S T A T E O F N E W Y O R K
________________________________________________________________________
2787
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. CROUCH -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to trans-
portation surcharges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 257-b to read as follows:
S 257-B. TRANSPORTATION SURCHARGES. 1. A DAIRY TRANSPORTER SHALL NOT
REQUIRE AN INDIVIDUAL FARMER, FARMING COOPERATIVE OR A FARMING ASSOCI-
ATION TO PAY A DAIRY HAULING SURCHARGE; UNLESS SUCH SURCHARGE IS
APPROVED BY THE DEPARTMENT. THE DEPARTMENT SHALL APPROVE TRANSPORTATION
SURCHARGES WHICH THE COMMISSIONER DEEMS JUSTIFIED SURCHARGES.
2. FOR THE PURPOSES OF THIS SECTION, A JUSTIFIED SURCHARGE SHALL BE
DEFINED AS A CHARGE DIRECTLY CORRELATED TO THE ACTUAL COSTS OF TRANSPOR-
TATION DUE TO THE DRASTIC INCREASE IN THE COST OF FUEL AND ANY UNANTIC-
IPATED COST THAT AFFECTS THE ENTIRE DAIRY INDUSTRY.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04542-01-1