250-F - Stated grape price.

§   250-f.  Stated  grape  price.  Notwithstanding  any  provision  of  subdivision one of section two hundred fifty-e of this  article,  except  with  respect  to  such cooperative member patrons, it shall be unlawful  for any processor doing business in New York to purchase or  receive  or  attempt to purchase or receive grapes grown in New York state unless the  processor  sets  forth  and makes available to any selling or delivering  party, not later than August fifteenth in the year in which  the  grapes  are  to  be delivered, the sum total in dollars and cents of all amounts  paid or to be paid per unit; provided, however, that a processor  and  a  producer  may  negotiate without restriction a price for up to five tons  of grapes per variety, not to exceed a maximum of twenty tons of  grapes  total,  other  than  the  price  originally  set  forth pursuant to this  section provided that any such negotiated prices shall be set  forth  in  writing  by  the  processor  no  later than the date of delivery of said  grapes. Where a selling or delivering party has a contract for  delivery  of  such  grapes  to  a  processor,  the processor shall, not later than  August fifteenth in the year in which such grapes are to  be  delivered,  mail  to  the  delivering  or selling party written notice of the stated  grape price and of the opportunity to refuse to so deliver with  respect  thereto.  Such  notice  may  also  be  provided  by  facsimile, or other  electronic means to selling or delivering parties who have  the  ability  to  accept  notice  in  that manner and have agreed to accept service by  such means. The processor shall also  provide  to  the  commissioner  by  mail,  facsimile,  or  other  electronic  means,  no  later  than August  fifteenth of each year in which such  grapes  are  to  be  delivered,  a  written statement of the stated grape price to be paid for such grapes.