2006 New York Code - Definitions.

 
    § 293. Definitions.  (1)  "Agricultural  commodity"  means any and all
  agricultural, horticultural, vineyard products, corn  for  grain,  oats,
  soybeans, barley, wheat, poultry or poultry products, bees, maple syrup,
  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.
    (1-a)  "Aquaculture"  means  the  culture,  cultivation and harvest of
  aquatic plants and animals.
    (1-b) "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.
    (2) "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.
    (3) "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.
    (4)  "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.
    (5)  "Distributor"  means  any  person  engaged  within this state, in
  selling, offering for sale, marketing or  distributing  an  agricultural
  commodity  or  aquatic product which he has purchased or acquired from a
  producer or other person or  which  he  is  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.
    (6) "Commissioner" means the commissioner of agriculture and markets.
    (7)  "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.
    (8)  "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.
    * (9)   "Good   faith  bargaining"  means  the  mutual  obligation  of
  processors and growers to  meet  at  reasonable  times  and  places  and
  negotiate  with  respect  to the price, quantity to be marketed, quality
  specifications, terms of sale and other contract provisions.
    * NB Expired January 1, 1987
    * (10) "Joint settlement  committee"  means  a  committee  with  equal
  representation  of  processors or handlers and producers or associations
  of producers together with a chairman who shall be the representative of
  the commissioner.
    * NB Expired January 1, 1987