2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 21 - (252 - 258-R) Milk Control
258-A - License fees.


NY Agri & Mkts L § 258-A (2012) What's This?
 
    § 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.

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