Pennsylvania Code › Title 7 - AGRICULTURE › Part III - Bureau of Food Safety and Laboratory Services › Subpart C - Miscellaneous Provisions › Chapter 82 - SEASONAL FARM LABOR CAMPS › GENERAL PROVISIONS › Section 82.1 - 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 Seasonal Farm Labor Act
						(43
						P. S. §
												§
												1301.101-1301.606).
Central kitchen
-The area in which a
						person designated by the employer or farm labor contractor is to be responsible
						for the preparation, cooking and storage of food for more than their immediate
						family.
Communal kitchen
-The area intended for
						the use of more than one family or person for preparation, cooking and storage
						of food.
Communicable disease
-An illness due to a
						specific infectious agent or its toxic products which arises through
						transmission of that agent or its products from a reservoir to a susceptible
						host, either directly as from an infected person or animal or indirectly
						through an intermediate plant or animal host or vector or the inanimate
						environment.
Department
-The Department of
						Environmental Resources of the Commonwealth, or its designated agent.
Domicile
-A place of residence at which a
						person intends to remain for an unlimited time and which the person considers
						to be the person's permanent home.
Employer
-An individual, firm,
						partnership, association, trust, corporation, receiver or other officer of a
						court of the Commonwealth and a person or group of persons acting directly or
						indirectly in the interest of an employer in relation to an employe employing
						or permitting to work a seasonal farm worker in this Commonwealth. The term
						includes a farmer, grower, nurseryman or landowner who employs or on whose
						premises or in whose interest is employed, a seasonal farm worker.
Farm labor contractor
-A person who, for
						payment, wages, salary, fees or other consideration, either for himself or on
						behalf of another person recruits, solicits, hires, furnishes or transports
						five or more seasonal farm workers (excluding members of his immediate family)
						in a calendar year for employment in agriculture or in agriculture-related
						industry. In any case in which a firm, partnership, association, corporation or
						organization engages in these activities for the purpose of supplying seasonal
						farm workers solely for its own operation, the term means that officer,
						official, supervisor or employe most directly responsible for the activity. The
						term does not include one or more of the following:
(i) A person, firm, partnership, association
					 or corporation which is the holder of a valid and current license under the
					 Employment Agency Law (43 P. S. §
												§
												535-581).
(ii) A nonprofit charitable organization,
					 public or nonprofit private educational institution or similar
					 organization.
(iii) An individual
					 farmer, grower, nurseryman or landowner who engages in the activity for the
					 purpose of supplying seasonal farm workers solely for his own operation, except
					 that an employe of an individual farmer who engages in the activity on the
					 farmer's behalf shall be considered a "farm labor contractor" for the purposes
					 of the act.
(iv) A person who
					 engages in the activity for the purpose of obtaining seasonal farm workers of a
					 foreign nation for employment in the United States if the employment is subject
					 to one of the following:
(A) An agreement
					 between the United States and the foreign nation.
(B) An arrangement with the government of a
					 foreign nation under which written contracts for the employment of the workers
					 are provided for through the United States by an instrumentality of the foreign
					 nation.