Section 260. Definitions

As used in this article:
    1.  "Farmers' market" shall mean any building, structure or place, the
  property of a municipal corporation or under lease to or  in  possession
  of  a  public or private agency, individual or business used or intended
  to be used by two or more producers for the direct sale of  a  diversity
  of  farm  and  food  products,  as  defined  in subdivision four of this
  section, from producers to consumers and food buyers.  Such  market  may
  also  include  facilities  for  the  packing,  shipping,  first-instance
  processing or storage of farm and food products, and shall  include  all
  equipment   used  or  intended  to  be  used  in  connection  with  such
  facilities.  Such  market  may  also  include  other  businesses   which
  reasonably  serve  the  public  or  make  the  market  more  convenient,
  efficient, profitable or successful, including, but not limited to, food
  service, baking, and non-food retailing.
    2. "Public market"  shall  mean  any  building,  structure  or  place,
  operated  on  a  not-for-profit  basis  in  the  public interest for the
  buying, selling or keeping for sale of farm and food products at  retail
  and/or wholesale, and may include a farmers' market.
    3.  "Producer"  shall mean any person or persons who grow, produce, or
  cause to be grown or produced any farm or  food  products  in  New  York
  state.
    4. "Farm and food product" shall mean any agricultural, horticultural,
  forest, or other product of the soil or water, including but not limited
  to,  fruits,  vegetables,  eggs, dairy products, meat and meat products,
  poultry and poultry products, fish and fish products,  grain  and  grain
  products, honey, nuts, preserves, maple sap products, apple cider, fruit
  juice,  wine, ornamental or vegetable plants, nursery products, flowers,
  firewood and Christmas trees.
    5. "First-instance processing" shall mean  the  washing,  grading  and
  packaging  of  farm  and  food  products  in  connection with a farmers'
  market.
    6. "Storage" shall mean a facility or equipment with  a  refrigerated,
  controlled  atmosphere,  or  other enclosed unit used for the purpose of
  long-term storage of  farm  and  food  products  in  connection  with  a
  farmers' market.
    7.  "Public or private agency" shall mean any agency of federal, state
  or  local  government,  regional  market   authority,   public   benefit
  corporation,  not-for-profit  corporation,  cooperative  corporation  or
  educational institution.
    8. "Rural area" shall mean a town having a population density of  less
  than  one  hundred  fifty  persons  per square mile or a county having a
  population of two hundred thousand or less as reflected  in  the  latest
  federal census.