reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 97 - CONTAINER STANDARDS › HAMPERS AND ROUND STAVE BASKETS › Section 97.31 - Standards for hampers and round stave baskets for fruits and vegetables

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The standard
				  1/8-bushel hamper or round stave basket shall contain 268.8 cubic
				  inches.
(b) The standard 1/4-bushel
				  hamper or round stave basket shall contain 537.6 cubic inches.
(c) The standard 3/8-bushel hamper or round
				  stave basket shall contain 606.4 cubic inches.
(d) The standard 1/2-bushel hamper or round
				  stave basket shall contain 1075.21 cubic inches.
(e) The standard 5/8-bushel hamper or round
				  stave basket shall contain 1344 cubic inches.
(f) The standard 3/4-bushel hamper or round
				  stave basket shall contain 1612.8 cubic inches.
(g) The standard one-bushel hamper or round
				  stave basket shall contain 2150.42 cubic inches.
(h) The standard 1 1/4-bushel hamper or round
				  stave basket shall contain 2688 cubic inches.
(i) The standard 1 1/2-bushel hamper or round
				  stave basket shall contain 3225.63 cubic inches.
(j) The standard 2-bushel hamper or round
				  stave basket shall contain 4300.84 cubic inches.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 97 - CONTAINER STANDARDS › HAMPERS AND ROUND STAVE BASKETS › Section 97.32 - Tolerances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purpose
				  of allowing for variations in the capacity of containers incidental to
				  manufacture, the excess or deficiency in the capacity of any container over or
				  under the standard capacity prescribed for such container by these standards
				  may be as much as, but not more than, the tolerance for excess and deficiency
				  shown in Table 4, except for the following:
(1) Where departures from the standard
				  capacity occur in any lot of containers, the proportion over and under the
				  standard capacity shall be approximately equal.
(2) No lot shall be considered satisfactory
				  in which containers are within the deficiency tolerance but all under the
				  standard capacity prescribed for such containers.
TABLE 4. SCHEDULE OF CAPACITY TOLERANCES ALLOWED
					 UNDER § 97.31.
Standard
								Capacity
Tolerances (in cubic
								inches)
excess
deficiency
1/8 bushel (4 quarts)
10
5
1/4 bushel (8 quarts)
16
8
3/8 bushel (12 quarts)
23
12
1/2 bushel (16 quarts)
30
15
5/8 bushel (20 quarts)
36
18
3/4 bushel (24 quarts)
40
20
1 bushel (32 quarts)
50
25
1 1/4 bushels (40 quarts)
58
29
1 1/2 bushels (48
								quarts)
65
33
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 97 - CONTAINER STANDARDS › SPLINT BASKETS › Section 97.41 - Standards for splint baskets for fruit and vegetables

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The 4-quart splint basket shall contain
				  268.8 cubic inches.
(b) The 8-quart
				  splint basket shall contain 537.6 cubic inches.
(c) The 12-quart splint basket shall contain
				  806.4 cubic inches.
(d) The
				  16-quart splint basket shall contain 1075.21 cubic inches.
(e) The 24-quart splint basket shall contain
				  1612.8 cubic inches.
(f) The
				  32-quart splint basket shall contain 2150.42 cubic inches.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 97 - CONTAINER STANDARDS › SPLINT BASKETS › Section 97.42 - Tolerances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purpose
				  of allowing for variations in the capacity of containers incidental to
				  manufacture, the excess or deficiency in the capacity of a container over or
				  under the standard capacity prescribed for the container by these standards may
				  be as much as, but not more than, the tolerance for excess and deficiency shown
				  in Table 5, except for the following:
(1)
				  Where departures from the standard capacity occur in a lot of containers, the
				  proportion over and under the standard capacity shall be approximately
				  equal.
(2) No lot may be considered
				  satisfactory in which the containers are within the deficiency tolerance but
				  under the standard capacity prescribed for the containers.
TABLE 5. SCHEDULE OF CAPACITY TOLERANCES ALLOWED
					 UNDER § 97.41.
Standard
								Capacity
Tolerances (in cubic
								inches)
excess
deficiency
1/8 bushel (4 quarts)
10
5
1/4 bushel (8 quarts)
16
8
3/8 bushel (12 quarts)
23
12
1/2 bushel (16 quarts)
30
15
5/8 bushel (20 quarts)
36
18
3/4 bushel (24 quarts)
40
20
1 bushel (32 quarts)
50
25
1 1/4 bushels (40 quarts)
58
29
1 1/2 bushels (48
								quarts)
65
33
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 97 - CONTAINER STANDARDS › GENERAL › Section 97.51 - Use of covers

Current through Register Vol. 54, No. 28, July 13, 2024
If a cover is used on a container described in this
					 chapter, it shall be securely fastened or attached in such a manner as not to
					 reduce the capacity of the container below the minimum required for the
					 container.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 97 - CONTAINER STANDARDS › GENERAL › Section 97.52 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this chapter prohibits the manufacture for sale
					 or shipment, offer for sale or shipment of a container, or parts thereof, to a
					 foreign country; nor may this chapter prevent the manufacture or use of banana
					 hampers of the shape and character now in commercial use as shipping containers
					 for bananas.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 101 - STANDARDS FOR GRADING VEAL CALVES › Section 101.1 - 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:
Conformation
-The general body portions of a
				  bovine animal and the ratio of meat to bone. Conformation is determined
				  primarily by the inherent muscular and skeletal system, but is also influenced
				  by degree of fatness.
Finish
-The fatness of a bovine animal. The
				  quality, quantity and distribution of finish are closely associated with the
				  palatability and quality of the meat.
Quality
-The refinement of hair, hide and
				  bone to the smoothness and symmetry of the body of a slaughter calf or vealer.
				  Also related to the carcass yield and proportion of meat to bone.
Slaughter calf
-Young bovine animal usually
				  between 3 and 8 months of age which is subsisted partially or entirely on feeds
				  other than milk for a substantial period of time. The middle is heavier than
				  that of a vealer and the calf has the overall physical characteristics
				  associated with maturity beyond the vealer stage.
Vealer
-Young bovine animal typically less
				  than 3 months of age which subsisted largely on milk and has the characteristic
				  trimness of the middle associated with limited paunch
				  development.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 101 - STANDARDS FOR GRADING VEAL CALVES › Section 101.2 - Application of standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Vealers shall be graded largely on a composite evaluation of conformation,
				finish, quality and the total inherent physical characteristics of the
				animal.
(b) The grade descriptions
				of vealers as provided in §
									101.3 (relating to standards for
				grades of vealers) applies to vealers of average age or maturity. In order to
				qualify for a specific grade, more mature animals shall carry somewhat more
				finish than specified and very young animals may carry somewhat less finish
				than specified.
(c) The description
				of each grade of vealers shall represent the lower limits of the grade. There
				may be numerous combinations of grade factors which meet minimum requirements
				for a particular grade.
(d) Use of
				the standards for grades of vealers shall be voluntary.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 102.1 - Objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The Pennsylvania Agricultural Fair Act (3 P. S. §
											§
											1501-1508) was enacted to make funds
					 available to encourage the further development and improvement of
					 Pennsylvania's agricultural fairs. The Department is authorized to make grants
					 to eligible organizations from monies appropriated annually by the General
					 Assembly.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 102.3 - Advisory Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Function and duties.
The Advisory Committee shall assist and
				  advise the Secretary, review proposed Departmental regulations and the Annual
				  Plan for the administration of the act, and periodically review the operation
				  of the program and make recommendations on the disbursement of funds.
(b)
Quorum.
No business may
				  be transacted by the Advisory Committee in the absence of a quorum, which shall
				  consist of four members.
(c)
Membership.
(1) The Advisory
				  Committee shall be composed of the following:
(i) The Secretary of Agriculture, who shall
				  be the Chairperson.
(ii) The
				  Chairperson of the Agriculture and Rural Affairs Committee of the House of
				  Representatives or a designee.
(iii) The Chairperson of the Agriculture and
				  Rural Affairs Committee of the Senate or a designee.
(iv) Four additional members to be appointed
				  by the Secretary, including three representatives of the agricultural fairs and
				  one member who shall represent the public at large.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 102.4 - Annual Plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preparation.
The Secretary shall prepare, with the advice and
				  the assistance of the Advisory Committee, an Annual Plan setting forth a
				  program and formula under which moneys appropriated annually by the General
				  Assembly shall be distributed in accordance with the act and this chapter. In
				  formulating the Annual Plan, the Secretary and the Advisory Committee shall
				  consider, among other things, the following:
(1) The amount of moneys appropriated or
				  expected to be appropriated by the General Assembly.
(2) The General Assembly's declaration of
				  purpose set forth at section 2 of the act (3 P. S. §
												1502).
(3) The number of applications for grants
				  submitted or expected to be requested.
(4) An equitable geographic distribution of
				  grant moneys throughout the Commonwealth.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 102.6 - Right of recovery

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the right to make a claim for and
					 receive from the applicant monies not expended in accordance with the act, this
					 chapter or the Grant Agreement.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 102.7 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation is limited to the
					 amount of the grant. The Department is not responsible for funding cost
					 overruns incurred by applicants.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 102.8 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant
				  shall maintain books, records and other evidence pertinent to costs incurred in
				  connection with the application for funds under either Subchapter B or C
				  (relating to grants for operating costs; and capital improvement matching
				  grant). The books and records shall be maintained according to generally
				  accepted accounting principles.
(b)
				  Financial records, supporting documents, statistical records and other records
				  pertaining to the grant shall be retained by the applicant for 7 years
				  following the date payment is made. The records and documents shall be
				  available for inspection or audit at reasonable times by the Commonwealth, its
				  agencies and instrumentalities.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter B - GRANTS FOR OPERATING COSTS › Section 102.21 - Submission and processing of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission.
An applicant
				  desiring to be considered for a grant shall submit in quadruplicate to the
				  Department, on a form prepared by the Department, an application for the grant
				  under the act. An applicant requesting reimbursement of operating expenses in
				  connection with an annual agricultural fair shall submit a copy of the fair's
				  premium book, and an applicant requesting funds for conducting harness racing
				  shall submit an official racing program and a copy of the judges' racing
				  sheets.
(b)
Processing.
Upon receipt of an application as specified in
				  subsection (a), the Department will review the application for completeness and
				  accuracy. If the form is found to be incomplete or inaccurate, additional data
				  will be requested and final processing of the application will be discontinued
				  until the requested data is supplied by the applicant.
(c)
Deadline.
An application
				  shall be filed with the Department by November 15 of the year for which the
				  funds are requested. An application shall be considered filed when a completed
				  and accurate application, on a form prepared by the Department, is received by
				  the Department at its offices at 2301 North Cameron Street, Harrisburg,
				  Pennsylvania 17110-9408, Attention: Pennsylvania Agricultural Fair Program
				  Administrator.
This section cited in 7 Pa. Code §
												102.24 (relating to probationary
						organizations).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter B - GRANTS FOR OPERATING COSTS › Section 102.22 - Amount of grant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The amount
				  of a grant awarded under this subchapter shall be calculated in a manner and
				  awarded in an amount established by the Secretary in the Annual Plan. The grant
				  may not exceed the statutory amounts set forth at section 5 of the act
				  (3 P.
				  S. §
											1505).
(b) In calculating the amount of a grant, no
				  premiums will be reimbursable if awarded under the Danish System.
(c) A grant awarded to an applicant
				  conducting an annual agricultural fair may not exceed the amount of operating
				  costs incurred and premiums awarded. Expenses of judges, mileage allowances or
				  meals are expenses of the applicant and are not reimbursable as
				  premiums.
(d) Grants will be made
				  to an applicant on or before February 1 in the year following the filing of an
				  application.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter B - GRANTS FOR OPERATING COSTS › Section 102.23 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicant conducting an annual agricultural fair.
An
				  applicant, to be eligible for a grant under section 5(1) of the act
				  (3 P.
				  S. §
											1505(1)), shall
				  conduct a fair which meets the following requirements:
(1) Exhibits agricultural or agribusiness
				  products, materials and equipment.
(2) Conducts agricultural or agribusiness
				  educational activities and demonstrations.
(3) Awards premiums to agricultural or
				  agribusiness contest and exhibit winners with a top award for first place and
				  proportionate awards to runners-up adjudged by position following the winner,
				  but not to exceed ten in number.
(4) Provides proper first aid through medical
				  personnel and adequate sanitary facilities which meet Commonwealth and local
				  requirements. Fairgrounds shall be sprayed properly to control insects prior to
				  opening of the fair or activity.
(5) Provides supervision of activities by an
				  officially-appointed committee or a board of directors of at least five
				  persons.
(6) Files reports, forms
				  and applications and maintains records required by this chapter.
(7) Provides that at least 25% of the events
				  for which agricultural or agribusiness premiums are paid are open class
				  events.
(8) Holds a program
				  contributing to the development of several or many phases of agriculture or
				  agribusiness for at least 5 consecutive activity days for Class A, B and C
				  fairs, and at least 3 consecutive activity days for Class D and E
				  fairs.
(9) Takes adequate
				  precautions against fire and keeps wind hazards to a minimum. Barns which are
				  fire hazards may not be used to house livestock. Proper fire fighting equipment
				  shall be reasonably available.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter B - GRANTS FOR OPERATING COSTS › Section 102.24 - Probationary organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicant conducting an annual agricultural fair.
An applicant
				  conducting an annual agricultural fair is not entitled to a grant until it has
				  notified the Department of its intent to conduct and has, in fact, conducted
				  three consecutive annual fairs under §
										102.23(a)
				  (relating to eligibility), and in connection with each of the three annual
				  fairs, filed an application under §
										102.21 (relating to submission and
				  processing of applications). In notifying the Department of its intent to
				  conduct an annual fair, an applicant shall file a notice with the Department,
				  which can be a letter addressed to the Secretary, that complies with the
				  following requirements:
(1) It shall be
				  received prior to conducting the first of the three fairs described in this
				  subsection.
(2) It shall state with
				  specificity the location of the fair.
(3) It shall state the dates on which the
				  fair will be held.
(4) It shall
				  state the complete names and addresses of the directors and officers of the
				  applicant as well as the name, address and telephone number of the person the
				  Department can contact for further information.
(5) It shall include a description of the
				  agricultural exhibits and events that the applicant intends to conduct, as well
				  as a statement of how the applicant will contribute to the development of many
				  phases of agriculture.
(6) It shall
				  state that the applicant will apply for a grant in its 4th year.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter C - CAPITAL IMPROVEMENT MATCHING GRANTS › Section 102.31 - Submission and processing of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission.
An applicant
				  desiring to be considered for a capital improvement matching grant shall submit
				  to the Department, on a form prepared by the Department, an application for the
				  grant. The application shall include, but is not limited to, the following:
(1) Detailed information regarding the
				  project for which the grant is sought.
(2) Evidence satisfactory to the Department
				  showing that matching funds required by §
											102.32(b)
				  (relating to amount of grant) are available for the
				  project.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter C - CAPITAL IMPROVEMENT MATCHING GRANTS › Section 102.32 - Amount of grant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The amount
				  of the grant awarded under this subchapter shall be calculated in a manner and
				  awarded in an amount established by the Secretary in the annual plan. A grant
				  will not be awarded contrary to the limitations set out in subsections
				  (b)-(e).
(b) A grant shall be
				  matched at least dollar-for-dollar by the applicant to whom an award is
				  made.
(c) An applicant may not be
				  awarded more than $25,000 for a specific project.
(d) A grant may be provided to reimburse
				  actual approved expenditures. If funding is approved in advance of actual
				  expenditures, the applicant will not be reimbursed until the applicant complies
				  with §
										102.34 (relating to certification
				  of completion).
(e) A grant may be
				  awarded to an organization for the following types of projects:
(1) Construction of new buildings and
				  improvements to existing buildings utilized for conducting fairs and located
				  upon fair grounds owned by the applicant or leased to the applicant for a term
				  not less than the expected useful life of the improvement.
(2) Improvements to fair grounds and the
				  purchase of additional fair ground land to be utilized primarily for the
				  conducting of fairs.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter C - CAPITAL IMPROVEMENT MATCHING GRANTS › Section 102.33 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
To be eligible for a capital improvement matching grant, an
					 applicant shall conduct an annual agricultural fair under §
										102.23(a) 
					 (relating to eligibility), and shall be eligible for a grant under section 5(1)
					 of the act (3 P. S. §
											1505(1)), both in the year
					 the application for capital improvements matching funds is filed, and in the
					 year the project for which the grant is sought is, or will be, constructed or
					 purchased.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 102 - PENNSYLVANIA AGRICULTURAL FAIR PROGRAM › Subchapter C - CAPITAL IMPROVEMENT MATCHING GRANTS › Section 102.34 - Certification of completion

Current through Register Vol. 54, No. 28, July 13, 2024
Within 30 days of completion of a project funded by a
					 matching grant, the applicant shall file with the Department a certificate of
					 completion, signed by its president or treasurer, stating that the funds were
					 expended in accordance with section 5(1)(ii) of the act (3 P. S. §
											1505(1)(ii)) and this
					 subchapter.
This section cited in 7 Pa. Code §
												102.32 (relating to amount of
						grant).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.1 - 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:
Act
-The Pennsylvania Agricultural
				  Commodities Marketing Act of 1968 (3 P. S. §
										§
										1001-1013).
Affected producers
-Producers designated as
				  participants by the terms of the program.
Cooperative
-A cooperative marketing
				  association, as defined by the act and which includes Commonwealth producers as
				  members.
Person
-An individual, partnership, firm,
				  corporation, association or other business unit.
Producer
-A person doing business wholly or
				  in part within this Commonwealth and engaged in the business of producing
				  agricultural commodities.
Program
-A marketing order issued by the
				  Secretary under the act, governing the collection of fees and administration of
				  budgets to benefit producers.
Referendum order
-An order adopted and
				  promulgated by the Secretary under the act, calling for a referendum of
				  producers of an agricultural commodity and prescribing detailed procedures for
				  the conduct of the referendum.
Secretary
-The Secretary of Agriculture of
				  the Commonwealth.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.2 - Calling of referendum

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary shall, by adoption and promulgation of a
				  referendum order, call for a referendum among the affected producers if:
(1) After a public hearing on a proposed
				marketing program, the Secretary determines that the proposed program tends to
				effectuate the purposes of the act.
(2) A written request for a referendum on
				proposed amendments to a marketing program is made by the advisory board or by
				10% of the producers in an agricultural commodity group of over 2,000 affected
				producers or 15% of the producers in a commodity group of less than 2,000
				affected producers and the Secretary determines that the proposed amendments
				will tend to effectuate the purposes of the act.
(3) A written request for a referendum on the
				question of termination of a marketing program is made by 10% of the producers
				in an agricultural commodity group of over 2,000 affected producers or 15% of
				the producers in a commodity group of less than 2,000 affected
				producers.
(4) A marketing program
				exists for an agricultural commodity group and more than 4 years have passed
				since the last referendum was held concerning the adoption or review of the
				program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.4 - Referendum period

Current through Register Vol. 54, No. 28, July 13, 2024
The referendum period shall be specified in the referendum
				  order and may not be less than 14 days, computed from the time the ballots are
				  deposited in the United States mail, first class postage prepaid. Ballots may
				  be returned by mail or in person to the office of the Secretary. Provision
				  shall be made for an adequate interval between the announcement of the
				  referendum and the voting period to enable cooperatives desiring to cast a
				  representative vote to fulfill the requirements of the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.5 - Distribution of voting materials

Current through Register Vol. 54, No. 28, July 13, 2024
Distribution of a copy of the proposed program, the program
				  for review of proposed amendments, official ballot, voting instructions and a
				  preaddressed return envelope shall be made by mail to affected producers. The
				  names of affected producers shall be taken from lists maintained in the office
				  of the Secretary. Additional copies of the same material shall be made
				  available at the office of the Secretary.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.6 - Voting limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				cooperative casting a representative vote may vote only its Pennsylvania
				eligible producer members as of the record date designated in the referendum
				order.
(b) A producer may cast only
				one vote in a referendum.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.7 - Ballots

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual
				producer ballot shall contain the following items:
(1) The name of the commodity
				program.
(2) Provision for "yes"
				and "no" votes.
(3) Space for the
				producer to indicate his production volume for the period specified in the
				referendum order, in the case of a referendum on a proposed program or
				amendment.
(4) In the case of a
				program providing for representative voting, the voter shall indicate the name
				of the cooperative of which he was a member as of the record date specified in
				the referendum order.
(5) The voter
				shall sign the ballot and indicate his post office address and county of
				residence.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.8 - Counting of ballots

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The ballots
				shall be counted by a teller committee appointed by the Secretary. The
				committee may be assisted by employes of the Department of
				Agriculture.
(b) Individual votes
				of producer members of a cooperative casting a representative vote shall be
				deducted from the representative vote.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.9 - Challenged and spoiled ballots

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Ballots may be challenged by members of the teller committee, and the Secretary
				shall decide whether a challenged ballot is acceptable.
(b) A ballot shall be considered a spoiled
				ballot if it is mutilated or marked in such a way it is not possible to
				determine with certainty its content.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 103 - REFERENDUMS › Section 103.10 - Announcing results of the referendum

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary will announce the results
				of the referendum within 30 days following the completion of the referendum
				period. The results will be published in the
Pennsylvania
				Bulletin
and disseminated to the news media.
(b) The results of the referendum will be
				given in the following format:
(1) Total
				number of eligible votes cast, and, in the case of a referendum on a proposed
				program or amendment, the total production volume represented by the eligible
				votes.
(2) Total number of
				affirmative votes, and, in the case of a referendum on a proposed program or
				amendment, the production volume represented.
(3) Total number of negative votes, and, in
				the case of a referendum on a proposed program or amendment, the production
				volume represented.
(4) The totals
				of paragraphs (2) and (3) expressed as percentages of the total
				voting.
(5) Total number of spoiled
				or ineligible ballots.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter A - APPLE MARKETING PROGRAM › Section 104.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the procedures by which apple
					 producers pay producer charges owed the Program, and by which a sales agent is
					 required, upon request of the Program, to produce records and information
					 relevant to the apple production of the producer for whom it is the sales
					 agent.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter A - APPLE MARKETING PROGRAM › Section 104.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Fresh market
-Apples that are marketed and
					 have not been processed.
Marketing season
-The period from July 1 of
					 a calendar year through June 30 of the following calendar year.
Person
-An individual, firm, corporation,
					 association or another business unit.
Processing
-The operation of receiving,
					 grading, packing, canning, dehydrating, preserving, freezing, grinding,
					 crushing or preserving or changing the form of apples for marketing in a form
					 other than for fresh consumption.
Processor
-A person who engages in
					 processing.
Producer
-A person who owns 500 or more
					 apple trees located within this Commonwealth and who is engaged in the business
					 of growing or producing apples, or causing apples to be grown or produced,
					 within this Commonwealth.
Program
-The Pennsylvania Apple Marketing
					 Program.
Sales agent
-A processor, a producer or a
					 person who purchases, handles, receives, sells or contracts to sell apples
					 originating from a producer. A producer may be a sales agent or processor with
					 respect to apples of his own production.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter A - APPLE MARKETING PROGRAM › Section 104.3 - Producer charges

Current through Register Vol. 54, No. 28, July 13, 2024
The producer charges owed the Program shall be 7¢ per
					 bushel of apples sold for fresh market use and 4¢ per hundred pounds of
					 apples sold or accepted for processing. These producer charges may be changed
					 by subsequent amendment of the Program in accordance with the referendum
					 procedure in Chapter 103 (relating to referendums).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter A - APPLE MARKETING PROGRAM › Section 104.4 - Responsibility for payment of producer charge

Current through Register Vol. 54, No. 28, July 13, 2024
It is the responsibility of the producer to submit a
					 complete production verification statement, as described in §
										104.5 (relating to accounting and
					 payment), and to pay the appropriate producer charge owed the
					 Program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter A - APPLE MARKETING PROGRAM › Section 104.5 - Accounting and payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Production verification statement
. The Program will provide
				  the producer with production verification statement forms with which to verify
				  the quantity of apples which it has produced for fresh market use or processing
				  within a particular marketing season. The producer shall provide the following
				  information on its production verification statement:
(1) The name and address of the
				  producer.
(2) The number of bushels
				  of apples sold for fresh market use within the marketing season, or other time
				  period designated by the Program.
(3) The number of pounds, in hundreds, of
				  apples sold for processing, transferred for processing or processed within the
				  marketing season, or other time period designated by the Program.
(4) The names of persons to whom apples were
				  sold or delivered for processing, and the number of pounds, in hundreds, of
				  apples sold or delivered to each processor.
(5) A calculation of the amount of producer
				  charges owed the Program by the producer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter A - APPLE MARKETING PROGRAM › Section 104.6 - Responsibilities of sales agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Records to be kept by sales agent
. A sales agent whose
				  business is located in this Commonwealth shall maintain records of the identity
				  of each producer with respect to which it transacts business as described in
				  subsection (b), the date of the transaction, the amount of apples involved in
				  the transaction and the disposition of the apples, whether for processing or
				  fresh market use, for at least 3 marketing seasons beyond the marketing season
				  within which the transaction occurred.
(b)
Demand for production of
				  information
. The Program may issue a written demand for production of
				  information to a sales agent whose business is located in this Commonwealth
				  with respect to apples which the sales agent:
(1) Purchased from a particular
				  producer.
(2) Handled on behalf of
				  a particular producer.
(3)
				  Processed on behalf of a particular producer.
(4) Received from a particular
				  producer.
(5) Sold or has under
				  contract to be sold on behalf of a particular processor.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter B - POTATO RESEARCH PROGRAM › Section 104.12 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the procedures by which persons
					 who produce 5 or more acres of potatoes in a given year account for and pay
					 producer charges owed the Program, and by which a sales agent is required, upon
					 request of the Program, to produce records and information relevant to the
					 potato acreage and production of the potato producer for whom it is the sales
					 agent.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter B - POTATO RESEARCH PROGRAM › Section 104.13 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Pennsylvania Agricultural
					 Commodities Marketing Act of 1968 (3 P. S. §
											§
											1001-1013).
Affected producer
-A person who produces or
					 grows 5 or more acres of potatoes within this Commonwealth in a calendar year
					 for sale or marketing.
Department
-The Department of Agriculture
					 of the Commonwealth.
PASS
-The Pennsylvania Agricultural
					 Statistics Service.
Person
-An individual, firm, partnership,
					 corporation, association or other business unit.
Potatoes
-All varieties of potatoes grown
					 in this Commonwealth.
Processor
-A person who commercially
					 processes potatoes into potato products, including frozen, dehydrated or canned
					 potato products, potato chips, shoestring potatoes and flour.
Program
-The Pennsylvania Potato Research
					 Program.
Sales agent
-A processor, a producer or a
					 person who purchases, handles, receives, sells or contracts to sell potatoes
					 originating from a producer. A producer may be a sales agent with respect to
					 potatoes of his own production.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter B - POTATO RESEARCH PROGRAM › Section 104.14 - Producer charge

Current through Register Vol. 54, No. 28, July 13, 2024
The producer charge owed the Program shall be $4 with
					 respect to each acre of potatoes planted by an affected producer in a
					 particular calendar year. This producer charge may be changed by subsequent
					 amendment of the Program in accordance with the referendum procedure in Chapter
					 103 (relating to referendums).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter B - POTATO RESEARCH PROGRAM › Section 104.15 - Responsibility for payment of producer charge

Current through Register Vol. 54, No. 28, July 13, 2024
It is the responsibility of an affected producer to submit
					 an annual statement, as described in §
										104.16 (relating to accounting and
					 payment) and to pay the appropriate producer charge owed the
					 Program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter B - POTATO RESEARCH PROGRAM › Section 104.16 - 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 and the number of acres of planted
				  potatoes that are subject to the producer charge. The affected producer shall
				  complete and submit the annual statement form in accordance with this
				  section.
(b)
Form of
				  payment.
Payment of a producer charge shall be by check or money order
				  made payable to the "PA Potato Research Program."
(c)
Address.
The annual
				  statement form and payment described in subsections (a) and (b) shall be mailed
				  or delivered to:
Department of Agriculture Bureau of Market Development
					 Attn: PA Potato Research Program 2301 North Cameron Street Harrisburg,
					 Pennsylvania 17110-9408
(d)
Deadline.
The annual statement form and payment described in
				  subsections (a) and (b) shall be postmarked and mailed, or actually delivered
				  to the Program, by July 31 of the calendar year in which the potatoes were
				  planted.
(e)
Penalty for
				  noncompliance.
An affected producer who fails to mail or deliver the
				  required annual statement form as described in subsection (a), and the producer
				  charges owed the Program within 30 days of the due date, as described in
				  subsection (d), 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 the imposition
				  of a penalty, plus payment of producer charges owed the Program, may be brought
				  in the appropriate magisterial district. A penalty imposed shall be in addition
				  to the delinquent producer charges owed the Program.
This section cited in 7 Pa. Code §
												104.15 (relating to responsibility
						for payment of producer charge).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter B - POTATO RESEARCH PROGRAM › Section 104.17 - Responsibilities of sales agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Required records.
A sales agent whose business is located in
				  this Commonwealth shall maintain records of the identity of each producer with
				  respect to which it transacts business, the date of the transaction and the
				  weight of the potatoes involved in the transaction. A transaction includes the
				  purchase of potatoes from a producer, the handling of potatoes on behalf of a
				  producer, the processing of potatoes on behalf of a producer, the receipt of
				  potatoes from a producer, the sale of potatoes on behalf of a producer and the
				  contracting to sell potatoes on behalf of a producer.
(b)
Retention of records.
A
				  sales agent who is required to keep records under subsection (a) shall retain
				  these records for at least 2 calendar years beyond the calendar year within
				  which the transaction occurred.
(c)
Demand for production of information.
The Program may issue a
				  written demand for production of the records described in subsection (a) upon a
				  sales agent whose business is located in this Commonwealth.
(d)
Contents of demand.
A
				  demand for production of information shall set forth the following:
(1) The time period with respect to which
				  information is sought.
(2) A
				  general description of the information which must be produced. This description
				  may include the names of specific producers with respect to which information
				  is sought.
(3) The date by which
				  the sales agent shall mail or deliver its response to the Program. This date
				  shall be at least 14 days from receipt of the demand for production of
				  information.
(4) A reference to the
				  penalties which could be imposed upon the sales agent if it fails to respond,
				  fails to respond completely or fails to respond within the time specified to a
				  demand for production of information.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter B - POTATO RESEARCH PROGRAM › Section 104.18 - Calculation of minimum producer charge

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The Program may
				  calculate a minimum producer charge in accordance with this section and pursue
				  collection of that charge.
(b)
Presumption.
At any proceeding at which the Program seeks
				  payment of a producer charge from an affected producer, there shall be a
				  rebuttable presumption that a minimum producer charge calculated in accordance
				  with this section is the actual producer charge owed the Program.
(c)
Calculation.
To
				  calculate a minimum producer charge, the Program will do the following:
(1) Determine the minimum weight of potatoes
				  produced by an affected producer within a particular calendar year. This may be
				  accomplished by using production information obtained from sales agents under
				  §
											104.17 (relating to
				  responsibilities of sales agents).
(2) Obtain the county-by-county summary of
				  potato acreage, yield, production and value compiled by PASS in its annual
				  statistical summary for the calendar year at issue.
(3) Determine the PASS average per-acre
				  potato yield figure for that county, if the county from which the potatoes were
				  produced is known. If the figure is not available for that county, or if the
				  potatoes were produced from more than one county, or if the county from which
				  the potatoes were produced is not known, determine the PASS average per-acre
				  potato yield figure for the entire Commonwealth.
(4) Divide the weight of potatoes determined
				  under paragraph (1) by 110% of the applicable average per-acre potato yield
				  figure determined under paragraph (3). This quotient equals the minimum number
				  of acres of planted potatoes that are subject to a producer charge.
(5) Multiply the minimum number of acres of
				  planted potatoes, rounded to the next-lowest whole number, by the $4-per-acre
				  producer charge. This product is the minimum producer charge owed by the
				  affected producer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter D - VEGETABLE MARKETING AND RESEARCH PROGRAM › Section 104.51 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the procedures by which
					 vegetable producers shall account for and pay the producer charges owed the
					 Program.