Establishes a farmers' bill of rights; specifies prohibited unfair trade practices which have the purpose of intentionally impairing a producer's freedom to bargain collectively with other producers in the marketing of the producer's product; provides that the commissioner of the department of agriculture and markets shall take action to restrain such violations upon the application of an association of producers; increases the limit on damages for encouraging or permitting delivery of products in violation of marketing agreements.
S T A T E O F N E W Y O R K
________________________________________________________________________
6130
2025-2026 Regular Sessions
I N A S S E M B L Y
February 26, 2025
___________
Introduced by M. of A. LEMONDES -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law and the cooperative
corporations law, in relation to establishing a farmers' bill of
rights
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 two
new sections 256-c and 256-d to read as follows:
§ 256-C. FARMERS' BILL OF RIGHTS; DECLARATION OF POLICY. THE
EXPRESSED INTENT OF THE AGRICULTURE AND MARKETS LAW AND THE POLICY OF
THIS STATE IS TO FOSTER AND ENCOURAGE THE MARKETING OF FARM PRODUCTS
THROUGH PRODUCER OWNED AND CONTROLLED COOPERATIVES. THE ORDERLY MARKET-
ING OF FARM PRODUCTS FOR THE BENEFIT OF FARMERS, DISTRIBUTORS, AND
CONSUMERS IS ENHANCED WHEN FARMERS ARE FREE TO MAKE AN INDEPENDENT UNCO-
ERCED DECISION REGARDING THEIR PARTICIPATION IN COOPERATIVE ASSOCI-
ATIONS, AS AUTHORIZED BY STATE AND FEDERAL LAW. INTERFERENCE IN THE
EXERCISE OF THIS FREE RIGHT OF CHOICE IS CONTRARY TO THE PUBLIC INTER-
EST. FOR THIS REASON, THE LEGISLATURE FINDS THAT THE PUBLIC INTEREST
REQUIRES THAT THERE BE A SPECIFICATION OF PROHIBITED UNFAIR TRADE PRAC-
TICES WHICH HAVE THE PURPOSE OF INTENTIONALLY IMPAIRING A FARMER'S FREE-
DOM TO BARGAIN COLLECTIVELY WITH OTHER FARMERS IN THE MARKETING OF THE
FARMER'S PRODUCT.
FOR PURPOSES OF THIS SECTION, (I) AN "ASSOCIATION OF FARMERS" OR
"COOPERATIVE" SHALL MEAN ANY CORPORATION OR ASSOCIATION OF PERSONS
ENGAGED IN THE PRODUCTION OF FARM PRODUCTS AND OPERATING FOR THE MUTUAL
BENEFIT OF ITS MEMBERS IN CONFORMITY WITH THE REQUIREMENT OF THE
CAPPER-VOLSTEAD ACT, AND ANY FEDERATION OF SUCH CORPORATIONS OR ASSOCI-
ATIONS, OR OF SUCH CORPORATIONS, ASSOCIATIONS, AND INDIVIDUAL FARMERS,
AND (II) AN ASSOCIATION OF FARMERS SHALL NOT BE CONSIDERED TO BE A
DISTRIBUTOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08684-01-5
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