reglab/statecodes huggingface dataset:
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 104.52 - 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:
Auction
-A market where producers provide
					 vegetables in wholesale quantities to be auctioned to wholesale buyers.
Cooperative
-A sales agent that markets
					 fresh market vegetables on behalf of two or more producers, and which is owned
					 by the producers for which it markets vegetables.
Fresh market vegetables
-Vegetables that
					 have not been processed and that are marketed to persons other than
					 processors.
Greenhouse
-
(i) An enclosed structure for growing
				  vegetables, including structures where the internal temperature is controlled
				  or high tunnels where additional heat is not supplied.
(ii) The term does not include low
				  tunnels.
Marketing season
-The period from January 1
					 through December 31 of each calendar year.
Packing house
-A facility that receives,
					 washes, grades, packages or packs fresh market vegetables produced by a person
					 other than the owner or operator of that facility.
Person
-An individual, firm, corporation,
					 association or other business unit.
Processing
-The operation of preserving
					 vegetables for storage by canning, dehydrating, freezing, grinding, crushing,
					 packaging or other means.
Processor
-A person who engages in
					 processing.
Producer
-
A person who does one or more of the following during a
					 particular marketing season:
(i) Grows
				  1 or more acres of vegetables in this Commonwealth for the purpose of selling
				  the vegetables.
(ii) Grows
				  vegetables in one or more greenhouses in this Commonwealth if all of the
				  following are accurate:
(A) The greenhouse
				  grows vegetables in 1,000 square feet or more of growing space.
(B) The vegetables are grown for
				  sale.
(C) The vegetables are not
				  grown to be transplanted outdoors.
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 104.53 - Producer charges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A producer
				  owes a producer charge to the Program each marketing season. The producer
				  charge is the lesser of the following:
(1) A
				  flat fee of $25, plus $1.50 for each vegetable production unit exceeding five
				  vegetable production units.
Example
: A grower conducts field vegetable
					 production on 10 acres of land and also has 6,000 square feet of greenhouse
					 vegetable production. This means the grower's vegetable production occurs on a
					 total of 16 vegetable production units (10 of which are attributable to the 10
					 1-acre units devoted to field vegetable production and 6 of which are
					 attributable to the 6 1,000-square-foot units devoted to greenhouse vegetable
					 production). The $1.50-per-vegetable-production-unit producer charge does not
					 apply to the first five of these 16 vegetable production units, but applies to
					 the remaining 11. The producer charge is $41.50, calculated by adding (the flat
					 fee of $25) plus (11 vegetable production units multiplied by $1.50 per
					 vegetable production unit).
(2) An amount equal to 1.25% (0.0125) of
				  gross sales of vegetables during a particular marketing season, but no less
				  than $25.
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 104.54 - Accounting, payment and verification procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Assessment statement
.
				  The Program will provide producers with assessment statement forms with which
				  to verify the acreage, or the square-footage in the case of greenhouse-grown
				  vegetables, of vegetables which the producer raises within a particular
				  marketing season. The Program will provide these forms upon request and make
				  these forms available for producers to download from the Program's web site at
www.paveggies.org
. An assessment
				  statement form will require the following information of a producer with
				  respect to each marketing season:
(1) The
				  name, address and telephone number of the producer.
(2) The marketing season with respect to
				  which the form is submitted.
(3)
				  The number of acres of vegetables raised by the producer for processing or
				  fresh market use and sold within that marketing season.
(4) The square footage of greenhouse-grown
				  vegetables raised by the producer and sold within that marketing
				  season.
(5) The calculation of the
				  amount of producer charges owed the Program by the producer.
(6) The date upon which the form was
				  completed.
(7) A verification,
				  signed by the person submitting the form, confirming the accuracy of the
				  information provided.
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 104.55 - Responsibilities of the producer

Current through Register Vol. 54, No. 28, July 13, 2024
It is the responsibility of the producer to submit a
					 complete assessment statement form, as described in §
										104.54 (relating to accounting,
					 payment and verification procedures) and the appropriate producer charge owed
					 the Program. The producer shall retain a copy of any assessment statement form
					 which is submitted to the Program for at least two marketing seasons beyond the
					 marketing season with respect to which the form is submitted.
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 104.56 - Responsibilities of the sales agent

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Providing basic producer
				  information
. The Department may issue a sales agent a written notice
				  that the sales agent is to provide the Department the name and address of each
				  producer from which the sales agent purchased $2,000 or more worth of
				  vegetables in a given marketing season. If the Department issues a written
				  notice, the sales agent shall provide the requested information to the
				  Department within 30 days of the date of the written notice.
(b)
Providing production value
				  information
. After the Department has issued a sales agent the written
				  notice described in subsection (a), the Department may follow-up with a
				  subsequent notice that the sales agent is to provide the Department the dollar
				  value of vegetables purchased in a given marketing season from any of the
				  producers identified in the sales agent's initial response to the Department
				  under subsection (a). If the Department issues a follow-up notice, the sales
				  agent shall provide the requested information to the Department within 30 days
				  of the date of the follow-up notice.
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 104.57 - Penalties for noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Sales agents
. If a sales agent fails to comply, or fails to
				  comply completely or fails to comply with this subchapter within the time
				  specified, the Department may bring a civil action in the appropriate
				  magisterial district seeking a penalty of at least $100 but not more than
				  $300.
(b)
Producers
.
(1)
Failure to Mail or Deliver Assessment Statement Form and Payment by
				  January 31
. If a producer fails to mail or deliver an assessment
				  statement form and the required payment of producer charges to the Program by
				  the January 31 immediately following the applicable marketing season, as
				  required under §
											104.54 (relating to accounting,
				  payment and verification procedures), the producer owes a penalty of $25. The
				  $25 penalty is in addition to the producer charges owed and any penalty imposed
				  under Paragraph (2).
(2)
Penalty
. If a producer fails to comply, or fails to comply
				  completely or fails to comply with this subchapter within the time specified,
				  the Department may bring an action in the appropriate magisterial district
				  seeking a penalty of at least $100 but not more than $500, plus payment of
				  producer charges owed. If the producer owes producer charges, the Department
				  will seek a penalty as nearly equivalent to 100% of the delinquent amount as is
				  practicable. A penalty sought by the Department will be in addition to payment
				  of delinquent producer charges.
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 104.61 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the procedures by which peach
					 and nectarine producers pay producer charges owed the
					 Program.
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 104.62 - 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,
					 grows or causes to be grown 500 or more peach trees or nectarine trees, or
					 both, of all ages, for the production of peaches or nectarines, or both, for
					 sale or marketing.
Department
-The Department of Agriculture
					 of the Commonwealth.
Peaches and nectarines
-All peaches and
					 nectarines (prunus persica) produced in this Commonwealth for the purpose of
					 sale by a producer as defined in this subchapter.
Person
-An individual, firm, partnership,
					 corporation, association or other business unit.
Program
-The Pennsylvania Peach and
					 Nectarine Research Program.
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 104.63 - Producer charge

Current through Register Vol. 54, No. 28, July 13, 2024
The producer charge owed the Program is $5 with respect to
					 each acre of peach trees or nectarine trees, or both, grown by an affected
					 producer. This producer charge 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 subsequent 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 producer charge, an affected producer is responsible to pay the revised
					 producer charge regardless of whether this amendment has been
					 completed.
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 104.64 - 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 §
										104.65 (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 F - WINE MARKETING AND RESEARCH PROGRAM › Section 104.71 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the procedures by which persons
					 who produce or sell wine under authority of a limited winery license issued
					 under authority of section 505.2 of the Liquor Code (47 P. S. §
											5-505.2) shall account for and pay producer
					 charges owed the Program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter F - WINE MARKETING AND RESEARCH PROGRAM › Section 104.72 - 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:
Board
-The persons appointed by the
					 Secretary from among those producers whose commodities are subject to the
					 marketing and research program set forth in this subchapter.
Department
-The Department of Agriculture
					 of the Commonwealth.
Limited winery
-The holder of a limited
					 winery license issued under authority of the Liquor Code (47 P. S. §
											§
											1-101-8-803).
Marketing season
-
(i) The initial marketing season for purposes
				  of this subchapter shall be from July 1, 2001, through December 31,
				  2001.
(ii) Thereafter, the
				  marketing season shall be the period beginning January 1 of any year and
				  extending through December 31 of the same year.
Person
-An individual, partnership, firm,
					 corporation, association or any other business unit.
Producer
-A person who produces or sells
					 wine under authority of a limited winery license during a particular marketing
					 season.
Program
-The Pennsylvania Wine Marketing
					 and Research Program.
Secretary
-The Secretary of the
					 Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter F - WINE MARKETING AND RESEARCH PROGRAM › Section 104.73 - Producer charges

Current through Register Vol. 54, No. 28, July 13, 2024
The producer charges owed the Program shall be 15¢ per
					 gallon of wine sold within a given marketing season, except in-State
					 winery-to-winery sales in bond. In-State winery-to-winery sales in bond are
					 exempt from charges. The 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 F - WINE MARKETING AND RESEARCH PROGRAM › Section 104.74 - Responsibility for payment of producer charge

Current through Register Vol. 54, No. 28, July 13, 2024
It is the responsibility of the producer to pay the
					 appropriate producer charge owed the Program within the time period set forth
					 in §
										104.75(b)
					 (relating to accounting and payment) and in the manner set forth in §
										104.75(a).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 104 - ENFORCEMENT OF MARKETING PROGRAMS › Subchapter F - WINE MARKETING AND RESEARCH PROGRAM › Section 104.75 - Accounting and payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual production statement.
The Program will provide a
				  producer with annual production statement forms with which to verify the
				  quantity of wine that it has produced within a particular marketing season. The
				  producer shall provide the following information on the annual production
				  statement and submit the form in accordance with this section.
(1) The name and address of the
				  producer.
(2) The number of gallons
				  of wine sold within the marketing season.
(3) 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 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.1 - Program objectives

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
Through the awarding of matching grants and the
				placing of conditions upon how grant moneys are to be spent, the Grant Program
				will fund projects to increase consumer awareness of Pennsylvania agricultural
				products and thereby increase sales of these agricultural products. Grants will
				be awarded to Pennsylvania nonprofit agricultural product promotion or
				marketing organizations.
(b)
Competitive program.
The Grant Program is competitive. Grant
				requests and related documentation shall be collected by the Bureau and
				reviewed by the Secretary, who will approve or reject each grant
				request.
(c)
Funds
				available basis.
Grants will not be awarded unless funds are available
				for this purpose. The Department need not expend all of the funds that are
				available for Pennsylvania agricultural product promotion through the Grant
				Program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.2 - 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:
Applicant
-A Pennsylvania nonprofit
				  agricultural product promotion and marketing organization which submits an
				  application for grant moneys as described in this chapter.
Bureau
-The Bureau of Market Development of
				  the Department.
Department
-The Department of Agriculture of
				  the Commonwealth.
Grant Program
-The Pennsylvania Agricultural
				  Product Promotion and Marketing Matching Grant Program.
Pennsylvania agricultural products
-Any of
				  the following agricultural commodities grown, processed or manufactured within
				  this Commonwealth: Agricultural, horticultural, aquacultural, viticulture and
				  dairy products, livestock and the products thereof, ranch raised fur-bearing
				  animals and the products thereof, the products of poultry and bee raising,
				  forestry and forestry products, and all products raised or produced on farms
				  intended for human consumption, and the processed or manufactured products
				  thereof intended for human consumption, transported or intended to be
				  transported in commerce.
Pennsylvania nonprofit agricultural product promotion
				  and marketing organization
-A nonprofit business organization having
				  its principal business offices within this Commonwealth, or having 50% or more
				  of its membership within this Commonwealth, or having 50% or more of the
				  agricultural products which it promotes or markets produced within this
				  Commonwealth, and having as its members groups, individuals or organizations
				  that serve to distribute a Pennsylvania agricultural product in commerce. These
				  members may include wholesalers, distributors, brokers, retailers, processors,
				  growers and producers.
Secretary
-The Secretary of the
				  Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.3 - Limitations on grants

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum amount of a matching grant is $1,000. As a
				  requisite to receiving a matching grant, an applicant shall obtain and provide
				  funds in an amount at least equal to the matching grant amount for the
				  Pennsylvania agricultural product promotion and marketing project described in
				  the grant application.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.4 - Uses of matching grant moneys

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conformity to application.
Matching grant moneys awarded to an
				applicant under this chapter shall be expended solely for the specific
				Pennsylvania agricultural product promotion and marketing project described in
				the grant application.
(b)
Allowable expenditures of grant moneys.
Grant moneys shall be
				used for one or more of the following purposes:
(1) To pay the cost of Pennsylvania
				agricultural product promotion and marketing projects described in the grant
				application.
(2) To pay the cost of
				a portion of a Pennsylvania nonprofit agricultural product promotion and
				marketing organization's contribution to a National or regional agricultural
				product promotion or marketing project.
(3) To pay the cost of education programs
				conducted by an applicant.
(4) To
				pay the cost of trade shows conducted or attended by an applicant.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.5 - Applications generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application required.
Interested Pennsylvania nonprofit
				agricultural product promotion and marketing organizations shall submit grant
				applications to the Department.
(b)
Obtaining an application.
Application for grants under this
				chapter shall be made on forms prepared by the Department. The forms will be
				furnished, upon request, by the Department of Agriculture, Bureau of Market
				Development, 2301 North Cameron Street, Harrisburg, Pennsylvania
				17110-9408.
(c)
Additional
				documentation.
The Secretary may require that an applicant submit
				additional documentation to complete or verify the application form. The
				additional documentation may include a letter, affidavit or other
				documentation:
(1) Verifying that an applicant
				is a Pennsylvania nonprofit agricultural product promotion and marketing
				organization.
(2) Verifying the
				activities and location of offices of an applicant.
(3) Confirming that the applicant for a
				matching grant has secured funds in an amount at least equal to the matching
				grant amount sought for the project.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.6 - Filing applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Place and time.
An application for a grant under this chapter
				shall be received at the address in §
									105.5(b) (relating
				to applications generally) by December 1, 1996. In subsequent years for which
				funding is available for this Grant Program, grant applications shall be
				received during a specific 30-day application period as advertised in the
Pennsylvania Bulletin
The advertisement will be published at
				least 14 days prior to the commencement of the application period.
(b)
Incomplete or inaccurate
				applications.
The Bureau will review each timely application, and
				supporting documentation submitted therewith, for completeness and accuracy. If
				a timely application is found to be incomplete or inaccurate, the Bureau may
				request additional documentation and may discontinue further processing of the
				application if the documentation is not received by the Bureau by December 1,
				1996, or in subsequent years for which funding is available for this Grant
				Program, within the 30-day application period in subsection (a).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.7 - Review of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Transmittal of application to Bureau.
When the Bureau receives
				a complete and accurate grant application, it will forward this application,
				together with supporting documentation submitted therewith, to the Secretary
				for review. The Bureau may also forward a recommendation as to whether the
				application should be approved or rejected, whether the grant should be in an
				amount less than requested, and whether special restrictions or limitations
				should be placed on the grant.
(b)
Factors.
The Secretary will review and evaluate the
				application and supporting documentation and may consider the following
				factors, among others, in deciding whether to approve or reject the grant
				request:
(1) The relevance of the project to
				the promotion or marketing of Pennsylvania agricultural products.
(2) The innovativeness of the project
				described in the application.
(3)
				The scope of the project and the number of people who will be exposed to or
				affected by the project described in the application.
(4) The impact which the project will have
				upon the promotion and sales of the Pennsylvania agricultural products to which
				the project is targeted.
(5) The
				availability of full funding for the project from the applicant or from any
				source other than the Grant Program.
(6) The apparent ability of the applicant to
				complete the project as described in the application or, in the case of a grant
				to fund a National or regional agricultural product promotion or marketing
				project, the apparent ability of the entity with primary responsibility for the
				project to complete it.
(7) The
				overall performance of the project if the project had received funding from the
				Grant Program in a previous fiscal year.
(8) Projects that are joint efforts between
				two or more Pennsylvania nonprofit agricultural product promotion and marketing
				organizations may be given preference over projects involving only one
				organization.
(9) Projects where
				reference to the Department as a source of funding can practicably be made in
				promotional materials or broadcasts, and that would make such a reference, may
				be given preference over projects that would not make such a
				reference.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.8 - Notice of disposition of application

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will mail to the applicant written notice of
				  the acceptance or rejection of a grant application within 20 days of a decision
				  in this regard. This notice will be by regular mail to the address indicated by
				  the applicant on the grant application form.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.9 - Grant agreement

Current through Register Vol. 54, No. 28, July 13, 2024
After the Secretary approves a grant application, and as a
				  precondition to the Department's release of grant moneys to a successful
				  applicant, the Department and the applicant will execute a written Grant
				  Agreement which describes the terms and conditions subject to which the grant
				  is made. This Grant Agreement shall contain and conform to the requirements of
				  this chapter. It shall contain a project completion date. It shall also contain
				  special terms and conditions required by the Secretary. A Grant Agreement shall
				  be fully-executed and in effect by June 30 of the July 1-June 30 fiscal year in
				  which funds are appropriated or otherwise available for this Grant Program. If
				  the Grant Agreement is not fully-executed and in effect by that date, the grant
				  will not be awarded.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.10 - Verification of use

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Verification.
Within 3 months of the project completion date
				specified in the Grant Agreement, the applicant shall submit to the Department
				written receipts for the total amount of the project costs. The Department may
				also require that additional documentation be submitted by the applicant in
				order to document the expenditure of grant moneys.
(b)
Extension of time.
The
				3-month period described in subsection (a) may only be extended by the written
				permission of the Secretary. An extension will be for a specific period of
				time.
(c)
Failure to verify
				use.
If required receipts or documentation, or both, are not submitted
				to the Department as described in subsections (a) and (b), or if the grant
				moneys or any portion thereof are unaccounted for, the Secretary may demand, in
				writing, the return by the grant recipient of the entire grant sum or a lesser
				amount, plus appropriate legal interest. The grant recipient shall repay a sum
				demanded by the Department within 60 days of a written demand.
This section cited in 7 Pa. Code §
											105.11 (relating to grant
					 cancellation).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.11 - Grant cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
A grant may be canceled by the Department if the Secretary
				  determines that grant funds are not being spent in accordance with the terms
				  and conditions of the Grant Agreement. In the event of cancellation, the
				  Department may demand the return of the grant sum, or a portion thereof, plus
				  legal interest thereon, and the grant recipient shall repay the sum in the
				  manner described in §
									105.10(c)
				  (relating to verification of use).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 105 - PENNSYLVANIA AGRICULTURAL PRODUCT PROMOTION MATCHING GRANT PROGRAM-STATEMENT OF POLICY › Section 105.12 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation or liability is limited
				  to the amount of the grant. The Department will not be financially responsible
				  for program cost overruns incurred by grant recipients.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.1 - Program objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The APDP is designed to stimulate the expansion and assist
					 in the retention of fish farms for the purpose of creating new businesses and
					 jobs and retaining existing business within this Commonwealth. The APDP
					 provides low-interest loan financing for a portion of the costs of land,
					 building, machinery and equipment, working capital and training to businesses
					 to enable them to fully finance these projects by leveraging equity, bank
					 financing, or other private and public sources. The APDP may be used in
					 conjunction with other State financing programs or with programs operated by
					 local and regional economic development providers.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.2 - 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:
AEEP
-The Aquaculture Education Enhancement
					 Program.
AEPP
-The Aquaculture Export Promotion
					 Program.
ALO-Area loan organization
-A local
					 development district, industrial development agency organized and existing
					 under the Pennsylvania Industrial Development Authority Act (73 P. S. §
											§
											301-314) or another not-for-profit
					 economic development organization approved by the Department to evaluate and
					 administer loans under this subchapter.
AMIP
-The Aquaculture Marketing Information
					 Program.
APDP
-The Aquaculture Production
					 Development Program.
APIP
-The Aquaculture Product
					 Identification Program.
APPP
-The Aquaculture Products Promotion
					 Program.
APRP
-The Aquaculture Producer Resource
					 Program.
Act
-The Aquaculture Development Law
					 (3
					 Pa.C.S. §
											§
											4201-4223).
Advisory Committee
-The Aquaculture
					 Advisory Committee.
DEP
-The Department of Environmental
					 Protection of the Commonwealth.
Department
-The Department of Agriculture
					 of the Commonwealth.
Generally acceptable pollution prevention and
					 environmental stewardship practices
-Those best management practices
					 (BMPs) for aquaculture categorized and explained in the
Pennsylvania
					 Aquaculture BMP Guide
as approved by the Advisory Committee.
In good standing
-Entities registered or
					 licensed in accordance with applicable State and Federal laws and current with
					 all debts owed to the Commonwealth and other government entities.
Local service provider
-An organization not
					 meeting the definition of an "ALO," but approved by the Department to evaluate
					 and administer loans under this subchapter. The term includes a commercial
					 lending institution.
Secretary
-The Secretary of the
					 Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.3 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Eligible applicants.
(1)
				  Borrowers shall be aquaculture enterprises whose project is located within this
				  Commonwealth.
(2) Each applicant
				  approved for participation shall comply with the criteria established by the
				  act and this chapter, including the general program requirements and all
				  licensing and governmental permitting requirements.
(3) Projects whose applicants, principals,
				  primary consultants or senior employees, or both, have criminal indictments or
				  convictions or have been directly associated with two or more aquaculture
				  ventures which have not been successful in the opinion of the Department, as
				  set forth in subsection (e)(4), may be deemed ineligible.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.4 - Ineligible activities

Current through Register Vol. 54, No. 28, July 13, 2024
Projects are not eligible if they relate to any of the
					 following activities:
(1) Refinancing
				  any portion of the total project cost, except for short-term "bridge" financing
				  when the bridge financing is being promptly replaced by the proceeds of the
				  loan and the bridge financing has been disclosed to the Department and the ALO
				  in connection with its review of the loan and approved by the ALO or local
				  service provider.
(2) Speculation
				  in any type of property, real or personal.
(3) Providing funds, directly or indirectly,
				  for payment, whether as loan repayment, dividend distribution, return of
				  capital, loans, or otherwise, to owners, partners or shareholders of the
				  aquaculture enterprise, except as ordinary compensation for services
				  rendered.
(4) Related party
				  transactions, that is, costs associated with a transaction when the buyer and
				  the seller are one and the same or are related to each other by blood, marriage
				  or law.
(5) Projects that have
				  commenced, or to which the borrower has committed, before receiving approval of
				  the APDP loan, unless the borrower has received non-prejudicial approval to
				  commence.
(6) Loans may not be made
				  for the purpose of investing in interest bearing accounts, certificates of
				  deposit or other investments not related to the objectives of the APDP
				  funds.
(7) Loans may not be used to
				  acquire an equity position in a private business.
(8) Loans may not be used to subsidize
				  interest payments on an existing loan.
(9) Loans may not be used to provide the
				  equity contribution required of borrowers under other State or Federal
				  programs.
(10) Loans may not be
				  used to enable the borrower to acquire an interest in a business, either
				  through purchase of stock or assets.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.5 - Program requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Loan size.
The maximum loan amount for land, buildings,
				  machinery and equipment is $750,000 or 50% of the total eligible project cost,
				  whichever is less. The maximum loan amount for working capital is $100,000 or
				  50% of the total eligible project cost whichever is less. The minimum loan
				  amount is $10,000.
(b)
Other required investment.
Loans will be made in conjunction
				  with another source of financing for the eligible costs incurred, such as
				  another lender or equity from the owners or investors. Matching lending sources
				  shall have either equivalent or longer terms than the APDP loan.
(c)
Loan security.
(1) Loans shall be secured at the highest
				  lien position available on one or more of the following assets:
(i) Land.
(ii) Buildings.
(iii) Machinery.
(iv) Equipment.
(v) Accounts receivable.
(vi) Inventory.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.6 - Application submission and approval procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will review each
				  application in the order it is received. Applications shall be submitted
				  through an ALO or local service provider. The applicant is responsible for
				  updating the application if changes occur during the review. Failure to do so
				  may result in the application being declared ineligible or, if approved, the
				  loan approval may be withdrawn.
(b)
				  The Department will formally notify the ALO or local service provider of its
				  decision to approve or reject a loan application within 30 business days of
				  receipt of the completed loan application from the ALO or local service
				  provider.
(c) Approved projects
				  will receive a loan approval memorandum. The ALO or local service provider
				  shall sign and return the loan approval memorandum within 30 days. Once
				  accepted by the ALO or local service provider, the loan approval memorandum is
				  valid for 90 days.
(d) Before the
				  Department will authorize disbursement of loan funds, the ALO or local service
				  provider shall confirm:
(1) All other sources
				  of funding will be in place at the time of closing.
(2) The use of the funds remains as presented
				  in the project application.
(3)
				  There are no material changes to collateral or other terms and conditions of
				  the loan as previously approved by the Department.
(4) The loan will close into an escrow
				  account.
(5) The conditions of the
				  ALO or local service provider's commitment letter with the applicant have been
				  satisfied.
(6) The Federal Employee
				  Identification Number (FEIN) and Social Security numbers of the applicant,
				  occupant and all guarantors.
(7)
				  The principals are residents of this Commonwealth.
(8) The project will have expected sales of
				  $1,000 or more per year.
(9) The
				  APDP applicant has applied to be registered as an artificial
				  propagator.
(10) The total number
				  of jobs created or preserved by the proposed project.
(11) The number of jobs to be created or
				  retained per APDP dollar invested.
(12) The dollar amount of private investment
				  to be leveraged as a result of the APDP investment.
(13) The strategic importance to the
				  Commonwealth of the business and the borrower being assisted or the area being
				  served, or both.
(14) The
				  collateral position of the Department will not be less than a second lien on
				  the assets being funded unless specifically approved in writing by the
				  Department. The approval shall only be considered when the appraisal of assets
				  shows sufficient value to cover all liens of the Department if the assets were
				  to be sold at a bankruptcy sale.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.7 - Application evaluation criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Evaluation.
The ALO or
				  local service provider will evaluate an application based on the ALO or local
				  service provider's standard loan eligibility criteria as well as the factors in
				  the act, this subchapter and the APDP application
(b)
Applicant eligibility.
The Department will review applications to determine applicant eligibility
				  according to the criteria in this subchapter. Only eligible applicants will be
				  considered for participation in the APDP.
(c)
Application
				  completeness.
The Department will not consider an application for an
				  APDP loan unless it contains the required information and items in this
				  subchapter.
(d)
Release and
				  hold harmless.
Eligible participants will release and hold harmless
				  the Commonwealth and the Department and their agents and officers from any
				  liabilities for any losses as a result of participation in the APDP. Each
				  application shall contain a release and hold harmless statement which the
				  applicants agree to when they sign the application. Unsigned applications will
				  be considered incomplete.
This section cited in 7 Pa. Code §
												106.5 (relating to program
						requirements).
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.8 - Processing of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval or denial.
The Department may approve, approve with
				  special conditions or reject applications. The Department will issue approvals
				  in accordance with the general considerations and criteria of the act and this
				  subchapter.
(b)
Processing.
An application for participation in the APDP will
				  be processed in the following manner:
(1)
Dating.
The applications will have the initial date of the
				  postmark or initial date of receipt, whichever is earlier, noted on the
				  application by Department staff. If the application is determined to be
				  incomplete, the effective date of the application is the date on which all
				  additional information is received and the application is determined by the
				  Department to be complete. This date will be noted on the
				  application.
(2)
Completeness and accuracy.
Upon receipt of an APDP application
				  and the required supporting documentation, the Department will review the
				  information for completeness and accuracy.
(3)
Eligibility.
Upon
				  receipt of an APDP application and the required supporting documentation, the
				  Department will review the information to verify applicant
				  eligibility.
(4)
Applications from ineligible applicants.
An application from
				  an ineligible applicant will be returned to the applicant through the ALO or
				  local service provider with a written explanation of why the applicant is
				  considered ineligible.
(5)
Incomplete or inaccurate application from eligible applicants.
If the Department determines an application from an eligible applicant is
				  incomplete or inaccurate, final processing of the application may be
				  discontinued or additional data may be requested. If additional data is
				  requested, the request shall be in writing and will be sent to the applicant
				  through the ALO or local service provider. The processing of the application
				  will cease until the ALO or local service provider supplies the requested data.
				  The Department may terminate the processing of an incomplete application when
				  the additional data is not supplied within 10 business days of the request for
				  the data. When the processing of the application is terminated, the Department
				  will notify the applicant in writing, stating the reason for the termination,
				  and refund the participation fee.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.9 - Cancellation/default

Current through Register Vol. 54, No. 28, July 13, 2024
The Department, upon a determination that the recipient has
					 violated the act, this subchapter or the participation agreement, may cancel an
					 APDP loan approval. An APDP loan recipient will be considered to be in default
					 if the recipient moves the funded business to a site not within this
					 Commonwealth. Upon cancellation, the Department will seek recovery of all APDP
					 loan funds.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.10 - 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 moneys not expended in accordance with the act, this
					 subchapter, or the loan agreement and any interest.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.11 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation or liability is
					 limited to the amount approved in the terms of a loan. The Department is not
					 responsible for cost overruns or other expenses incurred by loan
					 recipients.
Pennsylvania Code › Title 7 - AGRICULTURE › Part IV - Bureau of Market Development › Chapter 106 - AQUACULTURE DEVELOPMENT PLAN › Subchapter A - AQUACULTURE PRODUCTION DEVELOPMENT PROGRAM › Section 106.12 - Contact information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Program inquiries and applications shall be directed to:
Aquaculture Production Development Program Bureau of Market
					 Development Department of Agriculture 2301 North Cameron Street Harrisburg,
					 Pennsylvania 17110 Telephone Number: (717) 783-8462 Facsimile Number: (717)
					 787-5643 E-mail address: agmarkets@state.pa.us Website:
www.pda.state.pa.us
(b) The Department may require an applicant
				  to submit additional documentation as may be necessary to complete, verify or
				  clarify the application.