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04/19/2024 06:24 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=39975
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: February 27, 2023 12:25 PM
From: Representative Marci Mustello
To: All House members
Subject: Increasing Penalties in Lieu of Suspending Milk Dealer Licenses
 
In the near future, I will re-introduce legislation (former HB 2456) to increase the amount of payment in lieu of suspending a milk dealer (processor) license. The Milk Marketing Law contains a provision that permits the Milk Marketing Board to accept a payment in lieu of suspending a license when a milk dealer violates a provision of law or regulation. This provision is designed to penalize a milk dealer for violations, but at the same time, continue the flow of milk from the cow to the consumer. The current payment amount is $150/day of violation and this legislation will increase that amount to $1,000/day. While license suspensions are not common and result only after other avenues and penalty categories have been applied or exhausted, the current payment in lieu of suspension is often treated as a cost of doing business and is therefore not a deterrent for violations. Examples of why a license would be suspended include selling milk at below minimum pricing, below minimum price bidding, late payments to producers, and repeated violations of required report filing and record-keeping provisions.  A license suspension is only effective until the end of the current license year.
 
Please join me in co-sponsoring this legislation, which was requested by the Milk Marketing Board.



Introduced as HB42