S T A T E   O F   N E W   Y O R K
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                                  7265

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by  M. of A. MAGEE, CASTRO, COOK, DelMONTE, FIELDS, GUNTHER,
  JAFFEE, LUPARDO, REILLY -- Multi-Sponsored by -- M. of  A.  EDDINGTON,
  GABRYSZAK, McENENY, ROSENTHAL, TITONE -- (at request of the Department
  of Agriculture and Markets) -- read once and referred to the Committee
  on Agriculture

AN  ACT  to amend the agriculture and markets law, in relation to notice
  of stated grape prices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  250-f  of  the agriculture and markets law, as
amended by chapter 490 of the laws  of  2005,  is  amended  to  read  as
follows:
  S 250-f. Stated grape price. Notwithstanding any provision of subdivi-
sion  one  of  section  two hundred fifty-e of this article, except with
respect to such cooperative member patrons, it shall be unlawful for any
processor doing business in New York to purchase or receive  or  attempt
to purchase or receive grapes grown in New York state unless the proces-
sor  sets  forth and makes available to any selling or delivering party,
not later than August fifteenth in the year in which the grapes  are  to
be  delivered, the sum total in dollars and cents of all amounts paid or
to be paid per unit; provided, however, that a processor and a  producer
may  negotiate without restriction a price for up to five tons of grapes
per variety, not to exceed a maximum of twenty  tons  of  grapes  total,
other  than  the  price  originally  set  forth pursuant to this section
provided that any such negotiated prices shall be set forth  in  writing
by  the  processor  no  later  than the date of delivery of said grapes.
Where a selling or delivering party has a contract for delivery of  such
grapes  to  a  processor,  the  processor  shall,  not later than August
fifteenth in the year in which such grapes are to be delivered, mail  to
the delivering or selling party written notice of the stated grape price
and  of  the  opportunity  to refuse to so deliver with respect thereto.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08267-02-9
              

A. 7265                             2

SUCH NOTICE MAY ALSO BE PROVIDED BY FACSIMILE, OR OTHER ELECTRONIC MEANS
TO SELLING OR DELIVERING PARTIES WHO HAVE THE ABILITY TO  ACCEPT  NOTICE
IN  THAT  MANNER  AND  HAVE  AGREED TO ACCEPT SERVICE BY SUCH MEANS. The
processor  shall also provide to the commissioner by mail, facsimile, or
OTHER electronic means, no later than August fifteenth of each  year  in
which such grapes are to be delivered, a written statement of the stated
grape price to be paid for such grapes.
  S 2. This act shall take effect immediately.