N.Y. Agriculture & Markets Law § 292: Definitions

§ 292. Definitions. For the purposes of this article, the following

terms shall have the following meanings:

1. "Agricultural commodity" means any and all agricultural,

horticultural, vineyard products, corn for grain, oats, soybeans,

barley, wheat, poultry or poultry products, bees, maple sap and pure

maple products produced therefrom, Christmas trees, livestock, including

swine, and honey, sold in the state either in their natural state or as

processed by the producer thereof but does not include milk, timber or

timber products, other than Christmas trees, all hay, rye and legumes

except for soybeans.

2. "Aquaculture" means the culture, cultivation and harvest of aquatic

plants and animals.

3. "Aquatic products" means any food or fiber products obtained

through the practice of aquaculture, including mariculture; or by

harvest from the sea when such products are cultured or landed in New

York state. Such products include but are not limited to fish,

shellfish, seaweed, or other water-based plant life.

4. "Producer" means any person engaged within this state in the

business of producing, or causing to be produced for any market, any

agricultural commodity or aquatic product.

5. "Handler" means any person engaged in the operation of packing,

grading, selling, offering for sale, or marketing any marketable

agricultural commodities or aquatic products, who as owner, agent or

otherwise ships or causes an agricultural commodity to be shipped.

6. "Processor" means any person engaged within this state in

processing, or in the operation of receiving, grading, packing, canning,

freezing, dehydrating, fermenting, distilling, extracting, preserving,

grinding, crushing, or in any other way preserving or changing the form

of an agricultural product or aquatic product for the purpose of

marketing such commodity but shall not include a person engaged in

manufacturing from an agricultural commodity or aquatic product another

and different product.

7. "Distributor" means any person engaged within this state, in

selling, offering for sale, marketing or distributing an agricultural

commodity or aquatic product which they have purchased or acquired from

a producer or other person or which they are marketing on behalf of a

producer or other person, whether as owner, agent, employee, broker or

otherwise, but shall not include a retailer, except such retailer who

purchases or acquires from, or handles on behalf of any producer or

other person, an agricultural commodity or aquatic product subject to

regulation by the marketing agreement or order covering such commodity.

8. "Marketing agreement" means an agreement entered into, with the

approval of the commissioner, by producers with distributors, processors

and handlers regulating the preparation, sale and handling of

agricultural commodities or aquatic products.

9. "Marketing order" means an order issued by the commissioner

pursuant to this article, prescribing rules and regulations governing

the marketing for processing, the distributing, the sale of, or the

handling in any manner of any agricultural commodity or aquatic product

sold in this state during any specified period or periods.