§ 160-V Dumping of certain agricultural products; prohibited

Terms Used In New York Laws > Agriculture and Markets > Article 13-E - Prohibition of Dumping Certain Agricultural Products

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • advertising: means all representations, other than the required label statements made in any manner or by any means relating to seed within the scope of this act. See N.Y. Agriculture and Markets Law 136
  • AEM: means agricultural environmental management. See N.Y. Agriculture and Markets Law 150
  • AEM plan: means a document prepared or approved by a certified AEM planner and accepted by a participating farmer which documents a course of action for the environmental management of a farm operation, including, but not limited to, measures to abate and control agricultural nonpoint source water pollution, air pollution and other adverse environmental impacts from farm operations through the implementation of best management practices, in a way which maintains the viability of the farm operation. See N.Y. Agriculture and Markets Law 150
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agricultural and food analytical standards association: shall mean an independent, third-party, not-for-profit association that develops voluntary, globally accepted, consensus analytical standards and methods for ensuring quality measurements to address the purity and safety of agricultural materials and food and promotes global trade and public health and shall be further defined in regulations by the commissioner. See N.Y. Agriculture and Markets Law 143
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appearance bond: means a bail bond in which the only obligor is the principal. See N.Y. Criminal Procedure Law 500.10
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: includes that person designated to act for him and perform his official function in and during his actual absence or disability. See N.Y. Criminal Procedure Law 700.05
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail: means cash bail , a bail bond or money paid with a credit card. See N.Y. Criminal Procedure Law 500.10
  • Bail bond: means a written undertaking, executed by one or more obligors, that the principal designated in such instrument will, while at liberty as a result of an order fixing bail and of the posting of the bail bond in satisfaction thereof, appear in a designated criminal action or proceeding when his attendance is required and otherwise render himself amenable to the orders and processes of the court, and that in the event that he fails to do so the obligor or obligors will pay to the people of the state of New York a specified sum of money, in the amount designated in the order fixing bail. See N.Y. Criminal Procedure Law 500.10
  • brand: shall mean a term, name, design, or trademark used in connection with one or several grades of commercial fertilizer. See N.Y. Agriculture and Markets Law 143
  • Brand: means each commercial feed identified by and differing from others either in name, trademark, descriptive designation or other method or marking, composition or guaranteed analysis. See N.Y. Agriculture and Markets Law 128
  • Brand name: means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. See N.Y. Agriculture and Markets Law 128
  • Cash bail: means a sum of money, in the amount designated in an order fixing bail, posted by a principal or by another person on his behalf with a court or other authorized public servant or agency, upon the condition that such money will become forfeit to the people of the state of New York if the principal does not comply with the directions of a court requiring his attendance at the criminal action or proceeding involved or does not otherwise render himself amenable to the orders and processes of the court. See N.Y. Criminal Procedure Law 500.10
  • Commercial feed: means all materials except unmixed whole seeds or physically altered entire unmixed seeds, when not adulterated within the meaning of subdivision one of section one hundred thirty-two of this article, which are distributed for use as feed or for mixing in feed, and includes pet food and specialty pet food. See N.Y. Agriculture and Markets Law 128
  • commercial fertilizer: shall mean any substances containing one or more recognized plant nutrients which is used for its plant nutrient content, and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the commissioner. See N.Y. Agriculture and Markets Law 143
  • commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 143
  • Commissioner: means the state commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 108
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 128
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: includes , where appropriate, a judge authorized to act as described in a particular statute, though not as a court. See N.Y. Criminal Procedure Law 500.10
  • crop seeds: include the seeds of grass, forage, cereal, field beans, and fiber crops, including "industrial hemp" as defined in section five hundred five of this chapter, or any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixtures of such seeds. See N.Y. Agriculture and Markets Law 136
  • Customer-formula feed: means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser, including feed mixed from components supplied by the purchaser. See N.Y. Agriculture and Markets Law 128
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of agriculture and markets. See N.Y. Agriculture and Markets Law 128
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribute: means to offer for sale, sell, barter, exchange or otherwise supply commercial fertilizers. See N.Y. Agriculture and Markets Law 143
  • Distribute: means to offer for sale, sell, exchange, or barter commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder. See N.Y. Agriculture and Markets Law 128
  • distributor: means any person who distributes and includes, but is not limited to, manufacturing plants, blending plants and bulk storage facilities. See N.Y. Agriculture and Markets Law 143
  • Distributor: means any person who distributes. See N.Y. Agriculture and Markets Law 128
  • Docket: A log containing brief entries of court proceedings.
  • Dog: means any member of the species canis familiaris. See N.Y. Agriculture and Markets Law 108
  • Domestic animal: means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article. See N.Y. Agriculture and Markets Law 108
  • Donor: The person who makes a gift.
  • Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body. See N.Y. Agriculture and Markets Law 128
  • Eavesdropping: means "wiretapping" "mechanical overhearing of conversation" or the "intercepting or accessing of an electronic communication" as those terms are defined in section 250. See N.Y. Criminal Procedure Law 700.05
  • Eavesdropping warrant: means an order of a justice authorizing or approving eavesdropping. See N.Y. Criminal Procedure Law 700.05
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See N.Y. Criminal Procedure Law 570.04
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Feed: means all edible materials which are consumed by animals and contribute energy or nutrients to the animal's diet. See N.Y. Agriculture and Markets Law 128
  • Feed ingredient: means each of the constitutent materials making up a commercial feed. See N.Y. Agriculture and Markets Law 128
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this state. See N.Y. Agriculture and Markets Law 136
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governor: includes any person performing the functions of governor by authority of the law of this state. See N.Y. Criminal Procedure Law 570.04
  • grade: shall mean the percentages of total nitrogen, available phosphoric acid and soluble potash stated in the order and form required in the guaranteed analysis. See N.Y. Agriculture and Markets Law 143
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • guaranteed analysis: shall mean a statement of the minimum percentage of plant nutrients claimed expressed in the order and form provided in section one hundred forty-four hereof. See N.Y. Agriculture and Markets Law 143
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • hybrid: means the first generation of a cross produced under controlled pollination. See N.Y. Agriculture and Markets Law 136
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurance company bail bond: means a surety bond, executed in the form prescribed by the superintendent of financial services, in which the surety-obligor is a corporation licensed by the superintendent of financial services to engage in the business of executing bail bonds. See N.Y. Criminal Procedure Law 500.10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: except as otherwise provided herein, means any justice of an appellate division of the judicial department in which the eavesdropping warrant is to be executed, or any justice of the supreme court of the judicial district in which the eavesdropping warrant is to be executed, or any county court judge of the county in which the eavesdropping warrant is to be executed. See N.Y. Criminal Procedure Law 700.05
  • kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See N.Y. Agriculture and Markets Law 136
  • label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See N.Y. Agriculture and Markets Law 143
  • Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. See N.Y. Agriculture and Markets Law 128
  • labeling: refers to statements written or imprinted on the seed container itself or on a tag or label securely attached to it as specified in the label requirements of this law. See N.Y. Agriculture and Markets Law 136
  • Labeling: means any and all labels and other written, printed or graphic matter (a) upon a commercial feed or any of its containers or wrappers or (b) accompanying such commercial feed. See N.Y. Agriculture and Markets Law 128
  • labelling: means all written, printed or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers. See N.Y. Agriculture and Markets Law 143
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • lettuce: means iceberg type lettuce. See N.Y. Agriculture and Markets Law 160-P
  • licensee: shall mean a person whose license, pursuant to section one hundred forty-six hereof, has been issued by the commissioner and is still in effect. See N.Y. Agriculture and Markets Law 143
  • Licensee: means any person who has licensed a commercial feed manufacturing facility pursuant to section one hundred twenty-eight-a of this article. See N.Y. Agriculture and Markets Law 128
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lot: means a definite quantity of seed which is identified by a lot number or other mark, and which has been so handled that each portion or container is representative of the whole quantity. See N.Y. Agriculture and Markets Law 136
  • Manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See N.Y. Agriculture and Markets Law 128
  • mixed: means seed consisting of more than one kind, each in excess of five percent by weight of the whole. See N.Y. Agriculture and Markets Law 136
  • Mulch: means a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds, and the prevention of erosion. See N.Y. Agriculture and Markets Law 136
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligor: means a person who executes a bail bond on behalf of a principal and thereby assumes the undertaking described therein. See N.Y. Criminal Procedure Law 500.10
  • Official sample: means a sample of feed taken by the commissioner or his authorized agent in accordance with the provisions of section one hundred thirty-five-a of this article. See N.Y. Agriculture and Markets Law 128
  • Officially recognized: means recognized and designated by the laws or regulations of any state, the United States, any province of Canada, or the government of any foreign country wherein said seeds were produced, except that if said seeds are produced in New York state, section one hundred forty-one shall govern. See N.Y. Agriculture and Markets Law 136
  • Owner: means any person who harbors or keeps any dog. See N.Y. Agriculture and Markets Law 108
  • Partially secured bail bond: means a bail bond secured only by a deposit of a sum of money not exceeding ten percent of the total amount of the undertaking. See N.Y. Criminal Procedure Law 500.10
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • percentage: means the percentage by weight. See N.Y. Agriculture and Markets Law 143
  • percentage of germination: means the percentage of seeds, other than hard seeds, which are capable of producing normal seedlings under favorable conditions. See N.Y. Agriculture and Markets Law 136
  • percentage of hard seed: means the percentage of seeds which are incapable of sprouting promptly because their outer structures are impermeable to water. See N.Y. Agriculture and Markets Law 136
  • person: shall include any individual, partnership, corporation, company, society, or association. See N.Y. Agriculture and Markets Law 136
  • person: includes individual, partnership, association, firm or corporation. See N.Y. Agriculture and Markets Law 143
  • Person: means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. See N.Y. Agriculture and Markets Law 108
  • Person: means any person, firm, partnership, corporation or association. See N.Y. Agriculture and Markets Law 128
  • Person with a disability: means any person with a disability as that term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law. See N.Y. Agriculture and Markets Law 108
  • Personal property: All property that is not real property.
  • Pet: means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof. See N.Y. Agriculture and Markets Law 128
  • Pet food: means any commercial feed prepared and distributed for consumption by pets. See N.Y. Agriculture and Markets Law 128
  • Physical injury: means impairment of physical condition or substantial pain. See N.Y. Agriculture and Markets Law 108
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Principal: means a defendant in a criminal action or proceeding, or a person adjudged a material witness therein, or any other person so involved therein that the principal may by law be compelled to appear before a court for the purpose of having such court exercise control over the principal's person to secure the principal's future attendance at the action or proceeding when required, and who in fact either is before the court for such purpose or has been before it and been subjected to such control. See N.Y. Criminal Procedure Law 500.10
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Product name: means the name of the commmercial feed which identifies it as to kind, class, or specific use. See N.Y. Agriculture and Markets Law 128
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Pure seed: means agricultural, vegetable, flower, tree, or shrub seeds exclusive of inert matter, weed seeds, and all other seeds distinguishable from the kinds, or kinds and varieties being considered. See N.Y. Agriculture and Markets Law 136
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Registrant: means any person who has registered a commercial feed manufacturing facility or brand of pet food or specialty pet food pursuant to the provisions of section one hundred twenty-nine of this article. See N.Y. Agriculture and Markets Law 128
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secured bail bond: means a bail bond secured by either:
    (a) Personal property which is not exempt from execution and which, over and above all liabilities and encumbrances, has a value equal to or greater than the total amount of the undertaking; or
    (b) Real property having a value of at least twice the total amount of the undertaking. See N.Y. Criminal Procedure Law 500.10
  • Securing order: means an order of a court committing a principal to the custody of the sheriff or fixing bail, where authorized, or releasing the principal on the principal's own recognizance or releasing the principal under non-monetary conditions, or, as otherwise authorized under this title, ordering non-monetary conditions in conjunction with fixing bail. See N.Y. Criminal Procedure Law 500.10
  • seed: means botanical structures used for planting purposes and commonly referred to as "seed" within this state. See N.Y. Agriculture and Markets Law 136
  • Serious physical injury: means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. See N.Y. Agriculture and Markets Law 108
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • specialty fertilizer: shall mean a commercial fertilizer distributed primarily for non-farm use, as the commissioner may define by regulation. See N.Y. Agriculture and Markets Law 143
  • Specialty pet: means any domesticated pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. See N.Y. Agriculture and Markets Law 128
  • Specialty pet food: means any commercial feed prepared and distributed for consumption by specialty pets. See N.Y. Agriculture and Markets Law 128
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subpoena: includes a "subpoena duces tecum. See N.Y. Criminal Procedure Law 610.10
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surety: means an obligor who is not a principal. See N.Y. Criminal Procedure Law 500.10
  • Surety bond: means a bail bond in which the obligor or obligors consist of one or more sureties or of one or more sureties and the principal. See N.Y. Criminal Procedure Law 500.10
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • ton: means a net weight of two thousand pounds avoirdupois. See N.Y. Agriculture and Markets Law 143
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • treated: means that the seed has received an effective application of an approved substance or method designed to control or repel plant disease organisms, insects, or other pests; or has received some other treatment to improve its planting value. See N.Y. Agriculture and Markets Law 136
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Unsecured bail bond: means a bail bond, other than an insurance company bail bond, not secured by any deposit of or lien upon property. See N.Y. Criminal Procedure Law 500.10
  • variety: means a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it may be differentiated under certain conditions from other plants of the same kind. See N.Y. Agriculture and Markets Law 136
  • vegetable seeds: includes seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state. See N.Y. Agriculture and Markets Law 136
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.