Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter E - PEACH AND NECTARINE RESEARCH PROGRAM › Section 104.65 - Accounting and payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual statement.
The Program will provide the producer with
				  annual statement forms with which to verify the producer's name and address,
				  whether the producer is an affected producer with respect to the calendar year
				  referenced on the form and the number of acres of peach trees or nectarine
				  trees, or both, that are subject to the producer charge. The affected producer
				  shall complete and submit the annual statement form in accordance with this
				  section.
(b)
Obtaining a
				  form.
The Department will endeavor to mail or deliver annual statement
				  forms to known producers in August of each year. If an affected producer does
				  not receive an annual statement form from the Department by September 1, the
				  affected producer shall obtain a form by contacting the Department at the
				  address set forth in subsection (d).
(c)
Form of payment.
Payment
				  of a producer charge shall be by check or money order payable to the "PA Peach
				  and Nectarine Research Program."
(d)
Address.
The annual
				  statement form and payment described in subsections (a) and (c) shall be mailed
				  or delivered to: Department of Agriculture, Bureau of Market Development,
				  Attn.: PA Peach and Nectarine, 2301 North Cameron Street, Harrisburg, PA
				  17110-9408.
(e)
Deadline.
The annual statement form and payment described in
				  subsections (a) and (c) shall be postmarked and mailed, or actually delivered
				  to the Program, by October 1 of each year any person is an affected producer.
				  This due date was established by referendum among affected producers and by the
				  order pursuant to which the program was established under the act, and may be
				  changed by amendment of the Program in accordance with the referendum procedure
				  in Chapter 103 (relating to referendums). Although the Department will amend
				  this section to reflect any revised due date, an affected producer is
				  responsible to comply with the revised due date regardless of whether this
				  amendment has been completed.
(f)
Penalty for noncompliance.
An affected producer who fails to
				  mail or deliver the required annual statement form as described in subsection
				  (a), and the pro-ducer charges owed the Program within 30 days of thedue date,
				  as described in subsection (e), shall be required to pay a penalty of at least
				  $100 but not more than $500, and as nearly equivalent to 100% of the amount of
				  the delinquent producer charges as is practicable. An action seeking imposition
				  of a penalty, plus payment of producer charges owed the Program, may be brought
				  in the appropriate magisterial district. A penalty shall be in addition to the
				  delinquent producer charges owed the Program.
This section cited in 7 Pa. Code §
												104.64 (relating to responsibility
						for payment of producer charge).