Section 250-F. Stated grape price  


Latest version.
  • Notwithstanding  any  provision  of
      subdivision one of section two hundred fifty-e of this  article,  except
      with  respect  to  such cooperative member patrons, it shall be unlawful
      for any processor doing business in New York to purchase or  receive  or
      attempt to purchase or receive grapes grown in New York state unless the
      processor  sets  forth  and makes available to any selling or delivering
      party, not later than August fifteenth in the year in which  the  grapes
      are  to  be delivered, the sum total in dollars and cents of all amounts
      paid or to be paid per unit; provided, however, that a processor  and  a
      producer  may  negotiate without restriction a price for up to five tons
      of grapes per variety, not to exceed a maximum of twenty tons of  grapes
      total,  other  than  the  price  originally  set  forth pursuant to this
      section provided that any such negotiated prices shall be set  forth  in
      writing  by  the  processor  no  later than the date of delivery of said
      grapes. Where a selling or delivering party has a contract for  delivery
      of  such  grapes  to  a  processor,  the processor shall, not later than
      August fifteenth in the year in which such grapes are to  be  delivered,
      mail  to  the  delivering  or selling party written notice of the stated
      grape price and of the opportunity to refuse to so deliver with  respect
      thereto.  Such  notice  may  also  be  provided  by  facsimile, or other
      electronic means to selling or delivering parties who have  the  ability
      to  accept  notice  in  that manner and have agreed to accept service by
      such means. The processor shall also  provide  to  the  commissioner  by
      mail,  facsimile,  or  other  electronic  means,  no  later  than August
      fifteenth of each year in which such  grapes  are  to  be  delivered,  a
      written statement of the stated grape price to be paid for such grapes.