PRINTER'S NO.  1068

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

993

Session of

2011

  

  

INTRODUCED BY BRUBAKER, ARGALL, FONTANA, MENSCH, ALLOWAY, PIPPY, KITCHEN, STACK, BOSCOLA, TOMLINSON, McILHINNEY, FOLMER, YAW, LEACH AND GREENLEAF, APRIL 21, 2011

  

  

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 21, 2011  

  

  

  

AN ACT

  

1

Amending the act of April 28, 1937 (P.L.417, No.105), entitled,

2

as amended, "An act relating to milk and the products

3

thereof; creating a Milk Marketing Board; establishing its

4

jurisdiction, powers and duties; regulating the production,

5

transportation, manufacturing, processing, storage,

6

distribution, delivery and sale of milk and certain products

7

thereof; providing for the licensing of milk dealers and the

8

payment of fees therefor; requiring milk dealers to file

9

bonds to secure payment for milk to producers and certain

10

milk dealers; authorizing the holding of hearings and the

11

issuance of subpoenas by the board; conferring jurisdiction

12

upon courts to punish contempts and to prohibit violations of

13

this act and of rules, regulations and orders of the board;

14

authorizing the board to adopt rules, regulations and orders,

15

and to enter into interstate and Federal compacts; requiring

16

persons who weigh, measure, sample or test milk to procure

17

permits or certificates, to take examinations, to pay fees

18

therefor, to furnish certain notices, records and statements,

19

and to use certain methods of weighing, measuring, sampling

20

and testing; authorizing the board to examine the business,

21

papers and premises of milk dealers and producers, requiring

22

the keeping of records and the filing of reports by milk

23

dealers, and permitting, with limitations, the use of

24

information obtained thereby; authorizing the board to fix

25

prices for milk and certain milk products subject to the

26

approval of the Governor, and conferring certain powers upon

27

the Governor with respect thereto; providing for appeals to

28

the courts from decisions of the board, and for the burden of

29

proof upon such appeals; prescribing penalties, fines and

30

imprisonment for violations of this act and rules,

31

regulations and orders of the board; defining perjury;

32

defining remedies; repealing legislation supplied and

33

superseded by this act, and saving rights, duties and

 


1

proceedings thereunder; and making appropriations," renaming

2

the administration agency; further providing for definitions,

3

for appointment and terms of members and quorum and for the

4

Bureau of Consumer Affairs; providing for milk distributors;

5

further providing for records, for reports, for requisites of

6

orders fixing price of milk and for prices to producers;

7

providing for title to milk; further providing for price

8

increases, for expenses and for payment; establishing the

9

Producer Settlement Fund; and repealing provisions relating

10

to the Joint Study Committee.

11

The General Assembly of the Commonwealth of Pennsylvania

12

hereby enacts as follows:

13

Section 1.  The title of the act of April 28, 1937 (P.L.417,

14

No.105), known as the Milk Marketing Law, amended July 31, 1968,

15

P.L.963, No.294), is amended to read:

16

AN ACT

17

Relating to milk and the products thereof; creating a Milk

18

[Marketing] Board; establishing its jurisdiction, powers and

19

duties; regulating the production, transportation,

20

manufacturing, processing, storage, distribution, delivery

21

and sale of milk and certain products thereof; providing for

22

the licensing of milk dealers and the payment of fees

23

therefor; requiring milk dealers to file bonds to secure

24

payment for milk to producers and certain milk dealers;

25

authorizing the holding of hearings and the issuance of

26

subpoenas by the board; conferring jurisdiction upon courts

27

to punish contempts and to prohibit violations of this act

28

and of rules, regulations and orders of the board;

29

authorizing the board to adopt rules, regulations and orders,

30

and to enter into interstate and Federal compacts; requiring

31

persons who weigh, measure, sample or test milk to procure

32

permits or certificates, to take examinations, to pay fees

33

therefor, to furnish certain notices, records and statements,

34

and to use certain methods of weighing, measuring, sampling

35

and testing; authorizing the board to examine the business,

- 2 -

 


1

papers and premises of milk dealers and producers, requiring

2

the keeping of records and the filing of reports by milk

3

dealers, and permitting, with limitations, the use of

4

information obtained thereby; authorizing the board to fix

5

prices for milk and certain milk products subject to the

6

approval of the Governor, and conferring certain powers upon

7

the Governor with respect thereto; providing for appeals to

8

the courts from decisions of the board, and for the burden of

9

proof upon such appeals; prescribing penalties, fines and

10

imprisonment for violations of this act and rules,

11

regulations and orders of the board; defining perjury;

12

defining remedies; repealing legislation supplied and

13

superseded by this act, and saving rights, duties and

14

proceedings thereunder; and making appropriations.

15

Section 2.  The definitions of "board," "milk components" and

16

"store" in section 103 of the act, amended December 21, 1984

17

(P.L.1278, No.243), are amended and the section is amended by

18

adding definitions to read:

19

Section 103.  Definitions; Construction.--The following terms

20

shall be construed in this act to have the following meanings,

21

except in those instances where the context clearly indicates

22

otherwise:

23

* * *

24

"Board" means the State agency created by this act, to be

25

known as the "Milk [Marketing] Board."

26

* * *

27

"Distributor" means a milk distributor.

28

* * *

29

"Milk components" means the components of milk, including

30

butterfat and any other components, for which the prices of

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1

handlers, producers or both are established by marketing

2

agreements or orders issued under the Agricultural Marketing

3

Agreement Act of 1937 (7 U.S.C. 601, et seq.) and which the Milk

4

[Marketing] Board determines by regulation are applicable to the

5

marketing areas established under this act.

6

* * *

7

"Milk distributer" means a person that purchases or receives

8

for resale milk from sources outside this Commonwealth and

9

handles the milk within this Commonwealth for further sale in

10

the same containers as those in which it was purchased.

11

* * *

12

"Qualified producer" means any of the following:

13

(1)  A producer in this Commonwealth whose milk is purchased

14

or processed as fluid or manufactured products.

15

(2)  An out-of-State producer whose milk is:

16

(i)  delivered to a plant in this Commonwealth to be

17

processed as a Class I product; or

18

(ii)  sold at wholesale or retail in a transaction which is

19

subject to minimum pricing under this act.

20

The term does not include a producer selling milk that is exempt

21

under section 402 or a cooperative.

22

"Store" includes a grocery store, hotel, restaurant, soda

23

fountain, dairy products store, vending machine or any similar

24

mercantile establishment which sells [or distributes] milk.

25

* * *

26

Section 3.  Sections 201 and 204 of the act, amended December

27

21, 1984 (P.L.1278, No.243), are amended to read:

28

Section 201.  Appointment and Terms of Members; Quorum.--

29

There is hereby created an independent administrative board to

30

be known as the Milk [Marketing] Board. The board shall consist

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1

of [three] five members nominated and appointed by the Governor,

2

by and with the advice and consent of [two-thirds] a majority of

3

all the members of the Senate, for terms of [six (6)] four (4) 

4

years each and for not more than two terms[, and until their

5

successors shall have been appointed and qualified; except that

6

the terms of the members first taking office shall expire May

7

first, one thousand nine hundred thirty-nine, May first, one

8

thousand nine hundred forty-one, and May first, one thousand

9

nine hundred forty-three, respectively, as designated by the

10

Governor at the time of appointment and until their successors

11

shall have been appointed and qualified]. Of the members

12

appointed [after the effective date of this amending act], [one]

13

three shall be appointed to represent consumer interests and

14

[shall have the responsibility under the direction of the board

15

for directing the executive secretary to coordinate and

16

supervise the Bureau of Consumer Affairs.] must be from

17

different geographic regions of this Commonwealth. The consumer

18

members must have no affiliation with the dairy industry at any

19

level. Two members must be active or retired dairy farmers and

20

must be from different geographic regions of this Commonwealth.

21

The board member whose term ends in 2011 shall be replaced by a

22

consumer member. The board members serving as of July 1, 2011,

23

whose terms end in 2013 and 2015 shall be replaced by dairy

24

farmer members. One consumer member's term shall run until May

25

1, 2012; and the term of the other consumer member shall run

26

until May 1, 2014.

27

The Governor shall designate one of the dairy farmer members

28

of the board as chairman. The chairman shall, when present,

29

preside at all meetings and price hearings, and in his absence a

30

member designated by the chairman shall preside. When presiding

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1

at a price hearing, the chairman or acting chairman shall have

2

the status of agency head for the purpose of conducting the

3

hearing.

4

[Two] Three members of the board shall constitute a quorum,

5

and any action or order of the board shall require the approval

6

of at least [two] three members.

7

The board shall consult with the Dean of the College of

8

Agricultural Sciences at The Pennsylvania State University at

9

all hearings and shall consider the recommendations made, which

10

shall be part of the public record. The Attorney General shall

11

serve as an advisor to the board.

12

The Governor may remove any board member for inefficiency,

13

neglect of duty, loss of qualification as provided in section

14

202 or misconduct in office: Provided, That he is given a copy

15

of the charges against him and an opportunity to be publicly

16

heard in person or by counsel in his own defense upon not less

17

than ten days' notice, and that the Governor file with the

18

Department of State a complete statement of all charges made

19

against such board member, together with a complete record of

20

the proceedings and his findings thereon.

21

[Section 204.  Bureau of Consumer Affairs.--There shall be

22

established under the direction of the board a Bureau of

23

Consumer Affairs which shall be supervised by the secretary

24

under the direction of the consumer member by and with the

25

consent of a majority of the board. The purpose of this bureau

26

shall be to consult with representatives of consumer groups, to

27

disseminate information relative to activities of the board, to

28

act as a liaison to other Federal, State and local agencies

29

involved in the dairy industry and in milk marketing, to supply

30

pertinent data to news media and other interested parties and to

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1

make any recommendations found necessary as a result of such

2

consultations with consumer groups and other bureau activities

3

as directed by the secretary, consumer member and board.

4

The office and personnel of the bureau shall be located in a

5

place designated by a majority of the members of the board.]

6

Section 4.  The act is amended by adding an article to read:

7

ARTICLE IV-A

8

MILK DISTRIBUTORS

9

Section 401-A.  Milk distributors required to be licensed.

10

(a)  Requirement.--A person may not operate as a milk

11

distributor in this Commonwealth unless the person holds a milk

12

distributor's license issued by the board.

13

(b)  Original.--A license application must be completed and

14

filed by the milk distributor:

15

(1)  within 30 days after the effective date of this

16

section; or

17

(2)  prior to his engaging in business.

18

(c)  Renewal.--A license must be renewed annually before July

19

1. The renewal application must be filed by June 15.

20

(d)  Form.--The board shall prescribe forms for applications

21

under subsections (b) and (c).

22

Section 402-A.  Refusal, suspension or revocation of license.

23

(a)  Scope.--This section applies if the board makes a

24

determination, after a hearing as set forth in section 405, that

25

an applicant or a licensee has not complied with this act or a

26

regulation and order under this act.

27

(b)  Authority.--If subsection (a) applies, the board may:

28

(1)  Decline to grant a license to an applicant.

29

(2)  Decline to renew a license of a licensee.

30

(3)  Suspend or revoke a license.

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1

Section 5.  Section 701 of the act, amended December 21, 1984

2

(P.L.1278, No.243), is amended to read:

3

Section 701.  Records.--Milk dealers and distributors subject

4

to license by the board shall keep within the Commonwealth the

5

following records:

6

(1)  A record of the quantity of all milk received or

7

produced, detailed as to location and as to names and addresses

8

of producers or milk dealers or distributors from whom received,

9

with butterfat or appropriate milk component tests, weights;

10

prices paid, and deductions or charges made.

11

(2)  A record of the quantity of all milk sold, detailed as

12

to grade, use, location, market outlet, and size and type of

13

container, with prices and amounts received therefor, and the

14

butterfat or appropriate milk component tests thereof.

15

(3)  A record of the quantities of all milk transported,

16

shipped, or hauled, including the distances and the amounts paid

17

for the movement of such milk, in all cases where the dealer

18

pays on his own account or on the account of producers for the

19

movement thereof.

20

(4)  A record of the quantity of each milk product

21

manufactured, the quantity of milk used in the manufacture of

22

each product, and the quantity and value of milk products sold.

23

(4.1)  The price or cost of containers used, by size and

24

type.

25

(5)  A record of wastage or loss of milk or butterfat.

26

(6)  A record of the spread or handling expense and profit or

27

loss, represented by the difference between the price paid and

28

the price received for all milk and milk products.

29

(7)  A record of all other transactions affecting the assets,

30

liabilities, or net worth of the dealer or distributor.

- 8 -

 


1

(8)  Such other records and information as the board may deem

2

necessary for the proper enforcement of this act.

3

The records herein required shall be kept in the possession

4

of the milk dealer for a period not less than two years, unless

5

the board otherwise provides.

6

Section 6.  Section 702 of the act, amended July 31, 1968

7

(P.L.963, No.294), is amended to read:

8

Section 702.  Reports.--Each milk dealer and distributor 

9

shall, from time to time, as required by rule, regulation or

10

order of the board, make and file a verified report, on forms

11

prescribed by the board, of all matters on account of which a

12

record is required to be kept, together with such other

13

information or facts as may be pertinent and material within the

14

scope of the purposes and intent of this act. Such report shall

15

cover a period specified in the order, and shall be filed within

16

a time fixed by the board.

17

Section 7.  Sections 801 and 803 of the act, amended December

18

21, 1984 (P.L.1278, No.243), are amended to read:

19

Section 801.  Requisites of Orders Fixing Price of Milk.--The

20

board shall ascertain, after a hearing in which all interested

21

persons shall be given reasonable opportunity to be heard, the

22

logical and reasonable milk marketing areas within the

23

Commonwealth, shall describe the territorial extent thereof,

24

shall designate such areas by name or number, and shall

25

ascertain and maintain such prices paid to producers, to dealers

26

and to stores for milk in the respective milk marketing areas as

27

will be most beneficial to the public interest, best protect the

28

milk industry of the Commonwealth and insure a sufficient

29

quantity of pure and wholesome milk to inhabitants of the

30

Commonwealth, having special regard to the health and welfare of

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1

children residing therein.

2

The board shall base all prices upon all conditions affecting

3

the milk industry in each milk marketing area, in one or more

4

milk marketing areas or in this Commonwealth as a whole, as it

5

deems appropriate, including the amount necessary to yield a

6

reasonable return to the producer, which return shall [not be

7

less than the cost of production and a reasonable profit to the

8

producer] be determined on the basis of the cost of feed for

9

dairy cattle plus a margin as determined by the board, which

10

shall not be less than eight dollars per hundredweight over the

11

cost of feed, of the quantity of milk necessary to supply the

12

consumer demand for fluid milk plus a reasonable reserve supply

13

as determined by the board, and a reasonable return on aggregate

14

milk sales by milk dealers or handlers and stores selling milk.

15

A reasonable return shall mean not less than a two and one-half

16

percent (2 1/2%) nor more than a three and one-half percent (3

17

1/2%) rate of return based on net sales of price-controlled

18

products determined in accordance with generally accepted

19

accounting principles. However, where the board determines that

20

the market for Pennsylvania produced milk is threatened it may

21

establish [producer] prices to producers, dealers or handlers

22

and stores selling milk designed to market the milk. Such

23

prices, if less than the reasonable return guaranteed under this

24

section, shall be established so as to affect equitably

25

producers, dealers or handlers and stores selling milk. In

26

ascertaining such returns, the board shall utilize available information concerning producers' [cost of production] income

27

-over-feed ratio and a cross-section representative of

28

producers, dealers and stores in the area and shall consider

29

unit costs of various types of products and of various sizes of

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1

containers.

2

The board shall file at its office, with each order issued, a

3

general statement in writing of the findings of fact in support

4

of, and the reasons for such order.

5

The board may, upon its own motion or upon application in

6

writing, from time to time, alter, revise or amend an official

7

order defining milk marketing areas or fixing prices to be

8

charged or paid for milk. Before making, revising or amending

9

any order defining milk marketing areas or fixing prices to be

10

charged or paid for milk, the board shall hold a hearing, after

11

giving reasonable opportunity to be heard to interested persons,

12

of whom the board has notice, and, in the case of any order

13

affecting the public, after giving reasonable notice thereof to

14

the public in such newspaper or newspapers as, in the judgment

15

of the board, shall afford sufficient notice and publicity:

16

Provided, however, That after such hearing, there shall be a

17

further hearing or conference before the board on any proposed

18

order, and notice of such further hearing or conference shall be

19

given to the parties represented and heard at the previous

20

hearing. Upon application in writing from a person aggrieved by

21

an order of the board hereunder, filed within fifteen (15) days

22

after the issuance of the order complained of, or upon its own

23

motion, the board may, within twenty (20) days after the

24

effective date of such order, issue an order revising or

25

amending such order without a further hearing, if such revision

26

or amendment is based on the record of the hearing held prior to

27

the issuance of such order.

28

"Interested persons," as used in this section, means all

29

persons who may be affected by an order of the board fixing

30

prices, and who have signified to the board in writing their

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1

desire to be notified of such hearings concerning a particular

2

milk market area or areas within the Commonwealth. "Reasonable

3

opportunity to be heard" may be afforded by written notice

4

addressed to the last known address of an interested party by

5

mail, postage prepaid, by deposit in a United States post office

6

or any receptacle thereof. Nothing contained in this section

7

shall be construed to limit or modify the provisions of section

8

three hundred eight of this act relating to the posting and

9

publicizing of orders of the board, including orders made under

10

this article and the force and effect thereof.

11

At any hearing provided for herein the testimony of an expert

12

statistician present at the hearing and any printed,

13

typewritten, duplicated, mimeographed or other written treatise,

14

report or statistical data by an expert not present as a

15

witness, if and to the extent it is endorsed as reliable to an

16

expert witness present at the hearing, shall be competent

17

evidence on any subject material to fixing any price under this

18

article. However, the testimony, treatise, report or data must

19

result from a study of facts and conditions in the milk

20

marketing area which is the subject of the hearing.

21

All provisions of all price-fixing orders of the board shall

22

be presumed to be valid, and the burden of proving any

23

invalidity of any provisions thereof shall be upon the person

24

asserting the same. Any determination by the board, or a court

25

to which an appeal has been taken, that the wholesale or retail

26

prices provided are invalid shall not prevent the enforcement of

27

prices to producers, but any determination that prices to

28

producers are unreasonable shall require the redetermination by

29

the board of wholesale and retail prices as well as prices to

30

producers.

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1

Whenever an order of the board fixing prices is remitted to

2

the board with directions to reform the findings or order in

3

accordance with the opinion of the court, and no further appeal

4

is taken by the board, the board shall make such reformation

5

within thirty days from the entry of the order of the court

6

remitting the price-fixing order to the board.

7

Section 803.  Prices to Producers.--(a)  The board shall fix,

8

by official order, the minimum prices or a formula for the

9

setting of minimum prices to be paid by milk dealers or handlers

10

to producers for milk or milk components sold or delivered or

11

made available on consignment or otherwise by producers to

12

dealers or handlers: Provided, however, That the fixing of

13

prices to be paid by milk dealers or handlers to producers for

14

milk or milk components to be used solely in manufacturing shall

15

be discretionary with the board.

16

(b)  The price for Class I milk in a milk marketing area in

17

this Commonwealth shall reflect the highest Federal location

18

differential for a county in the area where a Class I plant is

19

located. Producers shall be paid on a sales point pricing basis.

20

For Class I milk, the price shall be the higher of the board-

21

mandated price or the Federal price.

22

(c)  A producer premium established by the board in excess of

23

the prices established under subsection (b) shall be paid by

24

milk dealers or handlers or milk distributors into the Producer

25

Settlement Fund.

26

(d)  Prices to producers fixed by the board under this

27

section in excess of the Federal order price shall be paid by

28

milk dealers or handlers or milk distributors into the Producer

29

Settlement Fund.

30

Section 8.  The act is amended by adding a section to read:

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1

Section 803.1.  Title to Milk.--(a)  The scope of this

2

section is as follows:

3

(1)  This section shall apply only to the administration of

4

this act.

5

(2)  This section shall not supersede an order of a Federal

6

administrative agency or of the board which requires the cost of

7

shipment of milk to be free on board the place of destination

8

and is not intended to mandate changes in existing customs and

9

practices with respect to allocation of the costs and risks of

10

delivering milk from the farm to plant of first receipt.

11

(b)  Notwithstanding 13 Pa.C.S. § 2401(2)(ii) (relating to

12

passing of title; reservation for security; limited application

13

of section), title to milk shall be transferred from the

14

producer to the milk dealer at the point of shipment of the

15

milk.

16

Section 9.  Section 805 of the act, amended July 31, 1968

17

(P.L.963, No.294), is amended to read:

18

Section 805.  Price Increases.--It is hereby declared to be

19

the legislative intent that the benefits of any increase of

20

prices received by milk dealers, by virtue of the minimum price

21

provisions of this article, shall be given to producers[, except

22

in any case where the board deems a deviation from this policy

23

necessary in order lawfully to maintain proper milk markets and

24

outlets for producers and consumers]. The board shall, whenever

25

it deems such action necessary, issue orders, rules or

26

regulations to effectuate this intent.

27

Section 10.  Sections 1102 and 1104 of the act, amended

28

December 20, 1991 (P.L.404, No.48), are amended to read:

29

Section 1102.  Expenses.--(a)  As much of the money in the

30

Milk Marketing Fund as may be necessary shall be annually

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1

appropriated to the [Milk Marketing Board] board to be used to

2

pay its expenses, including the following:

3

(1)  Salaries of the board and of its employes.

4

(2)  Rental and other expenses for offices, rooms, garage

5

space and other accommodations outside of the Capitol Buildings,

6

either in or outside of the capital city, occupied by the board.

7

(3)  Premiums for workmen's compensation insurance covering

8

the officers and employes of the board.

9

(4)  Premiums for surety bonds for such officers or employes

10

of the board as may be required by law to furnish such bonds.

11

(5)  Purchase and operating costs of motor vehicles required

12

by the board for full-time use, including premiums for liability

13

insurance covering such motor vehicles and the members of the

14

board and employes operating them; also the amount payable to

15

the Department of General Services for the use of automobiles

16

supplied by it for temporary use by the board.

17

(6)  Furniture, stationery, materials, supplies and all other

18

overhead expenses of the board.

19

(7)  All other expenses of every kind and description

20

necessary for the performance by the board of its work.

21

(b)  All such purchases and leases shall be made, and all

22

such contracts of insurance and surety bonds shall be placed,

23

through the Department of General Services as agent.

24

(c)  Before November 1 of each year, the [Milk Marketing

25

Board] board shall estimate its total expenses for the fiscal

26

year beginning July 1 of the following year. This estimate shall

27

be submitted to the Governor in accordance with section 610 of

28

the act of April 9, 1929 (P.L.177, No.175), known as "The

29

Administrative Code of 1929." At the same time the board submits

30

its estimate to the Governor, the board shall also submit that

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1

estimate to the General Assembly through the President pro

2

tempore of the Senate and the Speaker of the House of

3

Representatives. The board, or its designated representatives,

4

shall be afforded an opportunity to appear before the Governor

5

regarding its estimate.

6

Section 1104. Payment.--[Moneys] Money in the Milk Marketing

7

Fund appropriated to the [Milk Marketing Board] board shall be

8

paid out upon warrant of the State Treasurer drawn after

9

requisition by the secretary of the [Milk Marketing Board]

10

board.

11

Section 11.  The act is amended by adding a section to read:

12

Section 1104.1.  Producer Settlement Fund.--The Producer

13

Settlement Fund is established in the State Treasury as a

14

restricted account. The fund shall consist of money deposited

15

under section 803(d) as prescribed by the board. All money in

16

the fund and the interest accruing thereon are hereby

17

appropriated to the Milk Board on a continuing basis to carry

18

out the provisions of this section. The board may use up to the

19

lesser of two percent (2%) or two hundred thousand dollars

20

($200,000) of the fund for administration. Money in the fund

21

shall be distributed at least quarterly by the board on a pro

22

rata basis to qualified producers based on the volume of milk

23

produced and shipped by each qualified producer.

24

Section 12.  Section 1204 of the act, added December 21, 1984

25

(P.L.1278, No.243), is repealed:

26

[Section 1204.  Joint Study Committee.--There is hereby

27

created a Joint Study Committee which shall study the

28

implementation and effect of resale pricing under this act. The

29

committee shall be in existence until its report hereunder is

30

delivered to the General Assembly not later than December 31,

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1

1985. The committee shall consist of the following members:

2

(1)  Four producers, one each appointed by the majority

3

leader and minority leader of each house.

4

(2)  Four consumers, one each appointed by the majority and

5

minority leaders of each house.

6

(3)  Four dealers, one each appointed by the majority and

7

minority leaders of each house.

8

(4)  The chairman and the minority chairman of the

9

Agriculture and Rural Affairs Committees of each house, or their

10

designee.

11

(5)  One at-large member appointed by the Secretary of

12

Agriculture.

13

At the first meeting of the committee which will be called by

14

the chairman of the Senate Agriculture and Rural Affairs

15

Committee, the committee shall elect a chairman who, with the

16

concurrence of a majority of the members of the committee, shall

17

determine a schedule of meetings for the conduct of committee

18

business. The chairman thus elected, or another member of the

19

committee as appointed by the chairman, shall preside at all

20

meetings of the committee.

21

There is also hereby created an advisory committee to provide

22

assistance and support for the Joint Study Committee and which

23

shall consist of:

24

(1)  The chairman of the Pennsylvania Milk Marketing Board

25

and his staff.

26

(2)  The Dean of the Pennsylvania State University College of

27

Agriculture and his staff.

28

(3)  The Dean of the Wharton School of Business

29

Administration of the University of Pennsylvania and his staff.

30

The purpose of the committee shall be to study and report

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1

upon the implementation and effect of the resale milk pricing

2

provisions of this act. The committee shall submit its final

3

report to the Agriculture and Rural Affairs Committee of each

4

house not later than December 1, 1985.]

5

Section 13.  The amendment of section 201 of the act shall

6

apply to individuals serving on the Milk Marketing Board on the

7

effective date of this section as follows:

8

(1)  The individual shall serve to the end of the current

9

term.

10

(2)  At the completion of the current term, the

11

individual is eligible for reappointment under section 201 of

12

the act.

13

(3)  Eligibility for appointment is not affected by:

14

(i)  service prior to the effective date of this

15

section; or

16

(ii)  service under paragraph (1).

17

Section 14.  This act shall take effect in 60 days.

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