§ 250-f. Stated grape price. Notwithstanding any provision of
subdivision one of section two hundred fifty-e of this article, except
with respect to such cooperative member patrons, it shall be unlawful
for any processor doing business in New York to purchase or receive or
attempt to purchase or receive grapes grown in New York state unless the
processor sets forth and makes available to any selling or delivering
party, not later than August fifteenth in the year in which the grapes
are to be delivered, the sum total in dollars and cents of all amounts
paid or to be paid per unit; provided, however, that a processor and a
producer may negotiate without restriction a price for up to five tons
of grapes per variety, not to exceed a maximum of twenty tons of grapes
total, other than the price originally set forth pursuant to this
section provided that any such negotiated prices shall be set forth in
writing by the processor no later than the date of delivery of said
grapes. Where a selling or delivering party has a contract for delivery
of such grapes to a processor, the processor shall, not later than
August fifteenth in the year in which such grapes are to be delivered,
mail to the delivering or selling party written notice of the stated
grape price and of the opportunity to refuse to so deliver with respect
thereto. Such notice may also be provided by facsimile, or other
electronic means to selling or delivering parties who have the ability
to accept notice in that manner and have agreed to accept service by
such means. The processor shall also provide to the commissioner by
mail, facsimile, or other electronic means, no later than August
fifteenth of each year in which such grapes are to be delivered, a
written statement of the stated grape price to be paid for such grapes.