A04780
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1236
Session of
2022
INTRODUCED BY VOGEL, SCHWANK, DUSH, GORDNER, MENSCH AND STEFANO,
MAY 18, 2022
SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,
MAY 24, 2022
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for extensive amendments to the very
small meat processor Federal inspection reimbursement grant
program.; in agriculture and youth development, further
providing for definitions and for grants; in Commonwealth
Specialty Crop Block Grant Program, further providing for
Commonwealth Specialty Crop Block Grant Fund; in Urban
Agricultural Infrastructure Grant Program, further providing
for legislative intent, for definitions, for grant program
and for distribution of grant money; and, in Farm-to-School
Program, further providing for findings and declarations, for
grant program and for applications and review of
applications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 101 heading and sections 10101, 10102,
10103, 10104, 10105 and 10106 of Title 3 of the Pennsylvania
Consolidated Statutes are amended to read:
Section 1. Chapter 101 heading and sections 10101, 10102,
10103, 10104, 10105, 10106, 10301, 10305(a), 10508(a), 10701,
10702, 10703(a), (b) and (e)(2)(ii) and (viii), 10704, 10902,
10904 and 10906(b) of Title 3 of the Pennsylvania Consolidated
Statutes are amended to read:
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CHAPTER 101
VERY SMALL MEAT AND POULTRY PROCESSOR [FEDERAL INSPECTION]
REIMBURSEMENT GRANT PROGRAM
§ 10101. Short title of chapter.
This chapter shall be known and may be cited as the Very
Small Meat and Poultry Processor [Federal Inspection]
Reimbursement Grant Program.
§ 10102. Legislative intent.
It is the intent of the General Assembly [that very small
meat processors be offered] to support the development and
expansion of current or future very small meat and poultry
processing operations in this Commonwealth by offering
reimbursement grants to cover the costs associated with [meeting
Federal inspection and certification guidelines during the
planning and start-up periods for these operations.]:
(1) A grant of inspection from the USDA Food Safety and
Inspection Service.
(2) Opening a new very small meat and poultry processing
operation.
(3) Expanding the capacity of a current very small meat
and poultry processing operation.
(4) A combination of paragraphs (1), (2) and (3).
§ 10103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A person applying for a reimbursement grant
under section 10104 (relating to grant program).
"Grant cycle." The period of time from when the department
solicits applications for grants under section 10104 to when
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applicants spend grant funds awarded. This period shall be no
more than two fiscal years. FINAL REIMBURSEMENT.
"Grant of inspection." An inspection by the USDA FOOD SAFETY
AND INSPECTION SERVICE certifying that products at a very small
meat and poultry processing operation are produced in accordance
with Federal law.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"USDA." The United States Department of Agriculture.
["Very small meat processor." A person subject to Federal
meat inspection that meets the United States Department of
Agriculture's definition of a "very small processor," having
fewer than 10 employees or annual sales of less than
$2,500,000.]
"Very small meat and poultry processing operation." A person
operating under a grant of inspection that meets the definition
of "very small establishment" as described in 9 CFR 381.65(g)(1)
(i) (relating to operations and procedures, generally).
§ 10104. Grant program.
(a) Availability.--Grants under this chapter shall only be
offered [in a fiscal year in which and] to the extent that
funding is made available to the department. The following shall
apply:
(1) In the event funding is exhausted or otherwise
unavailable, the department shall be under no obligation to
provide grants under this chapter.
(2) Grant money may be prorated or offered as a
percentage of actual costs, as determined by the department
and set forth in an order by the secretary, to spread
available money to a larger number of eligible applicants.
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The secretary shall transmit notice of an order issued under
this chapter to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(b) Reimbursement grants.--A grant under this chapter shall
be a reimbursement grant. The following shall apply:
(1) The amount of reimbursement shall be based on actual
eligible costs submitted by an approved applicant [during a
fiscal year in which grants are offered] within the grant
cycle.
(2) Grant reimbursement money shall only be available
for the eligible costs [of obtaining a Federal certification
to allow the sale of meat by a very small meat processor.
(c) Eligibility.--A very small meat processor may apply to
receive reimbursement for the cost of meeting Federal inspection
guidelines during the planning and start-up periods for the
operations. The applicant must be in compliance with all
applicable Federal licensure, recordkeeping and slaughter
requirements.] associated with:
(i) Meeting the requirements to obtain a grant of
inspection.
(ii) Opening a new very small meat and poultry
processing operation.
(iii) Expanding the capacity of a current very small
meat and poultry processing operation.
(iv) A combination of subparagraphs (i), (ii) and
(iii).
(c.1) Eligibility.--An applicant may apply to receive
reimbursement for eligible costs under section 10105 (relating
to eligible costs) if the applicant is a very small meat and
poultry processing operation and is either:
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(1) currently operating under USDA Federal inspection A
GRANT OF INSPECTION ; or
(2) upon completion of the approved project, the
applicant will obtain a grant of inspection.
(c.2) Attestation.--
(1) An applicant shall attest to the eligibility
requirements under subsection (c.1).
(2) The attestation shall be made under penalty of law
and subject to 18 Pa.C.S. Ch. 49 (relating to falsification
and intimidation).
(3) If a statement or material fact on the application
is found to be false, grant money received by the applicant
shall be returned to the department within 30 days of
notification of the finding.
(d) Application procedure.--An applicant who desires to
receive a [very small meat processor Federal inspection]
reimbursement grant under this section shall submit a grant
application on a form provided by the department. The
application shall contain the following information
demonstrating and attesting to:
(1) The applicant's name, the organization name, a
business address and a telephone number.
(2) A list of corporate officers.
(3) The applicant's eligibility[, setting forth
information evidencing and attesting that the applicant meets
the definition of a "very small meat processor."] under
subsection (c.1).
(4) A detailed plan [outlining], including the process
being undertaken to [apply for and obtain Federal
certification as a meat processor.
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(5) The estimated] meet the requirements necessary to
obtain a grant of inspection from the USDA Food Safety and
Inspection Service as a very small meat and poultry
processing operation. The plan shall outline the overall
project and materials being requested, including a line item
proposed budget, individual tasks required to complete the
project, a detailed timeline for completion of project tasks
and, if applicable, detailed descriptions of equipment or
supplies required to complete the project, training,
consulting, technical support and other services utilized.
(5) A detailed list of costs, including training and
equipment costs, for which reimbursement is sought.
(6) An attestation signed by the applicant and subject
to 18 Pa.C.S. Ch. 49 stating the applicant is in [good
standing with all Federal licensure, recordkeeping and
slaughter requirements, including the Federal Hazard Analysis
Critical Control Point standards.] compliance, or will be in
compliance after the approved project, with the Federal Meat
Inspection Act (Public Law 59-382, 21 U.S.C. § 601 et seq.)
or the Poultry Products Inspection Act (Public Law 85-172, 21
U.S.C. § 451 et seq.) to maintain a grant of inspection.
(e) Evaluation of application.--The department shall
evaluate an application on the basis of:
(1) The ability of the applicant to complete the stated
project within the stated timeline.
(2) The ability of the applicant to provide a detailed
description of the project and project costs as required by
subsection (d).
(3) The potential of the project to provide slaughter or
meat or poultry processing capacity and services to this
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Commonwealth's livestock and poultry producers.
(4) The potential of the project to provide availability
of Pennsylvania-produced meat or poultry products to
consumers.
§ 10105. Eligible costs.
The following costs, incurred during the term of the grant
cycle in which the grant is awarded, shall be eligible for
reimbursement:
[(1) Invoiced costs directly incurred for the initial
compliance inspection.]
(1.1) Consulting or other technical support services
that directly support the development and maintenance of
programs required to operate under USDA Federal Inspection A
GRANT OF INSPECTION .
(2) [A one-time reimbursement for the cost, not
including man hours, directly incurred in producing the
required Federal Hazard Analysis Critical Control Point
plan.] Professional employee training and educational
services and programs that support the development and
maintenance of programs to operate under USDA Federal
Inspection A GRANT OF INSPECTION . If a professional
consultant is utilized [to develop the Federal Hazard
Analysis Critical Control Point plan], reasonable costs may
be reimbursed, as determined by the department.
(3) Up to [50%] 85% of the actual costs of [a first-
time] the purchase of meat or poultry slaughter or processing
equipment [necessary for compliance with the Federal Hazard
Analysis Critical Control Point plan.] or supplies. This
paragraph does not include reimbursement of the cost of
planning, erection, repair or modification of a structure or
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building or repair or installation of roofing or other
physical structure improvement.
(4) The purchase of equipment or supplies directly
related to employee safety.
§ 10106. Final reimbursement.
(a) Required submission.--Reimbursement shall be based on
the approved applicant's timely completion of the project and
submission of the final costs [of obtaining the required Federal
certification for which grant money was sought] related to
expenses and materials in the applicant's approved grant project
WITHIN T HE GRANT CYCLE . The submission shall include:
[(1) The date of the inspection.
(2) The name of the Federal inspector or veterinarian in
charge of the inspection.
(3) A document signed by the Federal inspector or
veterinarian in charge evidencing that the approved
applicant's establishment passed the inspection.]
(4) Documentation of actual [costs for which
reimbursement is sought and payment of the costs.]
expenditures for eligible costs approved in the grant
application and invoices evidencing payment of the costs. The
documentation may include invoices for hours of training or
consultation.
(5) Documentation of the completion of the approved
project. The documentation may include pictures and dates of
training and equipment installation.
(6) Documentation demonstrating the very small meat and
poultry processing operation is operating under a grant of
inspection.
(7) A written report related to:
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(i) The completed project.
(ii) The expansion of meat or poultry processing
capability.
(iii) Expanded services to this Commonwealth's
livestock and poultry producers.
(iv) An increase to the availability of this
Commonwealth's meat or poultry products to consumers.
(b) Distribution of final reimbursement.--Distribution of
grant money to the approved applicant will occur upon the
following:
(1) Submission and receipt of the information required
under subsection (a).
(2) Final review and approval for completeness of the
required submission and the eligible costs.
(3) A completed grant agreement between the department
and an approved applicant.
(c) Assignment of grant money.--Grant money may only be
distributed to the owner of the eligible establishment. The
department may not assign grant money to a lessee, operator or
person other than the owner of the eligible very small meat
[processing establishment] and poultry processing operation.
Section 2. This act shall take effect immediately.
§ 10301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agriculture and youth organization." An organization
composed mainly of youth, or an organization with programs that
benefit youth, and organized to promote development in the areas
of agriculture, community leadership, vocational training and
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peer fellowship. The term includes[, but is not limited to,
Pennsylvania FFA, 4-H, Ag in the Classroom, the Family, Career
and Community Leaders of America and vocational education
programs] a school district.
"Board." The State Agriculture and Youth Development Board.
"Program." The Agriculture and Youth Organization Grant
Program.
§ 10305. Grants.
(a) General rule.--The department shall make grants in an
amount not to exceed $7,500 to qualifying agriculture and youth
organizations upon the recommendation and approval of the board.
* * *
§ 10508. Commonwealth Specialty Crop Block Grant Fund.
(a) Establishment.--The Commonwealth Specialty Crop Block
Grant Fund is established as a special nonlapsing fund in the
State Treasury. [All money derived from fines and civil
penalties, judgments and interest collected or imposed under
this chapter shall be paid into the fund.] All money placed into
the fund and the interest the fund accrues are hereby
appropriated to the department on a continuing basis for any
activities necessary to meet the requirements of this chapter.
* * *
§ 10701. [Legislative intent.
It is the intent of the General Assembly to establish a
reimbursement grant program under which persons who implement
projects that improve agriculture infrastructure in urban areas
and that focus on aggregation of agricultural products, sharing
of resources and support for community development resources may
be reimbursed some portion of the costs of the projects.]
(Reserved).
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§ 10702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Eligible project." A project that the department determines
does [all] one or more of the following:
(1) Improves agricultural infrastructure in an urban
area.
(2) Improves or facilitates the aggregation of
agricultural products in an urban area.
(3) Entails the sharing of resources among urban
agricultural operations, agricultural producers or community
organizations.
(4) Supports community or economic development in the
project area.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Program." The Urban Agricultural Infrastructure Grant
Program established under this chapter.
§ 10703. Grant program.
(a) Availability.--Grants under this chapter shall only be
offered [in a fiscal year in which and] to the extent funding is
made available to the department. The following apply:
(1) If funding is exhausted or otherwise unavailable,
the department shall be under no obligation to provide grants
under this chapter.
(2) Grant money may be prorated or offered as a
percentage of actual costs, as determined by the department
and set forth in an order by the secretary, to spread
available money to a larger number of eligible projects. The
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secretary shall transmit notice of an order to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
(b) Reimbursement grants.--Grants under this chapter shall
be reimbursement grants. The following shall apply:
(1) The amount of [reimbursement] a grant shall be based
on actual eligible costs submitted by an approved applicant
for an approved project [during any fiscal year in which
grants are offered].
(2) Grant [reimbursement money shall be limited to 50%
or less] money shall not exceed 85% of the costs of an
eligible project.
(3) Grant [reimbursement] money shall not be used to
reimburse any portion of an in-kind contribution to an
eligible project.
(4) Grant money may not be used to pay or reimburse
wages or salaries of grant recipient staff.
(5) Grant money may not be used to reimburse any portion
of the project costs which are being paid or reimbursed under
another Federal or State grant program.
(6) A single applicant may not be awarded more than
$100,000 in grants in any five-year period, calculated from
the date the department awards the grant.
* * *
(e) Application procedure.--An applicant who desires to
receive a program reimbursement grant shall submit a grant
application on a form provided by the department and in
accordance with program standards and requirements. The
application shall contain the following information and other
information as required by the department:
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* * *
(2) The details of the project for which reimbursement
grant money is sought, including the following:
* * *
(ii) A statement of the maximum amount of grant
money sought for the project[, not to exceed 50% of
project costs].
* * *
(viii) A description of how the project supports
community or economic development in the project area.
* * *
§ 10704. Distribution of grant money.
The department shall issue program reimbursement grant money
to pay [some] any portion of the costs of an eligible project
based upon the applicant's submission of a verified statement
that the eligible project has been completed or implemented,
including a statement of the project completion date, photos of
the completed or implemented project with a narrative
explanation of each photo, bills and invoices for which
reimbursement grant money is sought and other information as the
department may reasonably require.
§ 10902. [Findings and declarations.
The General Assembly finds and declares as follows:
(1) Agriculture is this Commonwealth's leading economic
enterprise. Unfortunately, the percentage of our population
directly involved in agriculture has decreased dramatically
over the last several decades. Knowledge about the sources of
our food and agriculture in Pennsylvania is not widespread in
our communities, particularly in less affluent areas.
Educational programs for young children providing hands-on
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experience with agriculture increases an awareness of what
constitutes a healthy diet. Thus, it is vital to inform the
future citizens of this Commonwealth about good eating
habits, while demonstrating the importance of the role of
local farms in achieving this crucial goal.
(2) The purposes of this program are to educate
prekindergartners through fifth graders and their families
about the importance of choosing healthy, locally produced
foods and increase awareness of Pennsylvania agriculture.
Furthermore, the initiative should aid Pennsylvania farmers
in gaining access to new markets within this Commonwealth.
Consequently, the Commonwealth should institute a program
including:
(i) Nutrition education involving student
participation which is integrated into regular subjects
in the curriculum of primary and secondary education
institutions.
(ii) Focusing on locally grown foods provided from
Pennsylvania farms.
(iii) Equipping teachers and other educators to
incorporate nutrition and agriculture education into
their instruction.
(iv) Providing for new direct marketing
opportunities for Pennsylvania farmers.
(v) Providing for family and community involvement,
including parent, caregiver and community group
participation in education activities.
(vi) Visits to nearby farms for school children so
they may understand and learn more about the sources of
their food.] (Reserved).
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§ 10904. Grant program.
(a) Authorization.--The department, in consultation with the
commission and the Department of Health, is authorized to
establish a program to award grants for the purpose of
developing the Farm-to-School Program [in prekindergarten
classes, kindergarten classes or elementary school classes
through the fifth grade] in this Commonwealth.
(b) Eligibility.--Any school district, school, charter
school [or], private school or center with prekindergarten
classes[, a kindergarten program or elementary school classes
through the fifth grade], kindergarten classes, elementary
classes or middle school classes through the eighth grade that
participates in a Federal child nutrition program may submit an
application to the department for funding a program.
(c) Program requirements.--The program shall contain the
following elements:
(1) [A list of Pennsylvania farmers who have agreed to
supply food products from Pennsylvania farms, verifiable by
the department.] The procurement of food and food products or
food-producing plants from a Pennsylvania farm.
(2) Nutrition and agriculture education, including
integration into regular classroom subjects.
(3) Training of teachers, cafeteria staff and other
educational staff on nutrition and agriculture education.
(4) The inclusion of parents, caregivers and community
groups in educational activities.
(5) Field trips to Pennsylvania farms or other direct
agricultural educational experiences which teach children
about sources of food and Pennsylvania agriculture.
(d) Program options.--An eligible applicant may use a grant
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awarded under this chapter to establish a school garden or
pollinator habitat and may use the school garden or pollinator
habitat to meet the requirements under subsection (c).
§ 10906. Applications and review of applications.
* * *
(b) Evaluation.--When reviewing applications, the secretary
shall evaluate applications annually on the basis of all of the
following:
(1) The ability of the applicant to complete the
program.
(2) The ability of the applicant to incorporate all of
the program requirements under section 10904(c) (relating to
grant program).
(3) The location of the school in an area where a high
percentage of the children are eligible to receive free or
reduced-price school meals.
(4) The potential of the program to increase knowledge
about nutrition and healthy eating habits for the children,
their caregivers and the community.
(5) The potential of the program to increase knowledge
about Pennsylvania agriculture for the children, their
caregivers and the community.
(6) The ability of the applicant to procure [locally
grown foods] Pennsylvania foods and products or plants for
the applicant's program.
(7) The potential of the program to increase markets for
[local] Pennsylvania agricultural producers.
(8) The number of people who will be served by the
program.
(9) The ability of the applicant to sustain the program.
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(10) The overall performance of the applicant if a grant
was received in a previous year.
Section 2. This act shall take effect immediately.
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