reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.5 - Notice with respect to claims against the Milk Producers' Security Fund

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will
				give written notice by first class mail to producers believed to be affected
				within 5 days after discovery that a licensed milk dealer has defaulted in
				making payment for milk received from producers in accordance with §
									143.12 (relating to terms of
				payment).
(b) A producer affected
				by the default shall file verified claims within 30 days of the date of the
				notice from the Board. A claim postmarked later than 30 days after notice from
				the Board will not be considered.
(c) The claim period as specified in section
				8(b) of the Milk Producers' and Cooperative Security Funds Act (31 P. S. §
										625.8) (Repealed) may not exceed 58
				days.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.6 - Valuation of United States government obligations as collateral

Current through Register Vol. 54, No. 28, July 13, 2024
United States government interest-bearing obligations and
				  negotiable bonds for the United States deposited with the Board as collateral
				  for a surety bond of a milk dealer or as alternate security under sections 9(b)
				  and 10(2) of the Milk Producers' and Cooperative Security Funds Act
				  (31
				  P. S. §
										§
										625.9(b)
				  and 625.10(2)) (Repealed) shall
				  have their value determined in the following manner:
(1) The valuation shall be determined by the
				market quotation listed in the
Wall Street Journal
on the
				first day of each calendar quarter.
(2) Valuation of the security shall be
				reviewed quarterly and adjusted in accordance with the latest quotation. When
				the valuation indicates that the collateral posted with the bond is worth less
				than the amount of the bond, the Board may require that additional collateral
				be posted within 15 days. When the valuation indicates that the collateral
				posted with the bond is worth more than the amount of the bond, the Board upon
				request will return the portion of the collateral as will not reduce the
				collateral held by the Board below the amount of the bond.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.7 - Withdrawals from Cooperative Security Fund

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A cooperative participating in the
				Cooperative Security Fund shall submit to the Board on or before the first day
				of participation in the Cooperative Security Fund a complete list of members
				and nonmember patrons belonging to the cooperative, together with the complete
				mailing address for each member or nonmember patron. Each participating
				cooperative shall provide the Board by the 25th day of each calendar month
				subsequent to the first month of participation in the Cooperative Security Fund
				with appropriate additions and deletions to the member and nonmember patron
				list.
(b) The Board will give
				notice by first class mail to listed members and nonmember patrons of the
				opportunity to file claims for withdrawal from the Cooperative Security Fund
				within 5 days of discovery of an adjudication of bankruptcy of a participating
				cooperative.
(c) Members and
				nonmember patrons of the bankrupt cooperative who desire to participate in the
				withdrawal from the Cooperative Security Fund shall file verified claims with
				the Board within 30 days of the date of notice from the Board. A claim
				postmarked later than 30 days after the date of notice from the Board will not
				be considered.
(d) The Board will
				examine the claims filed by members or nonmember patrons of the bankrupt
				cooperative and will determine after hearing upon at least 5 days notice to the
				claimants and to the bankrupt cooperative the amount due each claimant. A
				certification of the amount determined to be due each claimant will be filed
				with the fiscal agent, each claimant and the bankrupt cooperative within 60
				days after the claimants have filed verified claims.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.8 - Adjustments for Federal support program

Current through Register Vol. 54, No. 28, July 13, 2024
At the end of each calendar quarter beginning with
				  October-December 1980, a milk dealer who has participated in the Milk
				  Producers' Security Fund or a cooperative who has participated in the
				  Cooperative Security Fund, may apply to the Board for a rebate of net monthly
				  payments made to the appropriate fund during the quarter, adjusted for a cash
				  credit it has received from the appropriate fund during the same period, with
				  respect to the milk equivalent value of butter, cheese or nonfat dry milk
				  manufactured by the dealer or on its account and sold to the Commodity Credit
				  Corporation of the United States during the calendar year under the Price
				  Support Program (Section 201(c) of the Agricultural Act of 1949, as amended).
				  The milk equivalent value of butter, cheese or nonfat dry milk for which
				  application is made by a milk dealer for a rebate from the Milk Producers'
				  Security Fund shall be calculated based upon yield factors used for such
				  products under the Price Support Program. A rebate made from the appropriate
				  fund under this section shall be at the rate of $.01 per hundredweight of the
				  milk equivalent value of the product sold to the Commodity Credit Corporation.
				  An application by a milk dealer or participating cooperative for a rebate under
				  this section shall be accompanied by a purchase receipt or other supporting
				  records issued by the Commodity Credit Corporation documenting purchase of a
				  product from the dealer during the calendar year. An application shall be filed
				  with the Board on or before the 30th day after the close of the calendar
				  quarter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.9 - Calculation of bonding obligation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purpose of sections 7(c) and 8 of
				the Milk Producers' Security Act (act) (31 P. S. §
										§
										626.7(c) and
				626.8), the Board will use
				the following method to ascertain the highest aggregate amount owed by the
				dealer to producers for a 40-day period during the preceding 12 months:
(1) Review the amount owed by the milk dealer
				to all its producers for each month in the preceding calendar year.
(2) Identify the 2 consecutive months in
				which the sum of the amounts owed was the highest.
(3) Divide the sum of the amounts owed from
				paragraph (2) by the total number of days in the 2 consecutive
				months.
(4) Multiply the quotient
				from paragraph (3) by 40.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.10 - Election to substitute bond or alternative security for Security Fund payments

Current through Register Vol. 54, No. 28, July 13, 2024
Dealers making payments into the Milk Producers' Security
				  Fund, may elect to withdraw from the fund and provide a bond or alternative
				  security in lieu of payments into the fund only on the date for filing of the
				  milk dealer's license renewal application for the next succeeding licensing
				  year. Notice of the election shall accompany the license renewal application.
				  The election shall be effective at the beginning of the succeeding licensing
				  year. A dealer making the election may not be entitled to repayment of funds
				  previously paid into the Producers' Security Fund.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.11 - Election to change from bond or alternative security to Security Fund

Current through Register Vol. 54, No. 28, July 13, 2024
A dealer who initially submits a surety bond or alternative
				  security, and subsequently elects to participate in the Milk Producers'
				  Security Fund may make the election effective at the beginning of any licensing
				  year. A dealer who makes the election shall notify the Board of the election on
				  or before June 15th of the preceding licensing year. A dealer making the
				  election shall submit an advance payment of $.01 per hundredweight on purchases
				  made during the months of March, April and May of the licensing year preceding
				  the licensing year in which the election becomes effective. The advance payment
				  shall be made by the dealer so as to be received in the office of the Board on
				  or before June 15th of the licensing year immediately preceding the licensing
				  year for which the election is effective.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.12 - Payment into the Producer Security Fund for farm separated cream

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of computing payment into the Producers'
				  Security Fund on purchases of farm separated cream, payment shall be based upon
				  the whole milk equivalent of the cream at 3.5% butterfat.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VI - Milk Marketing Board › Chapter 151 - SECURITY FUNDS, BONDING AND ALTERNATIVE SECURITY › Section 151.13 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
In good standing
-For the purposes of section
				  2(b) of the Milk Producers' and Cooperative Security Funds Act (31 P. S. §
										625.2(b)) (Repealed), a milk
				  dealer or handler shall be considered to be in good standing so long as a
				  payment due for milk purchased is received in the office of the Milk Marketing
				  Board by the 25th day of the month succeeding the month in which the milk
				  covered by the payment is purchased.
Trust company
-For the purposes of the Milk
				  Producers and Cooperative Security Funds Act, a bank and trust company as
				  defined in section 102(g) of the Banking Code of 1965 (7 P. S. §
										102(g)) or a national bank
				  which has been granted trust or fiduciary powers and authority under
				  12 U.S.C. §
										§
										21 -
				  221.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.1 - Authority and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is established by the Department under the act.
				  The Program provides grant funds to county governments, regional food banks or
				  emergency food providers for the purchase, transportation, storage and
				  distribution of food to needy individuals who qualify as Program participants.
				  The funds may also be used to repackage or process food for distribution to
				  Program participants. This Program is intended to supplement the efforts of
				  food pantries, soup kitchens, regional food banks, feeding programs, shelters
				  for the homeless and similar organizations to reduce hunger.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.3 - Grant agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirement
. Grant funds will not be committed or
				expended by the Department, a county government, a lead agency or an emergency
				food provider administering the Program within a particular county in the
				absence of a grant agreement authorizing the commitment or
				expenditure.
(b)
Lead
				agency
. With the approval of the Department, a county government may
				subcontract with an emergency food provider to be a lead agency and administer
				the Program within that county.
(c)
Nonparticipating county government
. The Department will
				attempt to contract with county governments, or their designated lead agencies,
				for operation of the Program. If a county government chooses not to administer
				the Program and does not designate an emergency food provider to be its lead
				agency by the 90th day of the fiscal year (September 28), the Department will
				immediately attempt to enter into a grant agreement with an emergency food
				provider to administer the Program within that county.
(d)
Provisions
. The grant
				agreement shall contain provisions and address subjects reasonably necessary
				for the efficient administration of the Program in accordance with the act and
				this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.4 - Permitted uses of grant funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Grant funds may be used for food purchase costs or
				administrative and incidental costs.
(b)
Administrative and incidental
				costs.
The Department will establish a maximum percentage of grant
				funds that a county government, lead agency or emergency food provider
				administering the Program within a particular county may apply toward
				administrative and incidental costs. This maximum percentage will be set forth
				in the grant agreement and will be the same for all grant agreements in effect
				during a particular fiscal year. The Department will seek the advice and
				counsel of the Advisory Committee in establishing this maximum
				percentage.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.5 - Eligibility of persons to participate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Primary determinant.
If
				the county government, lead agency or emergency food provider administering the
				Program within a particular county has established procedures and guidelines
				for determining whether persons are eligible to participate in the Program,
				these procedures and guidelines shall be the sole determinant of
				eligibility.
(b)
Department
				guidelines.
In counties where the county government, lead agency or
				emergency food provider administering the Program does not have procedures and
				guidelines for determining the eligibility of persons to be Program
				participants, persons shall be eligible to be Program participants if their
				incomes do not exceed 185% of the poverty levels established by the
				USDA.
The provisions of this §
											160.5 amended under sections 3(a)
					 and 9 of the State Food Purchase Program Act (62 P.S. §
												§
												4043(a) and
					 4049).
This section cited in 7 Pa. Code §
											160.2 (relating to
					 definitions).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.6 - Charges or contributions for food

Current through Register Vol. 54, No. 28, July 13, 2024
A county government, lead agency, emergency food provider or
				  other entity may not charge a Program participant for food obtained under the
				  act or this chapter, or encourage a Program participant to contribute money in
				  order to receive the food.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.7 - For-profit activity prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
Officials and employes of county governments, lead agencies
				  and emergency food providers may not profit from contracting with the
				  Department to administer the Program, or from providing services which these
				  entities or persons are obligated to provide under a grant agreement with the
				  Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.8 - Food purchases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Portions
. Food purchased with grant funds shall be procured in
				household or soup kitchen proportions, depending upon the intended
				usage.
(b)
Price
.
				Food purchased with grant funds shall be purchased at wholesale, competitive
				bid prices, or better.
(c)
Redundancy
. Food purchased with grant funds may not duplicate
				food items available to the county government, lead agency or emergency food
				provider under USDA commodity programs or through private donations unless the
				quantities available through these sources are insufficient to meet the needs
				of the county government, lead agency or emergency food provider for a
				particular food product.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.9 - Wholesomeness of food

Current through Register Vol. 54, No. 28, July 13, 2024
County governments, lead agencies and emergency food
				  providers administering the Program shall combine food purchased with grant
				  funds with food available from other sources as necessary to compose a
				  wholesome food package or meal for the Program participants. The USDA
				  publications relating to the "Food Guide Pyramid" and "Dietary Guidelines For
				  Americans" are recommended as a basis upon which county governments, lead
				  agencies and emergency food providers can determine the wholesomeness of food
				  packages or meals. The Department will provide grant recipients with copies of
				  these guidelines.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.10 - Information and assistance

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will provide technical assistance and
				  information to the entities with which it contracts to administer the Program.
				  This assistance will include nutrition information, information relating to the
				  establishment and operation of an emergency food provider and information
				  regarding other Federal or State nutrition programs.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.11 - Obtaining a grant agreement

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will prepare a grant agreement and mail it to
				  each county government in this Commonwealth at least 3 months prior to the
				  start of the fiscal year or other period during which the grant agreement would
				  be effective. If a county government chooses not to administer the Program and
				  does not designate an emergency food provider to be its lead agency, the
				  Department will prepare grant agreements and distribute them to emergency food
				  providers as necessary to ensure the administration of the Program in that
				  particular county and to ensure compliance with the act and this
				  chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.12 - Plan of operation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Plan of operation required.
The county government, lead agency
				or emergency food provider entering into a grant agreement with the Department
				shall prepare and submit to the Department a plan of operation for
				administering the Program.
(b)
Contents.
The plan of operation shall set forth the following:
(1) The designation of the county government,
				lead agency or emergency food provider which shall administer the Program under
				the terms of the grant agreement.
(2) The names, addresses and positions of
				those legally responsible under the grant agreement, if other than the county
				government.
(3) A description of
				the food distribution system that shall be used to allocate food to emergency
				food providers and Program participants.
(4) A description of the system that shall be
				used to allocate grant funds to emergency food providers, if
				applicable.
(5) The procedures or
				guidelines which shall be used for determining the eligibility of persons to be
				Program participants.
(6) A
				description of the procedures that shall be utilized to collect and assemble
				the data required in the annual report described in section 7(b) of the act
				(62
				P. S. §
											4047(b)).
(7) A statement that grant funds may not be
				used with respect to "Foods of Minimal Nutritional Value," as those foods have
				been most recently defined by the USDA at 7 CFR Part 210 , Appendix B (relating
				to categories of foods of minimal nutritional value), and a description of the
				measures which shall be taken to enforce this prohibition.
(8) The procedures or guidelines which shall
				be used to prevent the expenditure of grant funds to duplicate food items that
				are otherwise available to the county government, lead agency or emergency food
				provider under USDA commodity programs or through private donations of food to
				the emergency food providers-such as regional food banks and similar
				entities-unless the expenditures are permitted under section 3(b)(3) of the act
				(62
				P. S. §
											4043(b)(3)).
(9) Other information as the Department may
				require in furtherance of the provisions of the act or this
				chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.13 - Filing the grant agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Place and time.
The grant agreement shall be completed by the
				county government, the lead agency or the appropriate emergency food provider
				and returned to the Department of Agriculture, Bureau of Food Assistance, 2301
				North Cameron Street, Room 401, Harrisburg, PA 17110-9408 by June 1 immediately
				preceding the start of the fiscal year, or 30 days prior to the commencement of
				the grant agreement if the grant agreement is to commence on a date other than
				the start of the fiscal year.
(b)
Incomplete or inaccurate material.
The Department will review
				each grant agreement and plan of operation for completeness and accuracy within
				20 days of receipt. If a grant agreement or plan of operation is found to be
				incomplete or inaccurate, the Department will issue notice to the appropriate
				county government, lead agency or emergency food provider within that 20-day
				period, may request additional documentation and may discontinue further
				processing until the required information is received.
The provisions of this §
											160.13 amended under sections 3(a)
					 and 9 of the State Food Purchase Program Act (62 P.S. §
												§
												4043(a) and
					 4049).
This section cited in 7 Pa. Code §
											160.12 (relating to plan of
					 operation).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.14 - Commencement and termination of grant agreement

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may terminate a grant agreement if funds are
				  not available for the subject grant. A grant agreement will not commence until
				  funds are available for the subject grant. The Department may immediately
				  terminate a grant agreement, by written notice, if any of the terms of the
				  grant agreement, the act or this chapter are violated by a party to the grant
				  agreement. If the termination is not related to a violation of the terms of the
				  grant agreement, the act or this chapter by a party to the grant agreement, the
				  Department will give at least 30 days advance written notice of the termination
				  date of a grant agreement. A written notice of grant agreement termination will
				  set forth the reason for termination.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.15 - Allocation of grant funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Formula.
The Department will, in consultation with the
				Advisory Committee, determine the formula which will be used in a particular
				fiscal year in allocating grant funds among the entities administering the
				Program in each county. In determining this formula, the Department will
				consider county unemployment statistics, provided annually by the Department of
				Labor and Industry, county food stamp and Medical Assistance statistics,
				provided annually by the Department of Public Welfare, Federal income poverty
				guidelines, provided annually by the USDA, and other relevant
				information.
(b)
Disbursement.
The Department will not disburse grant funds
				with respect to the Program in a particular county before a grant agreement is
				in effect. Thereafter, grant funds for a particular fiscal year will be
				disbursed in equal, or nearly equal, quarterly installments. If the term of a
				grant agreement is less than 1 fiscal year, the grant agreement may prescribe a
				different schedule of disbursement.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.16 - Deadline for expenditures

Current through Register Vol. 54, No. 28, July 13, 2024
Grant funds may not be committed or expended in a fiscal year
				  other than the particular fiscal year specified in the grant agreement. Grant
				  funds which remain uncommitted or unexpended at the conclusion of the
				  particular fiscal year specified in the grant agreement shall be immediately
				  returned to the Department, unless otherwise agreed to, in writing, by the
				  Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.17 - Advisory Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The Advisory Committee shall offer advice and
				recommendations to the Department on the administration of the
				Program.
(b)
Composition.
The Advisory Committee will be appointed by the
				Secretary and consist of between 10 and 15 members, no more than 3 of whom are
				employes of the Commonwealth. The membership of the Advisory Committee will be
				as follows:
(1) The Secretary, or a
				designee.
(2) The Program
				Administrator.
(3) A representative
				of the Governor's Office.
(4) Two
				regional food bank representatives.
(5) At least two but no more than five county
				government/emergency food provider representatives.
(6) At least two but no more than four food
				and nutrition advocate representatives.
(7) One dietician, nutritionist or other
				person trained in nutrition.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.18 - Annual report

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Program administrators.
The entity with whom the Department
				has contracted to administer the Program in a particular county shall submit an
				annual report to the Department no later than 90 days from the end of the
				fiscal year (September 28). This annual report shall account for or specify the
				expenditure of grant funds, the number of individuals served, the number of
				households served, the types of food purchased and the cost and weight of food
				purchased, in pounds and by type of food, and other information as the
				Department may reasonably require.
(b)
Department.
The
				Department will submit an annual Program report to the Secretary of the Senate
				and the Chief Clerk of the House of Representatives no later than 180 days from
				the end of the fiscal year (December 27). This annual Program report will
				address, but will not be limited to, a summary of the meetings and activities
				of the Advisory Committee, the allocation and expenditure of grant funds, the
				number of individuals served, the number of households served, the quantity of
				food distributed-by type of food-and the total and per-pound cost of the food
				purchased.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.19 - Audit

Current through Register Vol. 54, No. 28, July 13, 2024
Program activity shall be subject to review and audit at
				  reasonable times by the Department, the Auditor General of the Commonwealth,
				  and individuals authorized by the Department to determine compliance with
				  statutes, regulations and policies. Contractors, subcontractors or approved
				  agencies receiving funds or food under the Program shall be subject to review
				  and audit at reasonable times by the Department, the Auditor General of the
				  Commonwealth, and individuals authorized by the Department to determine proper
				  operation and compliance with statutes, regulations and
				  policies.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VII - Bureau of Government Donated Food › Chapter 160 - STATE FOOD PURCHASE PROGRAM › Section 160.20 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation will be limited to the
				  amount of the grant. The Department will not be responsible for funding a
				  deficit incurred by county government, lead agency or emergency food
				  provider.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 171 - PRELIMINARY PROVISIONS-TEMPORARY REGULATIONS › Section 171.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this part is to facilitate the
					 implementation of the Race Horse Industry Reform Act (act of October 28, 2016)
					 (P.L. 913, No. 114),
					 3
					 Pa.C.S. §
											§
											9301-9374 (relating to
					 race horse industry reform).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 171 - PRELIMINARY PROVISIONS-TEMPORARY REGULATIONS › Section 171.2 - Construction of the regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Commission's regulations shall be liberally construed to secure the just,
				  speedy and efficient determination of every action, proceeding or issue
				  presented to which it is applicable. The Commission or its presiding officer at
				  any stage of an action or proceeding may disregard an error or defect of
				  procedure which does not affect the substantive rights of a party.
(b) The Commission or its presiding officer
				  at any stage of an action or proceeding may waive or temporarily suspend a
				  requirement of this part when necessary or appropriate, if the waiver or
				  temporary suspension does not adversely affect a substantive right of a
				  party.
(c) These liberal
				  construction provisions apply with particularity in proceedings involving pro
				  se litigants.
(d) Section (a)
				  supersedes 1 Pa. Code §
										31.2 (relating to liberal
				  construction).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 171 - PRELIMINARY PROVISIONS-TEMPORARY REGULATIONS › Section 171.3 - Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The General
				  Assembly has declared that the Commission has exclusive jurisdiction and
				  regulatory authority over all racing related matters within the scope of its
				  powers under the Race Horse Industry Reform Act (act) (act of October 28, 2016)
				  (P.L. 913, No. 114),
				  3
				  Pa.C.S. §
											§
											9301-9374 (relating to
				  race horse industry reform).
(b)
				  The sport of horse racing, including pari-mutuel wagering and racing activities
				  is heavily regulated and nothing contained in this part shall be construed to
				  limit the powers, authority and duties of the Commission as provided in the
				  act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 171 - PRELIMINARY PROVISIONS-TEMPORARY REGULATIONS › Section 171.4 - General powers of the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under the Race Horse Industry Reform Act
				  (act) (act of October 28, 2016) (P.L. 913, No. 114),
				  3
				  Pa.C.S. §
											§
											9301-9374 (relating to
				  race horse industry reform), the Commission will have the power to supervise
				  all horse race meetings in this Commonwealth at which pari-mutuel wagering and
				  racing activities are conducted. The Commission shall have the power to enact
				  appropriate rules and regulations necessary to effectuate the purposes and
				  provisions of the act and to prevent circumvention or evasion
				  thereof.
(b) The rules of racing,
				  as set forth in this part apply to all persons, whether licensed or not, who
				  conduct horse race meetings, operate pari-mutuel wagering systems within this
				  Commonwealth, conduct business operations associated with horse racing and
				  breeding or who otherwise engage directly or indirectly in pari-mutuel wagering
				  and racing activities within this Commonwealth. All persons shall be charged
				  with knowledge of and be conclusively bound by the provisions hereof.
(c) The rules of racing shall also apply to
				  every participant in or patron of a licensed horse meeting and each shall be
				  charged with notice of and be conclusively bound by the provisions of these
				  regulations.
(d) Each license
				  issued by the Commission is specifically granted upon the condition that the
				  licensee shall accept, observe and obey the rules and regulations of the
				  Commission. All licensees are charged with the responsibility of reporting
				  apparent violations of these rules to the Commission and cooperating in an
				  investigation into the same.
(e)
				  The Commission or its designee may rescind or modify a penalty or decision
				  regarding an infraction of the rules imposed or issued by the Board of Judges
				  or the Board of Stewards and may institute investigative or adjudicative
				  proceedings on the Commission's own motion to properly exercise and discharge
				  its statutory responsibilities.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.1 - Establishment of the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Under section 9311 of the act (relating to State Horse Racing Commission), the
				  Commission is established as a Commission within the Department to
				  independently regulate the operations of horse racing, the conduct of
				  pari-mutuel wagering and the promotion and marketing of horse racing in this
				  Commonwealth. The Commission shall consist of nine Commissioners appointed
				  under in accordance with section 9311(b) of the act.
(b)
Term of office.
A
				  Commissioner's term of office shall be governed by the provisions of the
				  act.
(c)
Chairperson.
The Governor shall appoint the Chairperson of the
				  Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.2 - Meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Public
				  sessions.
The Commission's public meetings shall take place at a
				  location designated by the Chairperson and approved by the Commission and shall
				  be conducted in accordance with 65 Pa.C.S. Chapter 7 (relating to Sunshine
				  Act).
(b)
Regularly
				  scheduled meetings.
The Commission shall meet at least once a month
				  and at other times as the Chairperson deems necessary. Meetings may be
				  cancelled with appropriate public notice.
(c)
Participation by means of
				  telephone or video teleconference.
A Commissioner may participate in a
				  meeting by means of telephone or video teleconference when it is impractical
				  for the Commissioner to attend the meeting in person.
(d)
Record of proceedings.
The Commission shall cause to be made and shall keep the minutes of the public
				  meetings of the Commission. The Commission shall also make a verbatim
				  transcript of those proceedings which will be the property of the Commission
				  and will be retained for a period to be determined by the Commission in its
				  records retention policy. Copies of the verbatim transcript may be obtained
				  directly from the court reporting service.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.3 - Participation at meetings and voting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Majority vote.
Except as
				  provided in subsection (b), an action by the Commission to suspend, revoke, or
				  to refuse to renew any license previously issued by the Commission or its
				  staff, to impose a fine or penalty for violation of the rules of racing or to
				  take any other administrative action as deemed necessary and appropriate by the
				  Commission will require a majority vote of all the Commissioners.
(b)
Qualified majority vote.
(1)
Thoroughbred matters.
A
				  qualified majority vote consisting of the two Commissioners appointed under
				  section 9311(b)(1)(i) and (ii) of the act (relating to State Horse Racing
				  Commission) and as many votes of the remaining voting Commissioners as
				  necessary to constitute a majority of those Commissioners voting shall be
				  required to:
(i) Approve, issue, deny or
				  condition a license to conduct Thoroughbred horse race meetings under section
				  9318 of the act (relating to licenses for horse race meetings).
(ii) Adopt regulations governing Thoroughbred
				  horse race meetings under this section.
(iii) Employ a director of the Bureau of
				  Thoroughbred Horse Racing under section 9311(d)(2) of the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.4 - Delegation of powers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission may, by simple majority vote and consistent with the act and this
				  part, delegate its authority to perform any of its administrative or
				  adjudicatory functions to a Commissioner, a bureau director, a presiding
				  officer or any other member of the Commission's staff.
(b) A delegation of Commission authority may
				  be effectuated by promulgation of a regulation or the adoption of an order or a
				  resolution at a public meeting of the Commission. The regulation, order or
				  resolution will specify:
(1) The specific
				  authority delegated.
(2) The
				  Commissioner, bureau director or Commission staff member to whom the authority
				  is delegated.
(3) Limitations or
				  conditions imposed on the authority delegated.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.5 - Commission docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Administrative Docket.
The Commission shall designate an
				  Administrative Clerk who shall:
(1) Maintain a
				  complete docket of administrative orders, resolutions or directives issued by
				  the Commission.
(2) Maintain all
				  formal records, documents, annual reports and record of meetings proceedings,
				  including verbatim transcripts of the Commission's public meetings as
				  specifically set forth in section 9311 of the act and §
											173.2 (relating to
				  meetings).
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.6 - Commission office hours

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission office will be open from 8 a.m. to 4 p.m. on
					 business days except Saturdays, Sundays, legal holidays and Commonwealth office
					 closures declared by the Governor, unless otherwise directed by the
					 Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.7 - Contact information and public information

Current through Register Vol. 54, No. 28, July 13, 2024
Requests for Commission information, documents and
					 administrative matters may be directed to:
Administrative Clerk
State Horse Racing Commission
Department of Agriculture Building
Executive Offices-Room 301
2301 North Cameron Street
Harrisburg, PA 17110
(717) 787-5196
horseracing@pa.gov
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.9 - Annual report

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission, through the Department, shall issue its
					 annual report in accordance with the provisions of the act. Copies of the
					 annual report shall be posted on the Commission's web site or available for
					 public inspection during normal office hours at the Commission's executive
					 offices.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.10 - Mechanical and electronic records

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may prohibit the use of mechanical and
					 electronic recording or video recording devices at its public meetings if the
					 use of the devices will disrupt or otherwise interfere with the orderly conduct
					 of the proceedings.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.11 - Adoption of National standards

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 9312(6) of the act (relating to additional
					 powers of commission), the Commission may adopt by order and publication in the
Pennsylvania Bulletin
, National, State or regional standards
					 from other racing jurisdictions or the Association of Racing Commissioners
					 International, the USTA or similar Commission-approved trade organizations to
					 establish:
(1) Uniform drug threshold
				  levels.
(2) Consistent sanctions
				  for drug testing violations.
(3) A
				  system to monitor advanced deposit wagering and online pari-mutuel wagering
				  company activities.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 173 - COMMISSION OPERATIONS AND ORGANIZATION-TEMPORARY REGULATIONS › Section 173.12 - Reporting violations to the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
A person licensed by the Commission and properly brought
					 before it, in the course of an investigative, adjudicative or rulemaking
					 proceeding, who may be in possession of information regarding a solicitation,
					 an attempt or a completed act violating the rules of racing, shall promptly
					 report the information to the applicable Board of Stewards, Board of Judges or
					 the Commission. Failure to report the information may result in the imposition
					 of disciplinary action by the Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.1 - Director of the Bureau of Standardbred Horse Racing

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission shall assign the Bureau Director duties and
					 responsibilities as required to fulfill the Commission's statutory obligations
					 under the act specifically related to the Standardbred industry. The Commission
					 may, by order, delegate certain duties and responsibilities to the Bureau
					 Director as the Commission determines necessary to discharge the day-to-day
					 licensing, enforcement and administrative operations of the
					 Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart A - General Provisions › Chapter 175 - BUREAU OF STANDARDBRED HORSE RACING-TEMPORARY REGULATIONS › Section 175.2 - Authority of the Bureau Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Bureau Director shall have authority to enter and issue the orders of the
				  Commission and to certify copies of papers and documents which are part of the
				  files or records of the Commission.
(b) The Bureau Director, in addition to the
				  powers set forth in this part, shall be responsible for the efficient and
				  orderly discharge of administrative matters including the keeping of Commission
				  records, annual reports, minutes of Commission meetings and the keeping of the
				  dockets, files and other records of the Commission.