New York Agricultural Producers Security Program
Broader than PACA as it covers all agricultural products produced in New York, including products as diverse as fruits and vegetables, cattle, hay, Christmas trees, wool, maple syrup, but excluding eggs, timber and dairy.
Who is protected?
New York producers of the listed agricultural products who sell to receivers who sell at least $10,000 of product at wholesale in a year. The producer’s customer must be licensed at the time the transaction takes place for which the claim is made.
Who is subject to the law? Any New York based receiver of any of the covered agricultural products who sells at least $10,000 worth of these products at wholesale in a year.
Special provision of New York law – The New York Agricultural Producers Security Program has a special statutory trust which is very similar to PACA. Minnesota and New York are unique in that their state produce laws have protections similar to the PACA trust.
All claims for unpaid product must have taken place in the last 365 days. There are other limitations in the law.
Where are Claims Filed?
Bond claims are filed with the New York Department of Agriculture and Markets. Trust claims must be filed in the Supreme Court of New York of the county where the licensee is located. Successful trust claimants can also recover reasonably attorney’s fees in their suits to enforce their rights under the trust.
Is There a Bond Requirement?
Yes, licensees must be bonded.
List of New York receivers licensed under the Act: http://www.agriculture.ny.gov/AP/LicFarmProdDealersList.asp