N.Y. Comp. Codes R. & Regs. tit. 1, § 202.10
Agriculture and Markets Law, § 294(2)
During each marketing season and not later than July first, the commissioner shall estimate a budget necessary for the administration and enforcement of this order and for carrying on duly authorized activities, including advertising, promotion, marketing research and informational service. The commissioner shall announce a rate of assessment to provide adequate funds to defray expenditures in the budget. The rate of assessment shall not exceed $10 per ton of sour cherries, and shall not exceed the maximum rate authorized in paragraph 2(d) of section 294 of the act. The total amount of budgeted administrative cost shall not exceed five percent of the total budget.