N.Y. Agriculture & Markets Law § 244: Statement of policy and application of article

§ 244. Statement of policy and application of article. 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 twenty 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.