§ 111. Definitions. For the purposes of this article: (a) the term
"agricultural cooperative" means a cooperative, either stock or
non-stock, operated for the mutual benefit of the members in which (1)
no member is allowed more than one vote because of the amount of stock
or membership capital he or she may own therein, and (2) the cooperative
does not pay dividends on stock or membership capital in excess of
twelve per centum per annum, and (3) the cooperative does not deal in
farm products, agricultural waste products or agricultural compost, farm
supplies, farm business services and the capture of methane and other
gases for the generation and use or sale of energy, as defined in
section 1-103 of the energy law with or for non-members in an amount
greater in value than the total amount of such business transacted by it
with or for members.
Only persons engaged in the production of agricultural products, or
cooperative corporations of such producers organized under the laws of
this or any other state, shall be eligible for membership in any
agricultural marketing or purchasing corporation formed or operated
under the provisions of this article. The terms and conditions of
membership shall be prescribed in the by-laws. The board of directors
shall be chosen at the time and place and for terms fixed by the
by-laws, but at least one-fourth of the directors must be elected
annually.
The by-laws may provide for their amendment by the board of directors;
but any amendment adopted by the board which affects the preferential
rights or obligations of the members or stockholders shall be reported
to the next annual meeting of the corporation, and if not affirmatively
approved thereat shall cease to be in effect. Such by-laws reported to
the annual meeting may be adopted, repealed or amended on the
affirmative vote of two-thirds of the members, stockholders or delegates
voting thereon at a meeting held after due written notice setting forth
the proposed action and the purpose of the meeting.
(b) The term "agricultural products" shall mean horticultural,
viticultural, dairy, livestock, poultry, bee and any other farm
products.
(c) The terms "feed", "food", and "food products" mean any substance,
capable of human, animal or poultry consumption, whether simple, mixed
or compound, and all substances or ingredients added to food for such
purpose.
(d) The term "agricultural waste products" means livestock manure and
crop residues.
(e) The term "agricultural compost" means organic waste derived
principally from farm operations and which has been subjected to
aerobic, thermophilic decomposition to produce a stable, humus-like
material.