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Assembly Bill A8591

2011-2012 Legislative Session

Criminalizes unlawful conduct of a farm products dealer in certain circumstances

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2011-A8591 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §190.87, Pen L; amd §246, Ag & Mkts L

2011-A8591 (ACTIVE) - Summary

Criminalizes unlawful conduct of a farm products dealer in certain circumstances.

2011-A8591 (ACTIVE) - Bill Text download pdf 

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

                                  8591

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law and the agriculture and  markets  law,  in
  relation  to  criminalizing unlawful conduct of a farm products dealer
  in certain circumstances

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

  Section  1. The penal law is amended by adding a new section 190.87 to
read as follows:
S 190.87 UNLAWFUL CONDUCT; FARM PRODUCTS DEALER.
  A PERSON IS GUILTY OF UNLAWFUL CONDUCT WHEN HE OR SHE:
  1. ACTS AS A FARM PRODUCTS DEALER AS DEFINED BY  SECTION  TWO  HUNDRED
FORTY-FIVE OF THE AGRICULTURE AND MARKETS LAW AND IS NOT LICENSED PURSU-
ANT TO THE PROVISIONS OF ARTICLE TWENTY OF SUCH LAW; OR
  2. IS A LICENSED FARM PRODUCTS DEALER THAT:
  A. MAKES ANY FRAUDULENT CHARGE IN RESPECT TO ANY FARM PRODUCT;
  B.  REJECTS  OR  FAILS TO ACCOUNT AND MAKE PROMPT PAYMENT FOR, WITHOUT
REASONABLE CAUSE, ANY FARM PRODUCTS, BOUGHT OR CONTRACTED TO  BE  BOUGHT
OR NEGOTIATED TO BE BOUGHT BY SUCH DEALER;
  C.  DISCARDS,  DUMPS  OR  DESTROYS, WITHOUT REASONABLE CAUSE, ANY FARM
PRODUCTS RECEIVED BY HIM OR HER;
  D. MAKES ANY FALSE OR MISLEADING STATEMENT, OR OTHER MISREPRESENTATION
CONCERNING THE CONDITION, QUALITY, GRADE, QUANTITY OR DISPOSITION OF  OR
CONDITION  OF  THE MARKET FOR ANY FARM PRODUCTS RECEIVED BY OR BOUGHT OR
CONTRACTED TO BE BOUGHT BY SUCH DEALER, OR THE PURCHASE OR SALE OF WHICH
IS NEGOTIATED BY SUCH DEALER; OR
  E. DIRECTLY OR INDIRECTLY PURCHASES FOR HIS OR HER  OWN  ACCOUNT  FARM
PRODUCTS  RECEIVED  BY  HIM OR HER FOR SALE ON COMMISSION, WITHOUT PRIOR
AUTHORITY FROM OR WITHOUT NOTIFYING THE CONSIGNOR THEREOF.
  UNLAWFUL CONDUCT IS A CLASS E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13419-01-1

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