§ [4603] 4611. Pennsylvania Preferred® trademark.
The department shall take all actions necessary and
appropriate to acquire, create, establish, register, maintain,
license, promote and protect a Pennsylvania Preferred® trademark
for use on or in connection with the sale, marketing or
promotion of a Pennsylvania-produced agricultural commodity.
§ [4604] 4612. Licensee qualification.
A qualified entity shall meet at least one of the following
requirements to become a licensee:
(1) Be a person that produces an agricultural commodity:
(i) that is entirely harvested from a Pennsylvania
location or is grown at a Pennsylvania location for at
least 75% of the commodity's production cycle; and
(ii) that, if inspected by the department, the USDA,
the FDA or an independent certifying agency approved by
the department, is approved by the inspecting authority
as meeting all applicable quality, sanitation, safety and
labeling standards of that inspecting authority.
(2) Be a person that processes an agricultural
commodity:
(i) in whole or in part at a facility which is
located within this Commonwealth; and
(ii) in whole or in part at a facility, which, if
the agricultural commodity is intended for human
consumption, is in compliance with Subchapter B of
Chapter 57 (relating to food safety) and all applicable
Federal and State food quality, sanitation, safety and
labeling standards regulations; and
(iii) the use of which, to the maximum extent
possible given production season restrictions or market
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