BILL NUMBER:  S6158A             REVISED 11/24/09

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to
eliminating hauling costs for milk producers and in relation to
ownership of milk


 PURPOSE OR GENERAL IDEA OF BILL :
To provide real and immediate assistance to dairy farmers during this
unprecedented dairy crisis.

 SUMMARY OF SPECIFIC PROVISIONS :
The agriculture and markets law is amended by adding a new section
subdivision 5 to section 257-a and new section 257-b.

Section one:
*Provides definitions for hauling costs.

*Makes it unlawful to charge a milk producer any hauling costs
incurred in the process of picking up milk from the milk producer and
delivering it to a milk plant.

*Requires the commissioner of Agriculture to adopt rules implementing
the cessation of hauling charges to milk producers consistent with
this section.
              

Section two:
*Redefines milk ownership to state that the ownership of milk shall
pass from the milk producer to the milk plant when the milk is placed
in the vehicle used to transfer it from the milk producer's facility
to the milk plant.

Section three:
If a court invalidates any part of this act, such act shall not affect
the remainder hereof.

Section four:
Provides that this act shall take effect upon the enactment into law
by the state of New Hampshire and Vermont having identical effect with
this act and would be automatically repealed should either of those
states repeal their statutes.

 JUSTIFICATION :

Dairy farming in New York State is the largest component of the
agricultural industry. There are nearly 6,000 dairy farms and New York
is ranked third in the nation in milk production behind California and
Wisconsin.  NY's dairy farms continue to provide consumers with a
locally produced, affordable supply of nutritious product that is
needed for all ages. The state's dairy farms are also economic engines
as farms employ 22,000 people statewide while also keeping local
businesses operating.  Many local building supply stores, fuel
suppliers, insurance businesses, feed and dairy supply businesses,
financial services, and veterinarian practices are dependent on farms.
In fact, the money generated from dairy farms is also spent locally,
turning over at least 3 times in local areas. Farms also provide many
environmental benefits such as providing habitat for wildlife, open
space, and scenic vistas for all New Yorkers to enjoy.


Federal Agriculture Secretary, Tom Vilsack recently stated that we are
in, "one of the worst dairy crises in decades". In light of this
crisis, the Federal government needs to address long-term solutions on
pricing, and better tie what farmers receive for milk to the cost of
production.  On this issue, there isn't a lot we can do on the state
level, but we must do something to help our hard-working struggling
farmers and this legislation provides an immediate and real revenue
boost to them.


Currently, all farmers are suffering from the rising costs of
operation-feed, energy, health care--just as the price their milk
demands on the market is at a 30-year low according to the United
States Department of Agriculture (USDA). All-milk prices have averaged
$10.95-$11.65 per hundredweight (cwt) this year (2009), the lowest
since 1978 (according to the USDA). It is important to note that this
figure is not taking into account inflation. Inflation has eroded the
purchasing value of the $11 that farmers received in 1978 to the point
that comparatively it only allows for the purchasing of $3.32 worth of
goods in 2009 money. Put differently, according to the Bureau of Labor
Statistics, which provides current purchasing power of any dollar
amount from anytime in the past, for farmers to have the same
purchasing power they had in 1978, they would need to receive
$36.47/cwt.


Dairy farming is a unique business as dairy farmers are price takers
and cannot pass along any increase in operating costs. When milk is
loaded onto the truck at the farm, the farmer does not know what price
will be received for that milk until the payment arrives the following
month.  Milk is priced on a per hundredweight basis, unlike at the
consumer level where it is priced on a per gallon basis. There are
approximately 12 gallons in one hundredweight of milk. A price of
$11/cwt, equates to approximately $0.90 per gallon received by the
producer who are being paid as if raw fluid milk was only skim milk.
However, the processors are able to use this raw milk, and separate
out the byproducts from the milk to get additional fat and protein and
make other profitable products like cheese, butter and ice cream.


Moreover, a recent study out of Vermont shows that dairy farmers are
only receiving 0.91 of each gallon of milk sold in a store.  Consumers
pay upwards of $3 per gallon, considerably more than the $0.90 a
farmer receives for a gallon of milk. That's the markup added by each
stage of the shipping, processing and retailing operation that stands
between their farms and consumer's fridge. At the retail end, in New
York State, milk bottlers are sanctioned by law, to charge a 200
percent margin on milk, a higher margin than consumers pay for most
any other staple item on the Consumer Price Index, which is compiled
by the US Labor Department. Currently, everyone seems to be profiting
from dairy farming, except farmers themselves.


The bottom line is that out of each dollar a consumer spends on a
gallon of milk the dairy farm nets a very small percentage of that
dollar.  Farms, like any business, have costs. Operating costs,
according to the USDA Economic Research Service, include feed,
veterinarian expenses, bedding, marketing, fuel, electricity, repairs,
and other miscellaneous costs. USDA data also indicates that these
production costs in New York state have increased to the point that it
costs farmers about $25/cwt to produce milk and just break even, so
when farmers are receiving $11 per cwt (as they are now) then they are
operating at a huge loss.


The price that farmers receive for milk is based on a federal formula
derived from the price of four globally traded dairy commodities
butter, dry milk powder, whey powder (a byproduct of cheese-making)
and cheddar cheese sold on the Chicago Mercantile Exchange (CME) and
is administered by the USDA Federal Milk Marketing Order Office. Then
a value is added based on the amount of protein, butterfat and solids
in each individual farm's milk. These 2 values are added together,
along with any quality premiums the farm may qualify for, and lastly,
transportation costs are deducted. This is called the mailbox price,
or the price that the farmer actually receives. Under this
legislation, the transportation costs would not be deducted, so
farmers mailbox price would increase. This is one real and immediate
measure we can take to help dairy farmers during this tumultuous time.


Hauling is a critical component to the entire milk marketing system.
Hauling charges will typically range from 3-4% of the gross value of
the milk the farm sells. Under current law, processors charge farmers
hauling costs incurred in the process of picking up milk from the milk
producer and delivering it to a milk plant, receiving station or
transfer station. If this bill is not passed, than faltering milk
prices and high production costs could spell the end for many of the
state's local dairy farmers. Farmers can only operate at a loss for so
long and borrowing money to fund operational costs can only be a
temporary option. If State and Federal legislators do not act to help
dairy farmers, it is estimated that New York will lose over 1,000
family dairy farms in the next year. This will decrease the volume of
fresh dairy products that are available to consumers, and could cause
other local businesses whose revenues are dependent on farms to close
too.

 PRIOR LEGISLATIVE HISTORY :
2009: New

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.