New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter IV - Markets
Subchapter F - MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW)
Part 202 - Sour Cherry Marketing Order
Section 202.1 - Definitions

Current through Register Vol. 46, No. 12, March 20, 2024

As used in this marketing order, the following terms shall have the following meanings:

(a) Commissioner means the Commissioner of Agriculture and Markets of the State of New York, or any officer or employee of the Department of Agriculture and Markets to whom authority has been or may be delegated to act in his stead.

(b) Department means the Department of Agriculture and Markets of the State of New York.

(c) Person means any individual, partnership, corporation, cooperative association, or any other business unit.

(d) Sour cherries means all marketable sour cherries produced in New York State for the purpose of processing.

(e) Grower means any person who produces or causes to be produced sour cherries as herein defined.

(f) Processor means any person, firm, cooperative association, corporation, partnership, company or other business unit which performs any of the functions of processing sour cherries as herein defined.

(g) Process and processing are synonymous terms and mean the operations of receiving, cleaning, grading, canning, freezing, preserving, brining, crushing, juicing, or otherwise preparing sour cherries as herein defined for marketing in any other form than for fresh consumption.

(h) Sour cherry advisory committee means the committee established pursuant to the provision of sections under heading "Sour Cherry Advisory Committee" (§ 202.3 et seq.) in this order.

(i) Books and records means any books, records, contracts, documents, memoranda, papers, correspondence or other written data pertaining to matters relating to this marketing order of any grower or processor directly affected by this marketing order.

(j) Marketing season means the period beginning April 1st of any year and extending through March 31st of the following year.

(k) Act means article 25 of the Agriculture and Markets Law of the State of New York.

(l) Marketable sour cherries means all sour cherries sold to processor and accepted for processing.

(m) Fiscal agent means such trust company as may be designated by the commissioner.

(n) Administration fund means the monies received by the commissioner from assessments on sour cherries delivered by a grower to a processor as provided in sections 202.10 -202.12 of this order.

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