N.Y. Comp. Codes R. & Regs. tit. 1 § 24.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 24.2 - Application

(a) Any person who proposes to purchase, handle, sell or otherwise deal in milk in a manner which represents the customary function of a milk dealer shall file an application for a license, setting forth the nature of the milk business the applicant intends to conduct and such other information as the commissioner deems necessary to determine whether the applicant qualifies for a license. For purposes of reviewing and determining such applications, licenses shall be classified according to the following types of milk businesses:

(1) purchase of milk;

(2) sale and distribution of milk;

(3) processing of fluid milk;

(4) manufacture of milk products;

(5) cooperative bargaining and collecting for the sale of milk;

(6) brokering of milk; and

(7) hauling of milk.

(b) Any licensed milk dealer who proposes to change the type of his or her milk business, so as to result in a new classification of license, including the acquisition of the milk business of another milk dealer and the operation of a new or additional plant or other facility, shall file an application for an extension of license. The application shall be on a form provided by the commissioner and shall contain such information as deemed necessary to determine the extent and nature of the proposed change in the milk dealer's business.

(c) Any person who proposes to purchase, merge or transfer stock of an existing milk dealer which is a nonpublic corporation, or a one-third or greater ownership interest in an existing milk dealer which is a corporation whose stock is publicly traded, shall notify the commissioner in writing of his intention and obtain approval before completing any such transaction, in accordance with Agriculture and Markets Law, section 258-c.

(d) An applicant for a milk dealer's license, or for an extension of an existing license, or to acquire an existing milk dealer, shall not engage in the business for which the application is made until the application has been granted by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 24.2