PRIOR PRINTER'S NO. 2977

PRINTER'S NO.  3147

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2139

Session of

2009

  

  

INTRODUCED BY MYERS, BELFANTI, BISHOP, BRIGGS, CARROLL, D. COSTA, P. COSTA, DeWEESE, FLECK, FRANKEL, GERGELY, GRUCELA, HALUSKA, HANNA, HENNESSEY, HORNAMAN, JOSEPHS, KORTZ, KOTIK, KULA, LONGIETTI, MAHONEY, MARKOSEK, McGEEHAN, MIRABITO, MOUL, MUNDY, MUSTIO, M. O'BRIEN, PARKER, READSHAW, SIPTROTH, M. SMITH, SONNEY, STABACK, STERN, TALLMAN, WAGNER, WATERS, WHEATLEY, REICHLEY AND STURLA, DECEMBER 8, 2009

  

  

AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 26, 2010  

  

  

  

AN ACT

  

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Providing for the Pennsylvania Agricultural Surplus System and, 

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for powers and duties of the Department of Agriculture and

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for the distribution and utilization of wildlife; and

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preempting certain municipal ordinances.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Pennsylvania

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Agricultural Surplus System Act.

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Section 2.  Declaration of policy.

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The General Assembly finds and declares as follows:

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(1)  This Commonwealth is a worldwide leader in

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agricultural production and food processing.

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(2)  Despite this Commonwealth's agricultural

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productivity, a significant number of Pennsylvanians continue

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to struggle with hunger and food insecurity and lack access

 


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to sufficient nutritious food.

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(3)  Hunger and food insecurity are harmful to the health

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and well-being of Pennsylvanians, especially children and

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seniors, and have a detrimental impact on urban, suburban and

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rural communities throughout this Commonwealth.

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(4)  Increasing the consumption of fresh fruits and

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vegetables and other nutritious foods by Pennsylvanians

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living in low-income households can help reduce instances of

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diet-related illnesses and medical conditions, including

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obesity and diabetes, and lower health care costs.

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(5)  This Commonwealth is home to a network of regional

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food banks, food pantries and cupboards, soup kitchens and

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other private charitable food assistance providers with the

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capacity to safely and efficiently distribute food to people

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in need.

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(6)  This network, through the Pennsylvania Association

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of Regional Food Banks, has demonstrated the capacity to

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administer food distribution in collaboration with the

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Department of Agriculture as evidenced by the success of the

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Commodity Supplemental Food Program and the PASS pilot

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program.

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(7)  Pennsylvania's farmers, food packers and processors

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and Pennsylvanians who rely upon the network would derive

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mutual benefit from the establishment of a system linking the

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agricultural community with the food assistance network for

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the purpose of acquiring surplus agricultural products and

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distributing these products to Pennsylvania residents

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challenged by hunger and food insecurity.

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Agricultural products."  Any fowl, animal, vegetable or

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other stuff, product or article which is customary food or which

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is proper food for human beings. The term shall include wildlife

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or portions thereof. The term shall specifically exclude canned

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goods that are rusted, leaking or swollen or canned goods that

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are defective or cannot, for health reasons, otherwise be

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offered for sale to members of the general public.

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"Association."  The Pennsylvania Association of Regional Food

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Banks An association of regional food banks based in this

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Commonwealth selected by the department to assist with PASS.

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"Department."  The Department of Agriculture of the

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Commonwealth.

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"PASS."  The Pennsylvania Agricultural Surplus System

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established under this act.

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"Secretary."  The Secretary of Agriculture of the

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Commonwealth.

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"Wildlife."  As defined in 34 Pa.C.S. § 102 (relating to

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definitions) and taken by lawful hunting in accordance with 34

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Pa.C.S. (relating to game) and 58 Pa. Code (relating to

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recreation).

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Section 4.  PASS.

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(a)  Authorization.--The department is authorized to award a

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contract or contracts for the purpose of developing and

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operating PASS as a safe, fast and convenient system for this

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Commonwealth's food industry to donate nutritious products to

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the private charitable food assistance network operating within

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this Commonwealth.

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(b)  Requirements.--PASS shall include the following:

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(1)  Identification of sources of nutritious surplus

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agricultural products available for distribution to food

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banks in this Commonwealth, including a list of farmers in

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this Commonwealth who have agreed to supply food products

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from farms located in this Commonwealth, verifiable by the

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department.

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(2)  Determination of cost-effective mechanisms for

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transportation of these agricultural products to maximize

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freshness.

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(3)  Encouragement of food donations by growers, packers

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and processors through reimbursements for services needed to

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prepare the donations for safe and efficient transportation

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and distribution.

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(4)  Distribution of these donated nutritious surplus

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agricultural products to needy or low-income individuals and

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families by the member organizations of the association using

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a formula for the equitable distribution of donated products

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identical to the formula used in the administration of the

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State Food Purchase Program. The department shall maintain a

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list of members of the association eligible for participation

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in the distribution of donated products.

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(5)  Administration by the association.

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(6)  Oversight by the department.

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(7)  An annual report to the secretary by the association

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providing detailed information on the sources, types and

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pounds of product donated, the distribution of these products

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and the number of households served by the distributions.

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Section 5.  Administration and contracting.

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Funds appropriated for PASS may be used for the

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administrative purposes of PASS, including contracting with the

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association to carry out the provisions of this act.

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Section 6.  Regulations.

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(a)  General rule.--The department shall promulgate

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regulations as it deems necessary to carry out the purposes of

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this act.

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(b)  Preemption.--The provisions of this act, section 5.1 of

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the act of July 10, 1981 (P.L.234, No.76), known as the Donated

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Food Limited Liability Act, and the regulations promulgated

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under that act and this act shall supersede and preempt any

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municipal ordinance, rule or regulation insofar as the

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ordinance, rule or regulation relates to the distribution or use

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of wildlife donated as food.

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Section 7.  Funding.

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PASS shall acquire and distribute Pennsylvania food products

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to the extent funds are made available by the General Assembly.

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Section 8.  Effective date.

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This act shall take effect in 60 days.

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