* § 83-b. Legislative commission on dairy industry development. 1. (a)
The legislature hereby finds and declares that the dairy industry is a
vital component of the economy of New York state and that continuing to
assure the sound condition of the dairy industry is important to the
well-being of those people of the state who are employed in this
business sector and to consumers of dairy products. The dairy industry
of the state generates a retail value of well over three and a half
billion dollars annually and provides employment for sixty thousand
people in the production, processing and distribution of its products
through to the retail level. The importance of employment and income
derived from the dairy industry is particularly great in rural local
economies, where dairy production is usually the predominant industry.
Milk is an important item in the food budget and is regarded as an
indispensable food to many making its availability to consumers at
reasonable prices of much importance.

(b) The legislature further finds that, although New York state
remains the third leading state in milk production, concerns exist
regarding the continued vitality of the state's dairy industry and the
continued availability to the consumers of the state of high quality,
reasonably priced dairy products. Changes in consumption preferences,
calls for changes in marketing practices and newly developing
technologies require the adaptation of all facets of the state's dairy
industry if they are to maintain and enhance that industry's competitive
position. It is apparent that positive efforts are warranted to
investigate these circumstances and to determine corrective legislative
action.

2. A legislative commission on dairy industry development is hereby
established to: (a) review existing laws and regulations of New York and
other states, as well as those of the federal government, pertaining to
the dairy industry, including, but not limited to fair trade practice,
standards and labeling of dairy products and their imitations, sanitary
regulations, testing and quality control, dairy promotion, organization
of market orders, and interstate barriers to the free movement of milk
amongst the states of the northeast; (b) examine current and likely
economic forces affecting the producer in order to identify causes of
and remedies for the severe economic pressures which are affecting or
which may affect the industry and dairy farmers in particular; (c)
examine the level of milk dealer and retail outlet margins to determine
if such margins substantially exceed costs and a reasonable return on
investment; (d) examine the adequacy of availability of milk to
consumers at reasonable prices, and for the reasons for the wide
variability in retail milk prices in the various markets of the state
and as between the various markets; (e) identify policies to strengthen
and improve the organization and effectiveness of the dairy industry;
(f) examine current research funding and research objectives pertaining
to the industry; (g) identify equitable regional dairy policies in
consultation with the federal market administrator and officials of
other states as necessary; and (h) recommend, to the legislature, action
as it determines necessary to stabilize and modernize the industry, to
insure that the highest quality dairy products reach the consumer and to
improve the competitive stance of the industry.

3. The commission shall consist of ten members to be appointed as
follows: three members of the senate shall be appointed by the temporary
president of the senate; three members of the assembly shall be
appointed by the speaker of the assembly; two members of the senate
shall be appointed by the minority leader of the senate; and two members
of the assembly shall be appointed by the minority leader of the
assembly. From among the members as appointed, a chairman and vice
chairman shall be appointed jointly by the temporary president of the
senate and the speaker of the assembly. Any vacancy that occurs in the
chairmanship, vice chairmanship or other membership of the commission
shall be filled in the same manner in which the original appointment was
made. No member, officer, or employee of the commission shall be
disqualified from holding any other public office or employment, nor
shall he forfeit any such office or employment by reason of his
appointment hereunder, notwithstanding the provisions of any general,
special or local law, ordinance or city charter.

4. The commission may employ and at pleasure remove such personnel as
it may deem necessary for the performance of the commission's functions
and fix their compensation within the amount appropriated therefor. The
commission may hold public and private hearings, and otherwise have all
of the powers of a legislative committee under this chapter. The members
of the commission shall receive no compensation for their services but
shall be allowed their actual and necessary expenses incurred in the
performance of their duties hereunder.

5. Employees of the commission shall be considered to be employees of
the legislature for all purposes.

6. The commission may request and shall receive from any subdivision,
department, board, bureau, commission, office, agency or other
instrumentality of the state or of any political subdivision thereof,
such facilities, assistance and data as it deems necessary or desirable
for the proper execution of its powers and duties.

7. The commission is hereby authorized and empowered to make and sign
any agreements, and to do and perform any acts that may be necessary,
desirable or proper to carry out the purpose and objectives of this
section.

* NB Repealed June 30, 2024