Assembly Bill A6414

                                BILL NUMBER:A6414A

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to notification of milk producers under certain circumstances

PURPOSE OF BILL: To authorize the Commissioner of Agriculture and
Markets (the Commissioner) to notify milk producers who are members of
certain dairy cooperatives in the event of proposed changes to milk
marketing agreements and/or orders.

SUMMARY OF PROVISIONS: Section 16 of the Agriculture and Markets Law
(AML), which reflects to the general powers and duties of the Commis-
sioner, is amended to provide the above requirement.

JUSTIFICATION: In 1999, dairy farmers across New York and other states
voted on a referendum that was perhaps the most significant change in
dairy policy in sixty years. Many, however, never actually voted on the
issues that no doubt have an impact on their milk check every month.
Instead, their dairy marketing cooperatives cast the vote in a procedure
called "bloc voting."

While bloc voting can be a useful tool under certain circumstances, this
procedure basically serves as a time saving means - but not always in
the best interest of individual producers. Bloc voting essentially elim-
inates a diary farmer's democratic right to vote his or her conscience
on matters that affect them financially every day of their lives.
              

Indeed, since dairy cooperatives and their members do not always share
identical interests, we should not be asking farmers to ignore that
fact.

Unfortunately, the ability to change this procedure lies at the level of
federal government. This does not mean, however, that New York - one of
the top producing dairy states in the country - should not at least make
an effort to keep individual cooperative members apprised of proposed
changes to existing federal orders (or state-administered orders in the
case of Western New York). This is especially true since the administra-
tive offices of many cooperatives make little effort to inform their
memberships about pending referendums. Time and again, farmers have
indicated that they weren't even aware that a vote on marketing order
changes had occurred.

When New York passed legislation in 1998 to become part of the Northeast
Dairy Compact, a provision was included that allowed individual farmers
in our state to cast individual ballots, even if their cooperatives
opted to bloc vote. While the Compact was never reauthorized by
Congress, that compromise was indicative of New York's tradition of
fairness and appreciation for those who work so hard for our viable,
competitive dairy industry. This bill seeks the same laudable goal.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal. The Department currently maintains infor-
mation on milk producers in the state; program administrators would
simply need to compile the information in an appropriate format and
notify accordingly

EFFECTIVE DATE: This act shall take effect 30 days after passage.