PRIOR PRINTER'S NO. 2669 PRINTER'S NO. 2928
No. 2115 Session of 1978
INTRODUCED BY MESSRS. YAHNER, MORRIS, WENGER, ZELLER, CASSIDY,
KLINGAMAN, STUBAN, WILT AND DeVERTER, MARCH 13, 1978
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 5, 1978
AN ACT
1 Establishing fees for certain licenses, certificates and
2 activities relating to milk marketing and making certain
3 repeals.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the "Milk
8 Marketing Fee Act."
9 Section 2. Definitions and construction.
10 The words and phrases used in this act shall have the
11 meanings ascribed to them in the act of April 28, 1937 (P.L.417,
12 No.105), known as the "Milk Marketing Law," unless the context
13 clearly indicates to the contrary.
14 Section 3. Milk dealer license fees generally.
15 (a) The Milk Marketing Board shall charge and collect
16 license fees from milk dealers on a yearly basis, as follows:
17 (1) Fixed fee per milk dealer, a license fee of $50.
18 (2) Addition to fixed fee, for milk on which board is <--
1 required to fix prices by the mandatory provisions of section
2 802 FIXES PRICES UNDER THE PROVISIONS of the "Milk Marketing <--
3 Law," received, produced or brought within the Commonwealth
4 during the calendar year preceding the period for which the
5 license is issued, a license fee of one hundred seventy-five
6 ten-thousandths OF A CENT (.0175) per hundredweight. <--
7 (3) Addition to fixed fee, for all other milk on which
8 price is not fixed under, received, produced or brought
9 within the Commonwealth during the calendar year preceding
10 the period for which the license is issued, a license fee of
11 fifteen ten-thousandths OF A CENT (.0015) per hundredweight. <--
12 The provisions of this subsection do not apply to subdealers,
13 subhandlers or stored STORES. <--
14 (b) The board shall charge and collect license fees from
15 subdealers on an annual basis of $35 for each route owned or
16 operated at the commencement of the license period.
17 (c) Except as otherwise expressly provided by law, the
18 license fee fixed by this section shall be paid before any
19 license, or any renewal thereof, is issued. Where a license is
20 applied for by a milk dealer, and the board declines to grant a
21 license to the applicant, the license fee shall be charged and
22 retained by the board only pro rata for so much of the license
23 year as expired prior to the issuance of the order refusing the
24 license.
25 (D) THE BOARD BY REGULATION MAY ESTABLISH A PAYMENT SCHEDULE <--
26 FOR LICENSEES ON A QUARTERLY, SEMIANNUAL OR OTHER BASIS.
27 Section 4. License fees for certain milk dealers.
28 (a) Milk dealers who are not engaged in the milk business at
29 the commencement of the license period shall pay a proportionate
30 amount of the specific annual fee as follows:
19780H2115B2928 - 2 -
1 (1) For a license issued on or after October 1, but
2 prior to January 1, $37.50.
3 (2) For a license issued on or after January 1, but
4 prior to April 1 of the succeeding year, $25.
5 (3) For a license issued on or after April 1, but prior
6 to July 1, $12.50.
7 (b) Milk dealers not engaged in the milk business during any <--
8 month in the preceding calendar year shall submit with their
9 application a license fee as provided by this section and, in
10 addition thereto, at such time or times as the board may fix,
11 but not more than four months after the granting of the license,
12 shall pay monthly 1 1/2¢ per hundredweight during the part of
13 the license year on all milk, the prices of which the board if
14 required to fix by the mandatory provision of section 802 of the
15 "Milk Marketing Law," and 1/4¢ on all other milk on which the
16 price is not fixed under section 802 of the "Milk Marketing
17 Law," received, produced or brought within the Commonwealth by
18 the dealer during the preceding month. The foregoing provisions
19 do not apply to subdealers, subhandlers or stored.
20 (B) (1) MILK DEALERS NOT ENGAGED IN THE MILK BUSINESS FOR <--
21 THE COMPLETE PRECEDING CALENDAR YEAR SHALL SUBMIT WITH THEIR
22 APPLICATION A LICENSE FEE AS PROVIDED BY THIS SECTION AND, IN
23 ADDITION THERETO, AT SUCH TIME OR TIMES AS THE BOARD MAY FIX,
24 SHALL PAY ON A MONTHLY BASIS AN ADDITIONAL LICENSE FEE OF ONE
25 HUNDRED SEVENTY-FIVE TEN-THOUSANDTHS OF A CENT (.0175) PER
26 HUNDREDWEIGHT ON ALL MILK THE PRICES OF WHICH THE BOARD FIXES
27 UNDER THE PROVISIONS OF THE "MILK MARKETING LAW," AND A
28 LICENSE FEE OF FIFTEEN TEN-THOUSANDTHS OF A CENT (.0015) PER
29 HUNDREDWEIGHT ON ALL OTHER MILK ON WHICH THE PRICE IS NOT
30 FIXED BY THE BOARD, RECEIVED, PRODUCED OR BROUGHT WITHIN THE
19780H2115B2928 - 3 -
1 COMMONWEALTH BY THE DEALER DURING THE PRECEDING MONTH.
2 (2) THE PAYMENTS REQUIRED IN PARAGRAPH (1) SHALL
3 CONTINUE UNTIL THE DEALER HAS BEEN ENGAGED IN THE MILK
4 BUSINESS FOR A FULL YEAR AT WHICH TIME THE BOARD SHALL
5 ESTABLISH PAYMENT OF A LICENSE FEE BASED ON THE PROVISIONS OF
6 SECTION 3.
7 (3) THE PROVISIONS OF THIS SUBSECTION DO NOT APPLY TO
8 SUBDEALERS, SUBHANDLERS OR STORES.
9 Section 5. Computation of license fees.
10 Milk sold and distributed outside of this Commonwealth in any
11 state which charges milk dealers or handlers a license fee may
12 be deducted in the determination of the amount of the license
13 fee required by this act, on the condition, that such quantity
14 of milk is actually computed in determining the amount of such
15 license fee in such other state. In computing the license fee to
16 be charged by the board, the fluid milk equivalent of milk other
17 than fluid milk, shall be ascertained and fixed in such manner
18 as the board shall prescribe, except in the case of farm-
19 separated sour cream used exclusively in making butter to be
20 marketed or ultimately sold as such, in which case the total
21 quantity of such milk shall be computed according to pounds of
22 butterfat of sour cream rather than the fluid milk equivalent
23 thereof. Nothing herein is to be construed as requiring, in the
24 computation of the license fee, the inclusion of milk which is
25 received by the applicant milk dealer or handler from another
26 milk dealer or handler, subject to license hereunder, which milk
27 has been included in the computation of such other dealer's fee;
28 or milk which is produced by the applicant dealer or handler and
29 not sold by him to stores or consumers. Applicant milk dealers
30 or handlers, other than subdealers or subhandlers, receiving
19780H2115B2928 - 4 -
1 their entire supply from milk dealers or handlers who have paid
2 a license fee thereon to this board, shall pay the license fee
3 of $50.
4 Section 6. Milk Haulers License.
5 The annual fee for a Milk Haulers License shall be $25.
6 Section 7. Weighing or Measuring Permit.
7 The annual fee for a Weighing or Measuring Permit shall be
8 $10 for each location.
9 Section 8. Certified Tester's Certificate of Proficiency.
10 The annual fee for a Certified Tester's Certificate of
11 Proficiency shall be $10.
12 Section 9. Weighing and Sampling Certificate of Proficiency.
13 The annual fee for a Weighing and Sampling Certificate of
14 Proficiency shall be $10.
15 Section 10. Repeals.
16 (a) Sections 408, 409, 410 and the second paragraph of
17 section 550 of the act of April 28, 1937 (P.L.417, No.105),
18 known as the "Milk Marketing Law," are repealed absolutely.
19 (b) Sections 601, 602 and 603 of the "Milk Marketing Law,"
20 are repealed to the extent such sections set fees for licenses,
21 certificates or activities for which new fees have been
22 prescribed in this act.
23 (c) All other acts or parts of acts are repealed to the
24 extent of their inconsistency with this act.
25 Section 11. Effective date.
26 This act shall take effect immediately and shall be
27 retroactive to January 1, 1978.
A30L1CVV/19780H2115B2928 - 5 -