PRIOR PRINTER'S NO. 2429 PRINTER'S NO. 3799
No. 1975 Session of 1993
INTRODUCED BY LLOYD, D. R. WRIGHT, B. SMITH, RUDY, HERSHEY,
SURRA, YEWCIC, GORDNER AND JAMES, SEPTEMBER 29, 1993
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 1994
AN ACT
1 Providing for the promotion of farmers' markets; imposing
2 additional powers and duties on the Department of
3 Agriculture, the Department of Public Welfare, the Department
4 of Transportation and, the Department of Commerce; and making <--
5 appropriations., THE PENNSYLVANIA STATE UNIVERSITY <--
6 COOPERATIVE EXTENSION SERVICE AND THE PENNSYLVANIA SMALL
7 BUSINESS DEVELOPMENT CENTERS; AND PROVIDING FOR LIMITATION ON
8 LOCAL ORDINANCES AND FOR FUNDING.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Farmers'
13 Market Promotion Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Department." The Department of Agriculture of the <--
19 Commonwealth.
20 "Farmer." The person who grew or processed the produce or
1 related items being sold or a family member of that person.
2 "Produce." Crops grown locally for human consumption by the
3 farmer selling them.
4 "Related items." Honey, home-baked goods, jams, jellies,
5 preserves, relishes and pickled produce grown and processed
6 locally by the farmer selling them.
7 Section 3. Promotion of farmers' markets.
8 (a) Matching grants.--To encourage and promote community-
9 based farmers' markets, the department shall provide a matching
10 grant of up to $5,000 a year to eligible groups it deems
11 qualified.
12 (b) Eligible groups.--Entities eligible to submit
13 applications for matching grants are the following:
14 (1) Local farmers' associations.
15 (2) Community organizations.
16 (3) Local governments.
17 (c) Applications for matching grants.--The department shall
18 provide an application upon the request of an eligible group
19 which seeks a matching grant to establish a farmers' market
20 within or near its environs. After the eligible group submits
21 its application, the department shall review the proposal and
22 notify the eligible group of its status.
23 (d) Criteria for matching grant approval.--When determining
24 whether to approve an application, the department shall
25 ascertain the following:
26 (1) That the eligible group has a farmers' market
27 business plan and approval by ordinance of the municipality
28 in which it is to be located.
29 (2) That the eligible group has provided for the
30 employment of a farmers' market manager to oversee its
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1 operation.
2 (3) That the eligible group has community support from
3 local businesses or from consumers.
4 (e) Grant duration.--Matching grants may be made to an
5 eligible group for three years or less. An annual grant may not
6 exceed $5,000. The department shall award less to an eligible
7 group than the group received the previous year whenever
8 consecutive annual matching grants are approved and shall use a
9 graduated matching-grant formula to do so.
10 Section 4. Restrictions.
11 Recipients of matching grants shall restrict sales of produce
12 and related items to that which is grown or processed locally by
13 the farmer. To do so, grant recipients shall:
14 (1) Require that all produce and related items sold in
15 the farmers' market stall allotted to a farmer be sold by the
16 farmer who grew and processed it.
17 (2) Restrict sales at the farmers' market to produce and
18 related items which come from farms located within a 100-mile
19 radius of the market.
20 Section 5. Implementation.
21 The department shall convene a series of seminars on farmers'
22 markets to develop a broad understanding and broad base of
23 support for the concept. These seminars shall occur in the late
24 fall and early winter months of 1994, 1995, 1996 and 1997 to
25 ensure farmer participation in farmers' market promotional
26 efforts. The department shall invite all agricultural groups
27 which might have an interest in this program, as well as
28 specialty and organic crop farmers, current farmers' market
29 managers who represent small and large farmers' markets,
30 community planners and developers, retail business groups, main
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1 street managers and other municipal managers and agricultural
2 land preservationists.
3 Section 6. Technical and marketing assistance.
4 The department, in cooperation with The Pennsylvania State
5 University Cooperative Extension Service, shall provide the
6 following technical and marketing assistance to eligible groups
7 upon request:
8 (1) Market viability.
9 (2) Market feasibility.
10 (3) Financial impact.
11 (4) Recruitment of farmer-suppliers.
12 (5) Market location and floor plan.
13 (6) Advertising.
14 Section 7. Cooperation needed from other departments.
15 (a) Department of Public Welfare.--The Department of Public
16 Welfare shall provide information to public assistance
17 recipients on the location of farmers' markets and on the
18 nutritional value of fresh produce. Also, it shall ensure that
19 food vouchers to public assistance recipients are usable at
20 farmers' markets.
21 (b) Department of Transportation.--The Department of
22 Transportation shall design uniform road signs and erect them in
23 appropriate locations to identify the location and hours of area
24 farmers' markets. Also, it shall provide farmers' market
25 information on the official Commonwealth road map.
26 (c) Department of Commerce.--The Department of Commerce
27 shall provide farmers' market promotional material in
28 Commonwealth tourism information.
29 Section 8. Appropriations.
30 (a) Agriculture.--The sum of $350,000, or as much thereof as
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1 may be necessary, is hereby appropriated to the Department of
2 Agriculture for the fiscal year July 1, 1993, to June 30, 1994,
3 to carry out the provisions of this act which relate to the
4 matching grant program.
5 (b) Public Welfare.--The sum of $25,000, or as much thereof
6 as may be necessary, is hereby appropriated to the Department of
7 Public Welfare for the fiscal year July 1, 1993, to June 30,
8 1994, to carry out the provisions of section 7(a).
9 (c) Transportation.--The sum of $100,000, or as much thereof
10 as may be necessary, is hereby appropriated to the Department of
11 Transportation for the fiscal year July 1, 1993, to June 30,
12 1994, to carry out the provisions of section 7(b).
13 (d) Commerce.--The sum of $25,000, or as much thereof as may
14 be necessary, is hereby appropriated to the Department of
15 Commerce for the fiscal year July 1, 1993, to June 30, 1994, to
16 carry out the provisions of section 7(c).
17 Section 9. Effective date.
18 This act shall take effect in 60 days.
19 "DEPARTMENT." THE DEPARTMENT OF AGRICULTURE OF THE <--
20 COMMONWEALTH.
21 "FARM AND FOOD PRODUCT." ANY AGRICULTURAL, HORTICULTURAL,
22 FOREST OR OTHER PRODUCT OF THE SOIL OR WATER WHICH HAS BEEN
23 GROWN, HARVESTED OR PRODUCED WHOLLY IN THIS COMMONWEALTH FOR
24 COMMERCIAL PURPOSES. THESE PRODUCTS SHALL INCLUDE, BUT ARE NOT
25 LIMITED TO, FRUITS; VEGETABLES; EGGS; DAIRY PRODUCTS; MEAT AND
26 MEAT PRODUCTS; POULTRY AND POULTRY PRODUCTS; FISH AND FISH
27 PRODUCTS; GRAIN AND GRAIN PRODUCTS; HONEY, JAMS, JELLIES AND
28 PRESERVES; MAPLE SAP PRODUCTS; NUTS; APPLE CIDER; FRUIT JUICE;
29 ORNAMENTAL OR VEGETABLE PLANTS; NURSERY PRODUCTS; FLOWERS;
30 FIREWOOD; AND CHRISTMAS TREES.
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1 "FARMER." ANY PERSON OR PERSONS WHO GROW, PRODUCE OR CAUSE
2 TO BE GROWN OR PRODUCED ANY FARM OR FOOD PRODUCTS IN THIS
3 COMMONWEALTH.
4 "FARMERS' MARKET." ANY BUILDING, STRUCTURE OR PLACE OWNED,
5 LEASED OR OTHERWISE IN POSSESSION OF A PERSON OR MUNICIPAL
6 CORPORATION OR PUBLIC OR PRIVATE ORGANIZATION, USED OR INTENDED
7 TO BE USED BY TWO OR MORE FARMERS OR AN ASSOCIATION OF FARMERS
8 FOR THE PURPOSE OF SELLING FARM AND FOOD PRODUCTS DIRECTLY TO
9 CONSUMERS.
10 "SECRETARY." THE SECRETARY OF AGRICULTURE OF THE
11 COMMONWEALTH.
12 "SMALL BUSINESS DEVELOPMENT CENTERS." ANY ONE OF THE
13 ENTITIES IN THIS COMMONWEALTH CREATED PURSUANT TO SECTION 21 OF
14 THE SMALL BUSINESS ACT (PUBLIC LAW 85-536, 15 U.S.C. § 648) FOR
15 THE PURPOSE OF PROVIDING MANAGEMENT AND TECHNICAL ASSISTANCE TO
16 SMALL BUSINESS OWNERS.
17 SECTION 3. FARMERS' MARKET PROMOTION.
18 THE SECRETARY SHALL ADMINISTER THE PROVISIONS OF THIS ACT AND
19 SHALL ADOPT AND PROMULGATE REGULATIONS AS DETERMINED TO BE
20 NECESSARY. THE SECRETARY SHALL:
21 (1) PROVIDE FOR THE ESTABLISHMENT AND IMPLEMENTATION OF
22 A STATEWIDE PROMOTIONAL PLAN DESIGNED TO INCREASE PUBLIC
23 AWARENESS, SUPPORT AND PATRONAGE OF FARMERS' MARKETS IN THIS
24 COMMONWEALTH AND AWARENESS OF THE NUTRITIONAL VALUE OF THE
25 FARM AND FOOD PRODUCTS SOLD OR OFFERED OR EXPOSED FOR SALE AT
26 SUCH MARKETS.
27 (2) IDENTIFY THE NUMBER, NATURE AND LOCATION OF FARMERS'
28 MARKETS IN THIS COMMONWEALTH AND ADVERTISE SUCH MARKETS IN
29 THE DEPARTMENT'S MARKET GUIDE AND OTHER RELEVANT AGRICULTURAL
30 PROMOTIONAL LITERATURE.
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1 (3) COLLECT AND COMPILE ECONOMIC DATA ON FARMERS'
2 MARKETS IN THIS COMMONWEALTH AND MAKE SUCH DATA AVAILABLE TO
3 THE DEPARTMENT OF COMMERCE.
4 (4) COLLABORATE WITH THE DEPARTMENT OF COMMERCE, LOCAL
5 GOVERNMENTS, AGRICULTURAL COOPERATIVE ASSOCIATIONS, STATEWIDE
6 AGRICULTURAL ORGANIZATIONS, FARM GROUPS, BUSINESS GROUPS AND
7 OTHER SUCH GROUPS AND ORGANIZATIONS, BOTH PUBLIC AND PRIVATE,
8 TO PROMOTE FARMERS' MARKET DEVELOPMENT, EITHER INDEPENDENTLY
9 OR IN CONJUNCTION WITH PROMOTING OTHER SEGMENTS OF THIS
10 COMMONWEALTH'S ECONOMY, SUCH AS TOURISM.
11 (5) PROVIDE, IN COLLABORATION WITH THE PENNSYLVANIA
12 STATE UNIVERSITY COOPERATIVE EXTENSION SERVICE AND THE
13 PENNSYLVANIA SMALL BUSINESS DEVELOPMENT CENTERS, TECHNICAL
14 AND MARKETING ASSISTANCE TO FARMERS SEEKING TO EXPAND OR
15 IMPROVE AN EXISTING FARMERS' MARKET OR TO ESTABLISH A NEW
16 FARMERS' MARKET. THE TECHNICAL AND MARKETING ASSISTANCE SHALL
17 INCLUDE:
18 (I) FEASIBILITY OF EXPANSION OR IMPROVEMENT OF AN
19 EXISTING FARMERS' MARKET OR ESTABLISHMENT OF A NEW
20 FARMERS' MARKET.
21 (II) MARKET LOCATION.
22 (III) DEVELOPMENT OF BUSINESS PLANS AND PROJECTIONS
23 AND FINANCIAL STATEMENTS.
24 (IV) BUSINESS MANAGEMENT ASSISTANCE, INCLUDING
25 MARKETING, ADVERTISING AND PROMOTIONAL SERVICES.
26 (V) BUSINESS COUNSELING.
27 (VI) ORGANIZATION TO OPERATE THE FARMERS' MARKET.
28 (VII) RECRUITMENT OF FARMERS AS VENDORS.
29 (VIII) INFORMATION ON FINANCIAL REQUIREMENTS AND
30 PUBLIC AND PRIVATE SOURCES OF FINANCIAL ASSISTANCE.
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1 (6) RECOMMEND PROGRAMS AND ACTIVITIES TO FARMERS
2 DESIGNED TO PROMOTE FARM AND FOOD PRODUCTS GROWN OR PRODUCED
3 IN THIS COMMONWEALTH AND SOLD AT FARMERS' MARKETS.
4 SECTION 4. SECRETARY OF TRANSPORTATION.
5 THE SECRETARY OF TRANSPORTATION SHALL:
6 (1) PURSUANT TO THE APPLICABLE PROVISIONS OF THE ACT OF
7 DECEMBER 15, 1971 (P.L.596, NO.160), KNOWN AS THE OUTDOOR
8 ADVERTISING CONTROL ACT OF 1971, AND OF 75 PA.C.S. § 6125(D)
9 (RELATING TO DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR
10 MARKINGS) AND TO ANY REGULATIONS, GUIDELINES OR POLICIES
11 ADOPTED OR PROMULGATED BY THE DEPARTMENT OF TRANSPORTATION
12 UNDER THOSE ACTS, DEVELOP STANDARDS FOR AND DESIGN A UNIFORM
13 DIRECTIONAL INFORMATIONAL SIGN WHICH SHALL PROVIDE SPECIFIC
14 DIRECTIONAL INFORMATION TO THE TRAVELING PUBLIC ON THE
15 LOCATION OF FARMERS' MARKETS IN THIS COMMONWEALTH.
16 (2) MAKE SUCH DIRECTIONAL INFORMATIONAL SIGN AVAILABLE
17 TO FARMERS' MARKETS ON AN INTEREST-FREE INSTALLMENT PURCHASE
18 PLAN WHICH ALLOWS FARMERS' MARKETS TO PAY FOR A SIGN OVER A
19 PERIOD OF THREE YEARS FROM THE DATE ON WHICH THEY RECEIVE THE
20 SIGN.
21 (3) PROVIDE, IN COLLABORATION WITH THE DEPARTMENT, A
22 STATEWIDE ROAD MAP DEPICTING THE LOCATIONS OF FARMERS'
23 MARKETS IN THIS COMMONWEALTH.
24 SECTION 5. SECRETARY OF COMMERCE.
25 THE SECRETARY OF COMMERCE SHALL COLLABORATE WITH THE
26 DEPARTMENT OF AGRICULTURE TO PROVIDE FOR THE PUBLICATION OF THE
27 LOCATION OF FARMERS' MARKETS IN THIS COMMONWEALTH IN THE ANNUAL
28 TRAVELERS' GUIDE AND IN ANY OTHER TOURISM LITERATURE WHICH MAY
29 BE PUBLISHED BY THE DEPARTMENT OF COMMERCE.
30 SECTION 6. SECRETARY OF PUBLIC WELFARE.
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1 THE SECRETARY OF PUBLIC WELFARE SHALL, PURSUANT TO THE
2 AUTHORITY DELEGATED TO THE DEPARTMENT OF PUBLIC WELFARE UNDER
3 THE FOOD STAMP ACT OF 1977 (PUBLIC LAW 88-525, 7 U.S.C. § 2011
4 ET SEQ.) AND IN COOPERATION WITH THE SECRETARY OF AGRICULTURE
5 AND THE PENNSYLVANIA STATE UNIVERSITY COOPERATIVE EXTENSION
6 SERVICE, INCORPORATE INTO MATERIALS PROVIDED TO FOOD STAMP
7 RECIPIENTS AND THEIR HOUSEHOLDS AND TO OTHER NUTRITIONALLY AT-
8 RISK INDIVIDUALS, INCLUDING RECIPIENTS OF BENEFITS UNDER THE WIC
9 PROGRAM, WHICH IS THE FEDERAL GOVERNMENT'S SPECIAL SUPPLEMENTAL
10 FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN, AUTHORIZED BY
11 SECTION 17 OF THE CHILD NUTRITION ACT OF 1966 (PUBLIC LAW 89-
12 642, 42 U.S.C. § 1786), INFORMATION ABOUT THE NUTRITIONAL VALUE
13 OF THE FRESH AGRICULTURAL PRODUCTS SOLD AT FARMERS' MARKETS AND
14 THE LOCATION OF FARMERS' MARKETS IN THIS COMMONWEALTH. TO THE
15 EXTENT FEASIBLE, THE SECRETARY OF PUBLIC WELFARE SHALL ASSURE
16 THAT FOOD STAMPS ARE ACCEPTED AS A MEDIUM OF EXCHANGE AT
17 FARMERS' MARKETS THROUGHOUT THIS COMMONWEALTH.
18 SECTION 7. LIMITATION ON LOCAL ORDINANCES.
19 EVERY MUNICIPALITY WHICH DEFINES OR PROHIBITS A PUBLIC
20 NUISANCE SHALL EXCLUDE FROM THE DEFINITION OF SUCH NUISANCE ANY
21 FARMERS' MARKET AS LONG AS THE FARMERS' MARKET DOES NOT HAVE A
22 DIRECT, ADVERSE EFFECT ON THE PUBLIC HEALTH AND SAFETY.
23 SECTION 8. FUNDING.
24 IN ADDITION TO USING ANY OTHER MONEYS THEY DETERMINE TO BE
25 AVAILABLE, AGENCIES ARE HEREBY AUTHORIZED TO CARRY OUT THE
26 PROVISIONS OF THIS ACT BY USING THE FOLLOWING:
27 (1) THE DEPARTMENT OF AGRICULTURE, MONEYS APPROPRIATED
28 TO THE DEPARTMENT OF AGRICULTURE FOR AGRICULTURAL PROMOTION
29 AND ANY MONEYS THE DEPARTMENT OF AGRICULTURE MAY RECEIVE FROM
30 THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR NUTRITION
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1 EDUCATION PURSUANT TO SECTION 17(M) OF THE CHILD NUTRITION
2 ACT OF 1966 (PUBLIC LAW 89-642, 42 U.S.C. § 1786(M)).
3 (2) THE DEPARTMENT OF COMMERCE, MONEYS APPROPRIATED TO
4 THE DEPARTMENT OF COMMERCE FOR COMMERCIAL ADVERTISING.
5 (3) THE DEPARTMENT OF TRANSPORTATION, MONEYS
6 APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION FOR HIGHWAY
7 MAINTENANCE.
8 (4) THE DEPARTMENT OF PUBLIC WELFARE, MONEYS WHICH MAY
9 BE APPROPRIATED TO THE DEPARTMENT OF PUBLIC WELFARE FOR
10 NUTRITION EDUCATION BY THE UNITED STATES DEPARTMENT OF
11 AGRICULTURE PURSUANT TO THE FOOD STAMP ACT OF 1977 (PUBLIC
12 LAW 88-525, 7 U.S.C. § 2011 ET SEQ.).
13 (5) PENNSYLVANIA SMALL BUSINESS DEVELOPMENT CENTERS,
14 MONEYS APPROPRIATED TO THE DEPARTMENT OF COMMERCE FOR SMALL
15 BUSINESS DEVELOPMENT CENTERS.
16 (6) THE PENNSYLVANIA STATE UNIVERSITY COOPERATIVE
17 EXTENSION SERVICE, MONEYS APPROPRIATED TO THE PENNSYLVANIA
18 STATE UNIVERSITY FOR AGRICULTURAL EXTENSION.
19 SECTION 9. EFFECTIVE DATE.
20 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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