PRINTER'S NO. 1667
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1265
Session of
2015
INTRODUCED BY LAWRENCE, CUTLER, BARRAR, COHEN, COX, DIAMOND,
DRISCOLL, DUSH, FEE, HICKERNELL, KAVULICH, LEWIS, LONGIETTI,
MILLARD, PICKETT, STAATS, THOMAS AND YOUNGBLOOD, JUNE 1, 2015
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JUNE 1, 2015
AN ACT
Amending the act of April 28, 1937 (P.L.417, No.105), entitled,
as amended, "An act relating to milk and the products
thereof; creating a Milk Marketing Board; establishing its
jurisdiction, powers and duties; regulating the production,
transportation, manufacturing, processing, storage,
distribution, delivery and sale of milk and certain products
thereof; providing for the licensing of milk dealers and the
payment of fees therefor; requiring milk dealers to file
bonds to secure payment for milk to producers and certain
milk dealers; authorizing the holding of hearings and the
issuance of subpoenas by the board; conferring jurisdiction
upon courts to punish contempts and to prohibit violations of
this act and of rules, regulations and orders of the board;
authorizing the board to adopt rules, regulations and orders,
and to enter into interstate and Federal compacts; requiring
persons who weigh, measure, sample or test milk to procure
permits or certificates, to take examinations, to pay fees
therefor, to furnish certain notices, records and statements,
and to use certain methods of weighing, measuring, sampling
and testing; authorizing the board to examine the business,
papers and premises of milk dealers and producers, requiring
the keeping of records and the filing of reports by milk
dealers, and permitting, with limitations, the use of
information obtained thereby; authorizing the board to fix
prices for milk and certain milk products subject to the
approval of the Governor, and conferring certain powers upon
the Governor with respect thereto; providing for appeals to
the courts from decisions of the board, and for the burden of
proof upon such appeals; prescribing penalties, fines and
imprisonment for violations of this act and rules,
regulations and orders of the board; defining perjury;
defining remedies; repealing legislation supplied and
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superseded by this act, and saving rights, duties and
proceedings thereunder; and making appropriations," in
preliminary provisions, further providing for definitions;
and, in milk pricing, further providing for terms and method
of payment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of April 28, 1937
(P.L.417, No.105), known as the Milk Marketing Law, is amended
by adding definitions to read:
Section 103. Definitions; Construction.--The following terms
shall be construed in this act to have the following meanings,
except in those instances where the context clearly indicates
otherwise:
* * *
"Dairy farmer" means an individual or an entity that owns or
controls dairy cows and that is actively and directly involved
in milking some or all of those cows for the production of raw
milk in this Commonwealth.
* * *
"State-mandated premium" shall mean any specific component of
the minimum wholesale or retail price established by the board
and collected with the intention of being paid to each producer
for any class of milk as determined by the board.
* * *
Section 2. Section 806 of the act, amended July 31, 1968
(P.L.963, No.294), is amended to read:
Section 806. Terms and Method of Payment.--(a) The board
may likewise fix, by official order, the terms upon which milk
dealers shall pay producers and others for milk, may prescribe
the method of computing payment therefor, and may prescribe a
form of written statement to be sent to producers with each
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payment.
(b) Notwithstanding subsection (a), milk dealers, including
cooperatives making payments to producers, shall provide to each
dairy farmer, with each payment for milk, a written statement of
the specific dollar amount of State-mandated premium included in
the payment for milk. The amount of the State-mandated premium
shall be separate and distinct from, and may not be substituted
for nor commingled with, an amount paid as a bonus or other
premium.
Section 3. This act shall take effect in 60 days.
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