N.Y. Agriculture & Markets Law § 258-r: Actions to eliminate trade barriers

§ 258-r. Actions to eliminate trade barriers. 1. Any dairy farmer or

cooperative producing milk within this state, any licensed milk dealer

or general farm organization may file a complaint with the commissioner

alleging that unconstitutional or otherwise illegal barriers to or

burdens upon interstate commerce in milk or other dairy products exist

in the laws, regulations or practices of any other state, or in the

municipalities, agencies or instrumentalities thereof or in the

regulations or practices of any federal agency. The complaint shall

specify the nature of such barriers or burdens and the manner in which

the complainant, or its individual members, is aggrieved thereby.

2. The commissioner shall determine whether such barriers or burdens

have or may ultimately have an adverse impact upon New York producers or

dealers generally and determine whether the public interest would be

served by their elimination. If the commissioner concludes that action

upon such complaint is in the general public interest of this state, he

shall refer the complaint to the attorney general. The commissioner

shall, within ninety days of the receipt of such complaint, inform in

writing, the complainant and the attorney general as to the status

thereof. Upon making a determination with respect to such complaint, the

commissioner shall provide to the complainant and the attorney general a

written statement of such determination setting forth the reasons

therefor.

3. The commissioner shall maintain a continuing review of the laws,

regulations and policies of the eleven Northeast states, their

municipalities and federal agencies for the purpose of identifying

unconstitutional or illegal barriers to the marketing of New York milk

and dairy products. The commissioner may initiate and refer to the

attorney general his own complaints with respect to any such barriers.

4. Upon referral of any complaint by the commissioner, the attorney

general may bring an action in any state or federal court within or

outside the state, for the purpose of invalidating such barriers or

burdens upon interstate commerce and for such other relief as may be

appropriate. The attorney general may bring such action in a parens

patriae capacity.

5. The attorney general shall, within ninety days of receipt of such

referral, inform the commissioner in writing as to the status of such

referral. Upon deciding whether to commence an action with respect to

the complaint, the attorney general shall provide to the commissioner a

written statement of such decision and the reasons therefor.