Public-domain · open source
OpenJurist

N.Y. Agric. & Mkts. Law § 292

Definitions

Redline — January 1, 2015 → current.View current text →
Current — June 29, 2026
As of January 1, 2015
§ 292. Legislative declaration. It is hereby declared that the\nmarketing of agricultural commodities and aquatic products in this\nstate, in excess of reasonable and normal market demands therefor;\ndisorderly marketing of such commodities; improper preparation for\nmarket and lack of uniform grading and classification of agricultural\ncommodities and aquatic products; unfair methods of competition in the\nmarketing of such commodities and the inability of individual producers\nto develop new and larger markets for agricultural commodities and\naquatic products, result in an unreasonable and unnecessary economic\nwaste of the agricultural wealth of this state. Such conditions and the\naccompanying waste jeopardize the future continued production of\nadequate food supplies for the people of this and other states. These\nconditions vitally concern the health, safety and general welfare of the\npeople of this state.\n It is therefore declared the legislative purpose and the policy of\nthis state:\n (1) To enable agricultural producers and aquatic producers of this\nstate, with the aid of the state, more effectively to correlate the\nmarketing of their agricultural commodities and aquatic products with\nmarket demands therefor.\n (2) To establish orderly, efficient and equitable marketing of\nagricultural commodities and aquatic products.\n (3) To provide for uniform grading and proper preparation of\nagricultural commodities and aquatic products for market.\n (4) To provide methods and means for the development of new and larger\nmarkets for agricultural commodities and aquatic products produced in\nNew York.\n (5) To eliminate or reduce the economic waste in the marketing of\nagricultural commodities and aquatic products.\n (6) To eliminate unjust impairment of the purchasing power of aquatic\nproducers and the agricultural producers of this state.\n (7) To aid agricultural and aquatic producers in maintaining an income\nat an adequate and equitable level.\n
* § 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

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.