PRIOR PRINTER'S NO. 2870

PRINTER'S NO. 2980

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

224

Session of

2022

INTRODUCED BY LAWRENCE, OWLETT, MOUL, CAUSER, BERNSTINE, BOBACK,

BURGOS, COOK, SCHLEGEL CULVER, ECKER, FEE, HENNESSEY,

HICKERNELL, IRVIN, JAMES, KAUFFMAN, KENYATTA, LONGIETTI,

Amending the act of April 28, 1937 (P.L.417, No.105), entitled

"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

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

superseded by this act, and saving rights, duties and

proceedings thereunder; and making appropriations," in

purpose, short title and definitions, further providing for

definitions and construction; in general powers of the board,

providing for collection of premiums; in prices of milk,

providing for board established premiums and further

providing for cooperatives; and, in moneys and expenses of

board, further providing for Milk Marketing Fund and for

payment and providing for audits.

The General Assembly of the Commonwealth of Pennsylvania

except in those instances where the context clearly indicates

otherwise:

* * *

"Board established premium" means a fee or charge established

by official order of the board on a class or classes of milk

that is in addition to a price fixed for milk.

* * *

Section 2. The act is amended by adding sections to read:

Section 312. Collection of Premiums .--The board is hereby

vested with the authority to, by official order, coordinate,

Section 809. Cooperatives.--(a) It is hereby declared to be

the legislative intent that no provision of this act shall

prevent, and no provision contained herein shall be deemed or

construed to prevent, any cooperative agricultural association

or corporation organized under the laws of this Commonwealth, or

a similar association or corporation organized under the laws of

this or any other state, and engaged in making collective sales

or in the marketing of milk for the producers thereof, from

blending the net proceeds of its sales or consignments or

producers, and with prior written approval of the board, or from

making collective sales of the milk of its members and other

producers represented by it, or from making such sales or

deliveries at a blended price based upon sales or deliveries

thereof in the various classes, and whether in fluid form or as

manufactured products, both within and without the Commonwealth,

which price is to be paid either directly to the producers or to

the cooperative agricultural association or corporation. Nothing

herein contained shall prevent any milk dealer or handler from

contracting for his milk with such cooperative agricultural

milk dealers or handlers, or agents thereof, receive from any

producer or from such cooperative association or corporation,

directly or indirectly, any discounts, rebates, free service, or

compensation through rentals, extension of credit, or otherwise

for the purpose or with the effect, of reducing the net cost to

the dealer or handler for milk purchased or received by or

through such cooperative association or corporation.

(b) No provision of this act shall be deemed or construed to

apply for the purpose of examining and auditing books and

records of any such cooperative agricultural association or

corporation, at reasonable intervals, for the purpose of

administering this act. This section shall not, however, be

construed to exempt such association or corporation from the

jurisdiction of the board over the prices at which it may sell

milk to milk dealers or handlers, stores or consumers[.] or from

the jurisdiction of the board over the collection and

distribution of board established premiums under section 312.

(c) Every cooperative agricultural association or

collected or received by the board, arising from license fees,

penalties, permits or any other source, shall be paid by the

board into the State Treasury through the Department of Revenue,

and shall, by the State Treasurer, be placed in a separate fund

to be known as the "Milk Marketing Fund." Fines imposed under

this act shall be payable to, and collected by, the board, and

similarly placed in the Milk Marketing Fund.

(b) Moneys collected or received by the board, that are not

(c) The board may direct, by official order, a transfer by

the State Treasurer of excess moneys within the Milk Marketing

Fund to the General Fund.

Section 1104. Payment.--(a) Moneys in the Milk Marketing

Fund appropriated to the Milk Marketing Board shall be paid out

upon warrant of the State Treasurer drawn after requisition by

the secretary of the Milk Marketing Board.

(b) Moneys appropriated by the General Assembly to the Milk

Marketing Fund shall be designated, by official order of the

board, to be paid to producers, dealers or handlers. THE MONEYS

be authorized by official order of the board.

Section 5. This act shall take effect in 60 days.