N.Y. Agriculture & Markets Law § 258-a: License fees

§ 258-a. License fees. 1. A milk dealer receiving, purchasing,

handling or selling during any of the twelve calendar months immediately

preceding the period for which the license is issued a daily average

total quantity of milk not exceeding four thousand pounds shall pay a

license fee of one hundred dollars; and for each additional four

thousand pounds of milk or fraction thereof received, purchased, handled

or sold, the license fee shall be increased forty dollars. In no event,

however, shall a license fee in excess of seven thousand five hundred

dollars be required.

2. An applicant who has not previously engaged in such business shall

pay the minimum license fee as provided herein for the type of business

which he proposes to conduct. Any such applicant who during any calendar

month of the first year covered by his license receives, purchases,

handles or sells a greater quantity of milk than that upon which the

license fee paid by such milk dealer was based shall for each additional

four thousand pounds of milk or fraction thereof pay an additional

license fee of forty dollars.

3. It is not the intent that milk utilized by the applicant or

licensee or sold by him in the form of manufactured products shall be

included in the determination of the amount of license fee. Sales by a

milk dealer of milk outside of the state not involving the receipt or

handling or distribution within the state shall not be included in the

determination of the license fee.

4. The commissioner may, by rule or order, provide for licensing, at

any rate of license fee less than the rates herein fixed, any milk

dealer or class of milk dealers which he is authorized to exempt from

license requirements.

5. A milk dealer who neither buys nor sells milk but who operates a

plant in which milk is pasteurized, processed or handled shall pay a

license fee of one hundred dollars.

6. A milk dealer which is a producers' bargaining and collecting

cooperative and does not operate milk plants or handle milk physically

or operate farm bulk tank milk routes shall pay a license fee of one

hundred dollars.

7. A milk dealer who neither buys nor sells milk but who operates a

plant in which milk is manufactured shall pay a license fee of one

hundred dollars.

8. A milk broker shall pay a license fee of one hundred dollars.

9. A milk dealer who is not a cooperative corporation and who does not

buy or sell milk but who hauls milk for other milk dealers shall pay a

license fee of one hundred dollars.

10. Notwithstanding any law to the contrary, all receipts of the

department pursuant to this section shall be deposited in an account in

the miscellaneous special revenue fund and shall be available solely for

the administration of this article. The comptroller is authorized and

directed to permit interest earnings on any balances to accrue to the

benefit of this account.