N.Y.
Agriculture & Markets Law Section 256-B
Accounting of milk dealers and cooperatives to producers
1.
For purposes of this section, any corporation or association of persons engaged in the production of agricultural products and operating for the mutual benefit of its members in conformity with the requirements of the Capper-Volstead Act, and any federation of such corporations or associations, shall be deemed to be a cooperative.2.
Every milk dealer and cooperative, subject to license or regulation under this article, in making payments to producers for milk sold or delivered to such dealer or cooperative, shall clearly set forth the unit price for such milk, whether determined pursuant to federal or state market order or pursuant to agreement, together with the amount of all premiums, subsidies or differentials, all deductions, service fees, hauling charges, supply expenses, costs or adjustments of any nature whatsoever, in such a manner as to fully disclose to the producer the rate, basis and manner of computing such payment.3.
Each cooperative subject to license or regulation pursuant to this article shall, prior to its annual meeting, mail or personally deliver a copy of a written report of audit, prepared in the form and manner prescribed under Cooperative Corporations Law § 75 (Audit and annual report)section seventy-five of the cooperative corporations law, to each member of the cooperative and to individual producer members of any constituent cooperatives. The printing of such report in a publication regularly distributed to the cooperative’s entire membership shall satisfy the delivery requirement.4.
Each milk producer who applies for membership in such a cooperative shall, prior to issuance of a membership certificate or entry into a milk marketing agreement with the cooperative, be provided with the following documents of such cooperative and of any federation of cooperatives of which it is a member:(a)
a copy of the cooperative’s written report of audit required to be provided to the cooperative’s membership, pursuant to subdivision three of this section, for the fiscal year preceding the date of such application;(b)
a copy of the certificate of incorporation;(c)
a copy of the bylaws in effect at the time of such producer’s application for membership; and(d)
a written statement of the current equity requirements and policy on the allocation of net margins and losses.5.
The commissioner may make or permit disclosure of a written report of audit made pursuant to subdivision three of this section for any cooperative subject to license or regulation pursuant to this article.6.
The commissioner may promulgate rules and regulations necessary to assure such uniform requirements as will carry out the provisions of this section.
Source:
Section 256-B — Accounting of milk dealers and cooperatives to producers, https://www.nysenate.gov/legislation/laws/AGM/256-B (updated Sep. 22, 2014; accessed Apr. 20, 2024).
