reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 45 - Agricultural Commodities Marketing › Section 4509 - Notice of issuance

§ 4509. Notice of issuance.
Upon the issuance of any marketing program or any suspension, amendment or termination thereof, a notice shall be published in a newspaper of general circulation published in the capital of the Commonwealth and in such other newspapers as the secretary may prescribe. No program or any suspension, amendment or termination thereof shall become effective until the termination of a period of 20 days from the date of the publication. It shall also be the duty of the secretary to mail a copy of the notice of the issuance to all producers directly affected by the terms of the program, suspension, amendment or termination whose names and addresses may be on file in the office of the secretary and to every person who files in the office of the secretary a written request for notice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 45 - Agricultural Commodities Marketing › Section 4510 - Collection of fees

§ 4510. Collection of fees.
(a) General rule.--
Any marketing program issued pursuant to this chapter shall provide for the collection of fees to defray the necessary expenses incurred in the formation, issuance, administration and enforcement of the marketing program and shall include the amount, time, method and condition of payment. Fees to be charged shall not be in excess of that which will generate revenues of 5% of the gross market value of production and marketing of the commodity subject to the marketing program. Each and every producer affected by any marketing program issued under this chapter shall pay to the secretary at the time and in the manner as prescribed by the program as adopted the charges provided by this subsection.
(b) Collection by sales agents.--
For the convenience of making collections of any producer charges established pursuant to this section, the secretary shall have the authority and may, by regulation, upon the request of a commodity marketing board, require sales agents to collect producer charges upon the sale of the agricultural commodity.
(c) Appropriation.--
Any money collected by the secretary under this chapter is hereby specifically appropriated to the department for the administration of the marketing programs for which they were collected. When a marketing program is discontinued, the surplus money shall be made available for the administration of this chapter or of future marketing programs involving the same commodity.
(d) Auditing standards.--
Each board shall adopt and publish a set of auditing standards, consistent with generally accepted auditing standards, against which the moneys it collects pursuant to this chapter and expends in accordance with the terms of this chapter can be audited. Each board shall engage an outside auditing firm to conduct annually an audit of its collections and expenditures. An audit under Federal law or regulation may be accepted by the board as long as it meets the minimum standards established under this section.
Cross References.
Section 4510 is referred to in section 4504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 45 - Agricultural Commodities Marketing › Section 4511 - Rules and regulations for enforcement

§ 4511. Rules and regulations for enforcement.
The secretary shall, with the advice of the commodity marketing board, make and promulgate rules and regulations as may be necessary to effectuate this chapter and to enforce the provisions of any marketing program, all of which shall have the force and effect of law. The secretary may institute an action at law or in equity and may establish penalties as may appear necessary to enforce compliance with this chapter or any rule or regulation or marketing program committed to the secretary's administration in addition to any other remedy under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 45 - Agricultural Commodities Marketing › Section 4512 - Advance deposits

§ 4512. Advance deposits.
Prior to the issuance of any marketing program, the secretary may require the applicant therefor to deposit an amount as the secretary may deem necessary to defray the expense of preparing and making the marketing program effective. Funds shall be received, deposited and disbursed by the secretary in accordance with the provisions of handling funds in this chapter. The secretary may reimburse the applicant in the amount of the deposit from any funds received through the adopting of a marketing program pursuant to this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 45 - Agricultural Commodities Marketing › Section 4513 - Severability

§ 4513. Severability.
The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Extra - Chapter Notes

Enactment.
Chapter 46 was added October 5, 2011, P.L.313, No.78, effective in 60 days.
Cross References.
Subchapter B is referred to in section 4631 of this title.
Enactment.
Subchapter C (Reserved) was added July 1, 2019, P.L.255, No.36, effective in 60 days.
Enactment.
Subchapter D was added July 1, 2019, P.L.255, No.36, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4611 - Pennsylvania Preferred® trademark and Pennsylvania Preferred Organic® trademark

§ 4611. Pennsylvania Preferred® trademark and Pennsylvania Preferred Organic® trademark.
The department may take all actions necessary and appropriate to acquire, create, establish, register, maintain, license, promote and protect a Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark for use on or in connection with the sale, marketing or promotion of a Pennsylvania-produced agricultural commodity or a Pennsylvania-produced organic agricultural commodity.
(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2019 Amendment. Act 36 renumbered former section 4603 to present section 4611.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4612 - Licensee qualification

§ 4612. Licensee qualification.
A qualified entity shall meet at least one of the following requirements to become a licensee:
(1) Be a person that produces an agricultural commodity or an organic agricultural commodity:
(i) that is entirely harvested from a Pennsylvania location or is grown at a Pennsylvania location for at least 75% of the commodity's production cycle; and
(ii) that, if inspected by the department, the USDA, the FDA or an independent certifying agency approved by the department, is approved by the inspecting authority as meeting all applicable quality, sanitation, safety and labeling standards of that inspecting authority.
(2) Be a person that processes an agricultural commodity or an organic agricultural commodity:
(i) in whole or in part at a facility which is located within this Commonwealth; and
(ii) in whole or in part at a facility, which, if the agricultural commodity or organic agricultural commodity is intended for human consumption, is in compliance with Subchapter B of Chapter 57 (relating to food safety) and all applicable Federal and State food quality, sanitation, safety and labeling standards regulations; and
(iii) which is comprised of at least 75% of a Pennsylvania-produced agricultural commodity or a Pennsylvania-produced organic agricultural commodity.
(3) Be a person that promotes or markets an agricultural commodity or an organic agricultural commodity from a person that meets the provisions of paragraph (1) or (2).
(4) Be a public eating and drinking place licensed under and in compliance with Subchapter A of Chapter 57 (relating to retail food facility safety) or under the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law, which offers a menu item that includes an agricultural commodity or an organic agricultural commodity from a person that meets the provisions of paragraph (1) or (2).
(5) Be a person approved by the department to use and promote the use of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark to constituencies in furthering the purposes of this chapter.
(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2019 Amendment. Act 36 renumbered former section 4604 to present section 4612.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4613 - Duties and authority of department

§ 4613. Duties and authority of department.
(a) Department authority to enter into trademark license agreements.--
(1) The department may enter into a trademark license agreement with a qualified entity.
(2) The department shall establish the terms and conditions under which a person may be licensed to use the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark. Terms and conditions shall require a licensee to produce, process, promote or market an agricultural commodity or an organic agricultural commodity in a manner acceptable to the department which protects the reputation of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark.
(3) The department may periodically review a licensing agreement to determine if the terms are being met.
(b) Cooperative activities.--
The department may engage in cooperative activities to implement and advance the purposes of this chapter.
(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2023 Amendment. Act 21 amended subsec. (a)(2).
2019 Amendment. Act 36 renumbered former section 4605 to present section 4613.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4614 - Trademark license agreement, application and licensure process

§ 4614. Trademark license agreement, application and licensure process.
(a) General rule.--
(1) A qualified entity may apply to be licensed to use the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark.
(2) An application shall be on a form prepared by the department and shall require identification information and other information the department deems necessary to determine if an applicant is a qualified entity.
(3) The application form shall be provided by the department upon request.
(4) The department shall have the discretion to determine whether a person is a qualified entity for purposes of this chapter.
(5) If the department determines that an applicant is a qualified entity, it shall offer that qualified entity a trademark license agreement.
(6) A trademark license agreement under this chapter shall be effective for one year from the date upon which an agreement is executed and may be renewed. An agreement shall contain provisions allowing for the termination of the license agreement by the department or a licensee upon 60 days' advance written notice to the other party.
(b) Preexisting trademark license agreements.--
A trademark license agreement that is in effect prior to the effective date of this section and that authorizes the use of a Pennsylvania Preferred® trademark shall remain in effect until it is terminated or until the end of the current contract year, whichever occurs first.
(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2023 Amendment. Act 21 amended subsec. (a)(1).
2019 Amendment. Act 36 renumbered former section 4606 to present section 4614.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4615 - Costs

§ 4615. Costs.
Reimbursement of costs are as follows:
(1) The department may charge a licensee for costs incurred by the department in connection with that licensee's participation in any activity, trade show, exhibition or other promotional event conducted or facilitated by the department. A charge shall reasonably reflect the costs incurred by the department in facilitating the licensee's participation and may include such costs as proportional shares of event registration fees, equipment rental fees, display area rental fees and related costs.
(2) The department may charge a licensee for costs of Pennsylvania Preferred® or Pennsylvania Preferred Organic® promotional materials provided by the department at the request of the licensee.
(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2023 Amendment. Act 21 amended par. (2).
2019 Amendment. Act 36 renumbered former section 4607 to present section 4615.
Cross References.
Section 4615 is referred to in section 4616 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4617 - Civil penalties

§ 4617. Civil penalties.
In addition to any other remedy available at law or in equity for a violation of a provision of this chapter or a trademark license agreement established under this chapter, the department may assess a civil penalty upon the person responsible for the violation. The civil penalty assessed shall not exceed $10,000 and shall be payable to the Commonwealth and collectible in any manner provided under law for the collection of debt.
(July 1, 2019, P.L.255, No.36, eff. 60 days)
2019 Amendment.
Act 36 renumbered former section 4609 to present section 4617.
Cross References.
Section 4617 is referred to in sections 4616, 4618 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4618 - Injunctive relief

§ 4618. Injunctive relief.
In addition to any other remedies provided for under this chapter, the department or the Attorney General, at the request of the department, may initiate, in the court of common pleas in Dauphin County, an action in equity for an injunction to restrain violations of this chapter or a trademark license agreement. In the proceeding, the court shall, upon motion of the Commonwealth, issue a preliminary injunction if it finds that the defendant is engaging in unlawful conduct under this chapter or is engaging in conduct which is causing immediate or irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with the proceedings. In addition to an injunction, the court, in equity proceedings, may levy civil penalties as provided under section 4617 (relating to civil penalties).
(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2019 Amendment.
Act 36 amended and renumbered former section 4610 to present section 4618.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4619 - Rules and regulations

§ 4619. Rules and regulations.
The department shall promulgate rules and regulations necessary to promote the efficient, uniform and Statewide administration of this chapter. For two years from the effective date of this section, the department shall have the power and authority to promulgate, adopt and use guidelines to implement the provisions of this chapter. The guidelines shall be published in the Pennsylvania Bulletin but shall not be subject to review under section 205 of the act of July 31, 1968c (P.L.769, No.240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. All guidelines shall expire no later than December 31, 2025, and shall be replaced by regulations which shall have been promulgated, adopted and published as provided under law.
(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2019 Amendment.
Act 36 renumbered former section 4611 to present section 4619.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4631 - Purpose

§ 4631. Purpose.
The purpose of this subchapter is to:
(1) Benefit qualified veterans and qualified veteran business entities that are licensed by the department under Subchapter B (relating to Pennsylvania Preferred® Program) by allowing and encouraging the use of other trademarks or descriptive labels, packaging or advertisement information to inform consumers that agricultural commodities or organic agricultural commodities were produced by veterans of the armed forces of the United States.
(2) Encourage qualified veterans and qualified veteran business entities to avail themselves of marketing opportunities for Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities through licensure under Subchapter B and partnership with organizations such as the Farmer Veteran Coalition Homegrown By Heroes program and similar programs intended to encourage veterans to farm or to otherwise benefit farmers who are veterans.
(Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4632 - Definitions (Repealed)

§ 4632. Definitions (Repealed).
2023 Repeal.
Section 4632 was repealed November 1, 2023, P.L.148, No.21, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 46 - Pennsylvania Preferred® Trademark › Section 4633 - Qualified veterans and qualified veteran business entities

§ 4633. Qualified veterans and qualified veteran business entities.
(a) Encouragement of participation.--
The department shall promote participation under this subchapter by qualified veterans and qualified veteran business entities and shall conduct outreach and education efforts to encourage and facilitate veteran participation.
(b) Coordination of effort.--
The department shall cooperate with military, government or private sector marketing efforts that identify, emphasize and encourage the production and marketing of Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities by qualified veterans and qualified veteran business entities and may allow the use of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark in a cooperative effort.
(Nov. 1, 2023, P.L.148, No.21, eff. 60 days)
2023 Amendment.
Act 21 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 47 - Crop Insurance › Section 4702 - Purpose of chapter

§ 4702. Purpose of chapter.
The purpose of this chapter is to establish a program within the department to encourage producers of agricultural commodities to purchase Federal crop insurance and adopt risk management practices and to provide crop insurance financial assistance, subject to the availability of funding, to eligible producers for crop insurance premium costs.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 47 - Crop Insurance › Section 4703 - Definitions

§ 4703. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agricultural commodity."
Any of the following, transported or intended to be transported in commerce:
(1) Agricultural, aquacultural, horticultural, floricultural, viticultural or dairy products.
(2) Agricultural crops.
(3) Livestock and products of livestock.
(4) Poultry and products of poultry.
(5) Ranch-raised furbearing animals and the products of ranch-raised furbearing animals.
(6) The products of bee raising.
(7) Forestry and forestry products.
(8) Any products raised or produced on farms intended for on farm or human consumption and the processed or manufactured products of such products intended for human consumption.
"Eligible producer."
A producer who has applied for and has received Federal crop insurance for the crop year for which crop insurance financial assistance is sought.
"Producer."
Any person engaged within this Commonwealth in the business of producing an agricultural commodity or causing agricultural commodities to be produced.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 47 - Crop Insurance › Section 4704 - Establishment of program

§ 4704. Establishment of program.
The department shall establish a program to educate producers on the benefits of Federal crop insurance and risk management practices. The program shall promote the purchase of Federal crop insurance and may provide financial assistance to eligible producers to partially offset Federal crop insurance premiums. The provision of financial assistance shall be subject to the availability of funding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 47 - Crop Insurance › Section 4705 - Powers and duties of department

§ 4705. Powers and duties of department.
(a) Administration of chapter.--
Subject to the conditions contained in this chapter, the department shall administer this chapter and shall exercise all administrative powers necessary to effectuate the purposes of this chapter, including, but not limited to, drafting and entering into agreements necessary to implement this chapter, establishing eligibility criteria for crop insurance financial assistance and developing an application and application procedure for crop insurance financial assistance, including time frames for the submission, review and approval of applications.
(b) Drafting and entering agreements.--
The department is authorized to draft and enter into agreements with Federal agencies, other Commonwealth agencies and private entities as necessary to implement this chapter.
(c) Regulations.--
The department is authorized to promulgate any regulations that may be necessary to implement this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 47 - Crop Insurance › Section 4706 - Crop insurance financial assistance

§ 4706. Crop insurance financial assistance.
The department may provide crop insurance financial assistance to eligible producers for Federal crop insurance in an amount up to 10% of the cost of the insurance premiums in years in which funds are appropriated or made available to the department. If sufficient funds are not available to provide for up to 10% of the cost of the insurance premiums, the department shall prorate the available funds among all the producers of agricultural commodities who applied for and received Federal crop insurance for that crop year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 47 - Crop Insurance › Section 4707 - Funding

§ 4707. Funding.
The department is authorized to use funds specifically appropriated by the General Assembly for the purposes of this chapter and any funds, contributions or payments which may be made available to the department by another State agency, the Federal Government or any public or private source for the purpose of implementing this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 47 - Crop Insurance › Section 4708 - Report

§ 4708. Report.
The department shall submit annually to the chairman and minority chairman of the Agriculture and Rural Affairs Committee of the Senate and the chairman and minority chairman of the Agriculture and Rural Affairs Committee of the House of Representatives a report that provides details of the department's expenditures, including administrative expenditures, under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 48 - Agricultural Business Development Center › Section 4802 - Definitions

§ 4802. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Advisory committee."
The Agricultural Business Development Center Advisory Committee established under section 4805 (relating to Agricultural Business Development Center Advisory Committee).
"Center."
The Agricultural Business Development Center established under section 4803 (relating to establishment).
"Fund."
The Agricultural Business Development Center Fund established under section 4810 (relating to Agricultural Business Development Center Fund).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 48 - Agricultural Business Development Center › Section 4804 - Purpose

§ 4804. Purpose.
The department shall operate the center for the following purposes:
(1) To provide farmers and prospective farmers a resource and reference center for creating business plans and management strategies to enhance the long-term economic viability of a farm.
(2) To provide farmers a resource and reference center for creating plans for the transition of ownership and operation of a farm to new owners and operators.
(3) To provide farmers a resource and reference center for creating plans for transfer of ownership and operation of a farm within the farmer's family.
(4) To provide a resource and reference center for helping a farmer diversify an existing agricultural operation to new or different forms of agricultural production, including on-farm value-added processing and agritourism.
(5) To provide persons who own or operate farms that are subject to perpetual agricultural conservation easements acquired under the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law, resources to help maintain the long-term economic viability of the farms and protect the investment of public funds in preserving the farms for agricultural production.
(6) To provide a resource and reference center for persons planning a farm expansion or seeking financing for farm growth.
(7) To help identify and build teams of planning facilitators, accountants, financial planners, lenders, marketers, conservation and nutrient management planners and veterinarians who can provide expertise.
(8) To devise, award and administer grants to farmers, prospective farmers and others.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 48 - Agricultural Business Development Center › Section 4805 - Agricultural Business Development Center Advisory Committee

§ 4805. Agricultural Business Development Center Advisory Committee.
(a) Establishment.--
There is established the Agricultural Business Development Center Advisory Committee to advise the secretary with respect to the secretary's responsibilities under this chapter.
(b) Membership.--
The advisory committee shall consist of the following members:
(1) The secretary, who shall serve as chairperson.
(2) The secretary of the Department of Community and Economic Development or a designee.
(3) The dean of the College of Agricultural Sciences at The Pennsylvania State University or a designee.
(4) One representative selected annually from each of the following organizations:
(i) The Pennsylvania Bankers Association.
(ii) A farm credit association servicing clients in this Commonwealth.
(iii) The Pennsylvania Association of Conservation Districts.
(5) The following individuals appointed by the secretary:
(i) A licensed veterinarian whose practice includes food animals.
(ii) A person certified to create nutrient management plans.
(iii) A certified public accountant.
(iv) A financial planner.
(v) An attorney.
(vi) A farmer who has experience with a farm transition or diversification of the agricultural production of a farm.
(c) Terms.--
(1) The term of office for each advisory committee member under subsection (b)(5) shall be three years, except that the initial terms shall be staggered as follows:
(i) Two members shall each serve a term of one year.
(ii) Two members shall each serve a term of two years.
(iii) Two members shall each serve a term of three years.
(2) Advisory committee members may be appointed to successive terms at the discretion of the secretary, except that no member may serve more than two three-year terms. Vacancies shall be filled in the same manner as the original appointments.
(d) Duties.--
The advisory committee shall meet as often as necessary to advise the secretary on satisfying the purpose of this chapter and establishing and awarding grants under this chapter.
(e) Expenses.--
Advisory committee members shall serve without compensation but shall be entitled to expenses which are reasonable and necessary in the performance of their duties.
Cross References.
Section 4805 is referred to in section 4802 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 48 - Agricultural Business Development Center › Section 4806 - Grant programs

§ 4806. Grant programs.
(a) Authorization.--
The department may establish programs to award grants for the purposes described in this chapter.
(b) Grant program standards and requirements.--
The following shall apply:
(1) The department shall establish grant program standards and requirements for a grant program under this chapter and shall transmit notice of the grant program standards and requirements to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(2) Grant program standards and requirements shall do the following:
(i) Establish eligibility standards for applicants.
(ii) Describe the objectives of the grant program, which objectives shall be consistent with this chapter.
(iii) Establish caps, limits and restrictions with respect to grant amounts.
(iv) Establish an application process and timetable.
(v) Present the criteria under which grant applications shall be evaluated by the department.
(vi) Establish a timetable within which the department shall award or disapprove a complete grant application.
(vii) Establish procedures by which the department shall verify expenditures of grant money by a grant recipient.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 48 - Agricultural Business Development Center › Section 4807 - Limitation on grants

§ 4807. Limitation on grants.
(a) Available funding.--
Grants shall be awarded to the extent money is made available by the General Assembly.
(b) Matching.--
Grant amounts shall be limited to 75% of project costs. In-kind support shall not be counted toward an applicant's matching contribution.
(c) Conditions.--
The secretary may approve a grant in less than the requested amount. The secretary may also impose restrictions or special conditions upon the issuance of the grant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 48 - Agricultural Business Development Center › Section 4808 - Disposition of grants

§ 4808. Disposition of grants.
(a) Written agreement.--
The department may require a written agreement describing the terms and conditions of the grant.
(b) Return of grant money.--
The department may establish criteria under which the secretary may demand the return of all or a portion of the grant money.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 48 - Agricultural Business Development Center › Section 4810 - Agricultural Business Development Center Fund

§ 4810. Agricultural Business Development Center Fund.
(a) Establishment.--
The Agricultural Business Development Center Fund is established in the State Treasury as a special fund which shall be an interest-bearing restricted revenue account. Money collected by the department under this chapter or appropriated, given, granted or donated for the purpose established under this chapter by the Commonwealth or any other government or private agency or person shall be deposited into the fund.
(b) Appropriation.--
Money in the fund is appropriated on a continuing basis to the department for the purpose of administering this chapter. All interest and earnings received from investments or deposits of the money in the fund shall be paid into the account for the purpose authorized by this section. Unexpended money and interest or earnings on the money in the fund may not be transferred or revert to the General Fund but shall remain in the account to be used by the department for the purpose specified under this section.
Cross References.
Section 4810 is referred to in section 4802 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5103 - Licensing

§ 5103. Licensing.
(a) General rule.--
Every person engaged in the manufacture of commercial feed or customer-formula feed to be distributed in this Commonwealth and each guarantor of the feed shall, on January 1 of each year or prior to manufacture or distribution of the feed, obtain a license for each manufacturing facility located in this Commonwealth and for each guarantor by completing a form furnished by the department and paying a $25 application fee. Upon approval by the department, a copy of the license shall be furnished to the applicant and, in the case of manufacturers, displayed in the facility. The department may require an applicant for a license or a current licensee to submit any labeling the applicant is using or intends to use for commercial feed.
(b) Denial of license.--
The department may refuse the license of any person not in compliance with the provisions of this chapter or cancel the license of any person found not in compliance with any provision of this chapter. A license may not be refused or canceled until the applicant or licensee has been given an opportunity to be heard before the department.
Cross References.
Section 5103 is referred to in section 4114 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5104 - Labeling

§ 5104. Labeling.
(a) Commercial feed labeling.--
Any commercial feed distributed in this Commonwealth shall be accompanied by a legible label bearing the following information:
(1) The net weight.
(2) The product name and brand name, if any, under which the commercial feed is distributed.
(3) The guaranteed analysis stated in such terms as the secretary by regulation determines is required to advise the user of the composition of the feed to support the claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists.
(4) The common or usual name of each ingredient used in the manufacture of the commercial feed. The department may by regulation permit the use of a collective term for a group of ingredients which perform a similar function or it may exempt such commercial feeds or any group thereof from this requirement of an ingredient statement if it finds that such statement is not required in the interest of consumers.
(5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the department may require by regulation as necessary for their safe and effective use.
(7) Such warning or caution statements as the department by regulation determines are necessary for the safe and effective use of the commercial feed.
(b) Customer-formula feed labeling.--
Customer-formula feed shall be accompanied by a label, invoice, delivery slip or other shipping document bearing the following information:
(1) The name and address of the manufacturer.
(2) The name and address of the purchaser.
(3) The date of delivery.
(4) The product name and brand name, if any, the net weight of each commercial feed used in the mixture and the net weight of each other ingredient used.
(5) Adequate directions for use of all customer-formula feeds containing drugs and for such other feeds as the department may require by regulation as necessary for their safe and effective use.
(6) Warning or caution statements as the department by regulation determines are necessary for the safe and effective use of the customer-formula feed.
Cross References.
Section 5104 is referred to in section 5107 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5105 - Inspection fees

§ 5105. Inspection fees.
(a) Imposition.--
There shall be paid to the department for all commercial feeds distributed in this Commonwealth an inspection fee at the rate of 10¢ per ton annually. Customer-formula feeds and contract feeds are exempted if the inspection fee is paid on the commercial feeds which are used as ingredients therein. Commercial feeds which are distributed to manufacturers and used as ingredients in the manufacture of commercial feeds other than customer-formula feeds and contract feeds are exempted from the inspection fee, but in no case shall the inspection fee paid annually amount to less than $25. The department, having determined after a public hearing following notice to the licensees that moneys derived from the license and inspection fees are either greater or less than that required to administer this chapter, may by regulation reduce or increase the inspection fee so as to maintain revenues sufficient to administer this chapter, but the inspection fee shall not be changed by more than 2¢ in one year, and the inspection fee shall not exceed 20¢ per ton.
(b) Annual statement and records.--
Except as otherwise provided, every guarantor who distributes commercial feed in this Commonwealth shall:
(1) File not later than February 15 of each year an annual statement, under oath, setting forth the number of net tons of commercial feeds distributed in this Commonwealth during the preceding calendar year. Upon filing the statement, the guarantor shall pay the inspection fee at the rate stated in subsection (a) or at the rate established by the department by regulation promulgated under subsection (a). When more than one guarantor is involved in the distribution of commercial feed, the guarantor who distributed the feed last is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been made by a prior guarantor of the feed or feed ingredient. Inspection fees which are due and owing and have not been remitted to the Commonwealth by the due date shall have a penalty fee of 10% or a minimum of $25 added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the Commonwealth from taking other actions as provided in this chapter.
(2) Keep such records as may be necessary or required by the department to indicate accurately the tonnage of commercial feeds distributed in this Commonwealth. The department may examine these records to verify statements of tonnage.
(c) Cancellation of license.--
Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this section shall constitute sufficient cause for the cancellation of the license.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5107 - Misbranding

§ 5107. Misbranding.
No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed to be misbranded if it meets any of the following criteria:
(1) Its labeling is false or misleading in any particular.
(2) It is distributed under the name of another feed.
(3) It is not labeled as required in section 5104 (relating to labeling) and in regulations prescribed under this chapter.
(4) It purports to be or is represented as a feed ingredient or it purports to contain or is represented as containing a feed ingredient unless the feed ingredient conforms to the definition of identity, if any, prescribed by regulation of the department. In adopting such regulation, the department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials.
(5) Any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5108 - Inspection, sampling and analysis

§ 5108. Inspection, sampling and analysis.
(a) Inspection.--
For purposes of enforcement of this chapter, the department may inspect during business hours any facility, warehouse or establishment in which commercial feeds are manufactured, processed, packed or held for distribution. It may also enter and inspect any vehicle being used to transport or hold feeds. The inspector shall give written notice to the owner or person in charge of the facility, warehouse, establishment or vehicle prior to inspection. The inspection may include the verification of only those records and production and control procedures as may be necessary to determine compliance with this chapter. A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified. If the employee making the inspection of a factory, warehouse or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises the employee shall give to the owner, operators or agent in charge a receipt describing the samples obtained.
(b) Warrant.--
If the owner of any factory, warehouse or establishment described in subsection (a) or his agent refuses to permit the department to inspect in accordance with subsection (a), the department may obtain from any court of competent jurisdiction a warrant directing the owner or his agent to submit the premises described in the warrant to inspection.
(c) Samples and records.--
For the purpose of the enforcement of this chapter, the department may enter upon any public or private premises, including any vehicle of transport, during business hours to have access to and to obtain samples, including exempted materials and labeling for commercial feeds, and to examine and copy records relating to the manufacture and distribution of commercial feeds and exempted materials.
(d) Sampling and analysis methods.--
Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods.
(e) Disposition of official samples.--
In determining for administrative purposes whether a commercial feed is deficient in any component, the department shall be guided solely by the official sample obtained and analyzed as provided for in subsection (d). The result of analyses of official samples shall be forwarded by the department to the guarantor. Upon request, the department shall furnish to the guarantor a portion of the sample concerned. The request must be made within 30 days from the date of the official report.
Cross References.
Section 5108 is referred to in section 5102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5109 - Rules and regulations

§ 5109. Rules and regulations.
The department is charged with the enforcement of this chapter and after due publicity and due public hearing may promulgate and adopt such reasonable rules and regulations as may be necessary in order to secure the efficient administration of this chapter. Publicity concerning the public hearing shall be reasonably calculated to give interested parties adequate notice and adequate opportunity to be heard.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 51 - Commercial Feed › Section 5110 - Detained commercial feeds

§ 5110. Detained commercial feeds.
(a) "Withdrawal from distribution" orders.--
When the department has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, it may issue and enforce a written or printed "withdrawal from distribution" order warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department or a court of competent jurisdiction. The department shall release the lot of commercial feed so withdrawn when the provisions and regulations have been complied with. If compliance is not obtained within 30 days, the department may begin or upon request of the distributor shall begin proceedings for condemnation.
(b) Condemnation and confiscation.--
Any lot of commercial feed not in compliance with the provisions and regulations shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of this Commonwealth. In no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.