N.Y. Legislative Law § 83-b: Legislative commission on dairy industry development

* § 83-b. Legislative commission on dairy industry development. 1. (a)

The legislature hereby finds and declares that the dairy industry is a

vital component of the economy of New York state and that continuing to

assure the sound condition of the dairy industry is important to the

well-being of those people of the state who are employed in this

business sector and to consumers of dairy products. The dairy industry

of the state generates a retail value of well over three and a half

billion dollars annually and provides employment for sixty thousand

people in the production, processing and distribution of its products

through to the retail level. The importance of employment and income

derived from the dairy industry is particularly great in rural local

economies, where dairy production is usually the predominant industry.

Milk is an important item in the food budget and is regarded as an

indispensable food to many making its availability to consumers at

reasonable prices of much importance.

(b) The legislature further finds that, although New York state

remains the third leading state in milk production, concerns exist

regarding the continued vitality of the state's dairy industry and the

continued availability to the consumers of the state of high quality,

reasonably priced dairy products. Changes in consumption preferences,

calls for changes in marketing practices and newly developing

technologies require the adaptation of all facets of the state's dairy

industry if they are to maintain and enhance that industry's competitive

position. It is apparent that positive efforts are warranted to

investigate these circumstances and to determine corrective legislative

action.

2. A legislative commission on dairy industry development is hereby

established to: (a) review existing laws and regulations of New York and

other states, as well as those of the federal government, pertaining to

the dairy industry, including, but not limited to fair trade practice,

standards and labeling of dairy products and their imitations, sanitary

regulations, testing and quality control, dairy promotion, organization

of market orders, and interstate barriers to the free movement of milk

amongst the states of the northeast; (b) examine current and likely

economic forces affecting the producer in order to identify causes of

and remedies for the severe economic pressures which are affecting or

which may affect the industry and dairy farmers in particular; (c)

examine the level of milk dealer and retail outlet margins to determine

if such margins substantially exceed costs and a reasonable return on

investment; (d) examine the adequacy of availability of milk to

consumers at reasonable prices, and for the reasons for the wide

variability in retail milk prices in the various markets of the state

and as between the various markets; (e) identify policies to strengthen

and improve the organization and effectiveness of the dairy industry;

(f) examine current research funding and research objectives pertaining

to the industry; (g) identify equitable regional dairy policies in

consultation with the federal market administrator and officials of

other states as necessary; and (h) recommend, to the legislature, action

as it determines necessary to stabilize and modernize the industry, to

insure that the highest quality dairy products reach the consumer and to

improve the competitive stance of the industry.

3. The commission shall consist of ten members to be appointed as

follows: three members of the senate shall be appointed by the temporary

president of the senate; three members of the assembly shall be

appointed by the speaker of the assembly; two members of the senate

shall be appointed by the minority leader of the senate; and two members

of the assembly shall be appointed by the minority leader of the

assembly. From among the members as appointed, a chairman and vice

chairman shall be appointed jointly by the temporary president of the

senate and the speaker of the assembly. Any vacancy that occurs in the

chairmanship, vice chairmanship or other membership of the commission

shall be filled in the same manner in which the original appointment was

made. No member, officer, or employee of the commission shall be

disqualified from holding any other public office or employment, nor

shall he forfeit any such office or employment by reason of his

appointment hereunder, notwithstanding the provisions of any general,

special or local law, ordinance or city charter.

4. The commission may employ and at pleasure remove such personnel as

it may deem necessary for the performance of the commission's functions

and fix their compensation within the amount appropriated therefor. The

commission may hold public and private hearings, and otherwise have all

of the powers of a legislative committee under this chapter. The members

of the commission shall receive no compensation for their services but

shall be allowed their actual and necessary expenses incurred in the

performance of their duties hereunder.

5. Employees of the commission shall be considered to be employees of

the legislature for all purposes.

6. The commission may request and shall receive from any subdivision,

department, board, bureau, commission, office, agency or other

instrumentality of the state or of any political subdivision thereof,

such facilities, assistance and data as it deems necessary or desirable

for the proper execution of its powers and duties.

7. The commission is hereby authorized and empowered to make and sign

any agreements, and to do and perform any acts that may be necessary,

desirable or proper to carry out the purpose and objectives of this

section.

* NB Repealed June 30, 2027