to such dealer, or\nother person as the purchaser may designate, or such other period of\ntime as otherwise agreed upon in a writing signed by the dealer and the\nproducer on or before delivery of said farm products, provided that in\nno event shall such period exceed one hundred twenty days from said date\nof delivery.\n 4. "Producer" means any person who grows farm products or sells\nlivestock within this state.\n 5. "Person" means any individual, corporation, partnership or\nassociation.\n 6. "Poultry" means any live or slaughtered domesticated chicken, duck,\nturkey, goose, pheasant, squab or guinea hen.\n 9. "Bond" means a bond executed by a surety company authorized to do\nbusiness in this state.\n 10. "Letter of credit" means an irrevocable letter of credit\nconforming to article five of the uniform commercial code, and executed\nby a bank or trust company authorized to do business in this state.\n