§ 250-E — Records to be kept by dealer-processors; deductions for payments to cooperatives

New York § 250-E

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 20: Licensing of Farm Products Dealers

Text

§ 250-e. Records to be kept by dealer-processors; deductions for\npayments to cooperatives. 1. It shall be unlawful for a dealer to\npurchase or receive, or for a seller to deliver, farm products for\nprocessing as defined by this article unless the party receiving or\npurchasing such farm products thereupon furnishes the party selling or\ndelivering said farm products with a certificate legibly printed in the\nEnglish language upon which there shall be stated the true name of the\nparty purchasing or receiving such farm products for processing; the\nprocessing plant license number of said party; the date the farm\nproducts are purchased or received; the price to be paid for such farm\nproducts except where the farm products are delivered to a cooperative\ncorporation by a member patron or except where the farm products are\ndelivered pursuant to a written contract of purchase and sale which\nspecifies the method by which full payment will be calculated; the\nmethod of payment and a payment schedule; the name of the product or\nproducts purchased or received; the quantity of the product or products\npurchased or received; and the name and address of the party from whom\nthe farm products are purchased or received.\n 2. A member of an agricultural cooperative corporation may by contract\nwith such cooperative corporation, or by separate authorization in\nwriting to the licensee, authorize any person licensed pursuant to this\narticle to make deductions from money due such member for farm products\nreceived or purchased by such licensee for processing. The amount of\nsuch deductions and the names of the members from whose account\ndeductions are to be made, shall be set forth in a written certificate\npresented to the licensee by the cooperative, or in the separate written\nauthorization filed with the licensee by the individual member of the\ncooperative. The licensee shall deduct from moneys due such member of\nthe cooperative the amounts so authorized and shall forward all moneys\nso deducted to the designated cooperative on or before the fifteenth of\nthe month following the month for which payment is due, together with a\nstatement showing the amounts and agreed prices of farm products\nreceived or purchased from the member by the licensee.\n 3. Every processor shall, at the time of making final payment\naccording to agreements or contracts with each producer from whom he or\nshe has received or purchased farm products, deliver a statement to such\nproducer showing the total quantity of farm products purchased or\nreceived, the price per unit, the credits claimed and the manner of\ncomputing the amount of such final payment.\n 4. A producer delivering apples to a dealer or a dealer's designee for\nprocessing shall, at the time of delivery, receive from the dealer or\nthe dealer's designee a certificate of official inspection which shall\nstate the grade of the apples delivered as determined by an official\nfederal or state inspection conducted at the time of delivery. In the\nabsence of a written document signed by the producer and the dealer or\nthe dealer's designee stating the standards to be used in such\ninspection, the current standards for processing apples adopted by the\nUnited States Department of Agriculture shall be used.\n