83-B - Legislative commission on dairy industry development.
* § 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 vicechairman 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, 2011