Section 244. Statement of policy and application of article  


Latest version.
  • 1. This article
      is  enacted  in  the  exercise  of the police power of the state and its
      purposes generally are to suppress and  prevent  unfair  and  fraudulent
      practices  in  the marketing within this state of farm products produced
      therein and to safeguard the producers and  dealers  of  this  state  in
      certain  marketing  transactions  relative  to  such farm products. This
      article shall  apply  only  to  transactions  concerning  farm  products
      produced within this state, or concerning livestock produced outside the
      state when such transactions are either entered into or attempted within
      the  state,  and where such transactions involve a dealer doing business
      within this state. Farm products shipped from a point within this  state
      shall be presumed to have been produced within the state.
        2.  (a)  This  article shall not apply to the sale of farm products at
      auction held at the premises of the owner  of  said  farm  products  and
      where  said sales do not exceed one sale a year, nor to any agricultural
      cooperative corporation as defined in subdivision  (a)  of  section  one
      hundred  eleven  of  the  cooperative  corporations  law when receiving,
      processing, and marketing farm products of its producer members, nor  to
      persons  required  to  file  and  maintain  a mandatory surety under the
      federal packers and stockyards act with respect  to  their  transactions
      regulated under that act.
        (b)  The  licensing, bonding and stated grape price provisions of this
      article shall not apply to:   (i) any person whose  annual  dealings  in
      farm products do not exceed the sum of ten thousand dollars; or (ii) any
      agricultural  cooperative  with  respect  to the receipt, processing and
      marketing of grapes  or  grape  products  of  its  producer  members  or
      non-members  of  such  cooperative  on  the  basis  of  their patronage,
      provided, however, that the annual purchase of grape or  grape  products
      from  non-members  of  such  cooperative shall not exceed the sum of one
      hundred  thousand  dollars;  or  (iii)   a   charitable   not-for-profit
      organization  which  receives  for distribution donated farm salvage, as
      defined in section two hundred seventeen of this chapter.