Authorizes the department of agriculture and markets to notify individual producers of milk in a dairy cooperative of any proposed agreements and orders

Title of bill

An act to amend the agriculture and markets law, in relation to notification of milk producers under certain circumstances

Purpose

To authorize the Commissioner of Agriculture and Markets (the Commissioner) to notify milk producers who are members of certain dairy cooperatives in the event of proposed changes to milk marketing agreements and/or orders.

Summary of specific provisions

Section 16 of the Agriculture and Markets Law (AML), which refers to the general powers and duties of the Commissioner, is amended to provide the above requirement.

Justification

In 1999, dairy farmers across New York and other states voted on a referendum that was perhaps the most significant change in dairy policy in sixty years. Many, however, never actually voted on the issues that no doubt have an impact on their milk check every month. Instead, their dairy marketing cooperatives cast the vote in a procedure called "bloc voting."

While bloc voting can be a useful tool under certain circumstances, this procedure basically serves as a time saving means - but not always in the best interest of individual producers. Bloc voting essentially eliminates a diary farmer's democratic right to vote his or her conscience on matters that affect them financially every day of their lives. Indeed, since dairy cooperatives and their members do not always share identical interests, we should not be asking farmers to ignore that fact.

Unfortunately, the ability to change this procedure lies at the level of federal government. This does not mean, however, that New York - one of the top producing dairy states in the country should not at least make an effort to keep individual cooperative members apprised of proposed changes to existing federal orders (or state-administered orders in the case of Western New York). This is especially true since the administrative offices of many cooperatives make little effort to inform their memberships about pending referendums. Time and again, farmers have indicated that they weren't even aware that a vote on marketing order changes had occurred.

When New York passed legislation in 1998 to become part of the Northeast Dairy Compact, a provision was included that allowed individual farmers in our state to cast individual ballots, even if their cooperatives opted to bloc vote. While the Compact was never reauthorized by Congress, that compromise was indicative of New York's tradition of fairness and appreciation for those who work so hard for our viable, competitive dairy industry. This bill seeks the same laudable goal.

Legislative history

2007-08 S.5106-A Agriculture; A.1296-A Passed Assembly

Fiscal implications

Minimal. The Department currently maintains information on milk producers in the state; program administrators would simply need to compile the information in an appropriate format and notify accordingly.

Effective date

This act shall take effect immediately.