N.Y. Agriculture & Markets Law § 250-e: Records to be kept by dealer-processors; deductions for payments to cooperatives

§ 250-e. Records to be kept by dealer-processors; deductions for

payments to cooperatives. 1. It shall be unlawful for a dealer to

purchase or receive, or for a seller to deliver, farm products for

processing as defined by this article unless the party receiving or

purchasing such farm products thereupon furnishes the party selling or

delivering said farm products with a certificate legibly printed in the

English language upon which there shall be stated the true name of the

party purchasing or receiving such farm products for processing; the

processing plant license number of said party; the date the farm

products are purchased or received; the price to be paid for such farm

products except where the farm products are delivered to a cooperative

corporation by a member patron or except where the farm products are

delivered pursuant to a written contract of purchase and sale which

specifies the method by which full payment will be calculated; the

method of payment and a payment schedule; the name of the product or

products purchased or received; the quantity of the product or products

purchased or received; and the name and address of the party from whom

the farm products are purchased or received.

2. A member of an agricultural cooperative corporation may by contract

with such cooperative corporation, or by separate authorization in

writing to the licensee, authorize any person licensed pursuant to this

article to make deductions from money due such member for farm products

received or purchased by such licensee for processing. The amount of

such deductions and the names of the members from whose account

deductions are to be made, shall be set forth in a written certificate

presented to the licensee by the cooperative, or in the separate written

authorization filed with the licensee by the individual member of the

cooperative. The licensee shall deduct from moneys due such member of

the cooperative the amounts so authorized and shall forward all moneys

so deducted to the designated cooperative on or before the fifteenth of

the month following the month for which payment is due, together with a

statement showing the amounts and agreed prices of farm products

received or purchased from the member by the licensee.

3. Every processor shall, at the time of making final payment

according to agreements or contracts with each producer from whom he or

she has received or purchased farm products, deliver a statement to such

producer showing the total quantity of farm products purchased or

received, the price per unit, the credits claimed and the manner of

computing the amount of such final payment.

4. A producer delivering apples to a dealer or a dealer's designee for

processing shall, at the time of delivery, receive from the dealer or

the dealer's designee a certificate of official inspection which shall

state the grade of the apples delivered as determined by an official

federal or state inspection conducted at the time of delivery. In the

absence of a written document signed by the producer and the dealer or

the dealer's designee stating the standards to be used in such

inspection, the current standards for processing apples adopted by the

United States Department of Agriculture shall be used.