SENATE AMENDED
PRIOR PRINTER'S NOS. 428, 770 PRINTER'S NO. 2095
No. 401 Session of 1991
INTRODUCED BY COLE, BROUJOS, STAIRS, KREBS, SURRA, LEH, JOHNSON,
TRICH, ARMSTRONG, LLOYD, COY, RUDY, BOWLEY, CARONE, HERSHEY,
FLEAGLE, SEMMEL, ARNOLD AND BILLOW, FEBRUARY 12, 1991
SENATOR HELFRICK, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS
AMENDED, JUNE 25, 1991
AN ACT
1 Amending the act of September 20, 1961 (P.L.1541, No.657),
2 entitled, as reenacted and amended, "An act providing for the
3 issuing, administration, enforcement and termination of
4 marketing programs on agricultural commodities; imposing
5 powers and duties on the Secretary of Agriculture; providing
6 for the creation and operation of advisory boards;
7 prescribing the content of programs; and providing for the
8 imposition and collection of fees," further providing for the
9 vote on the review of the marketing program and for the
10 collection of producer charges by sales agents.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 8(a) of the act of September 20, 1961 <--
14 (P.L.1541, No.657), known as the Pennsylvania Agricultural
15 Commodities Marketing Act of 1968, reenacted and amended July
16 16, 1968 (P.L.359, No.179) and amended August 31, 1971 (P.L.425,
17 No.102), is amended to read:
18 SECTION 1. SECTION 4(A) OF THE ACT OF SEPTEMBER 20, 1961 <--
19 (P.L.1541, NO.657), KNOWN AS THE PENNSYLVANIA AGRICULTURAL
20 COMMODITIES MARKETING ACT OF 1968, REENACTED AND AMENDED JULY
1 16, 1968 (P.L.359, NO.179) AND AMENDED MAY 6, 1987 (P.L.1,
2 NO.1), IS AMENDED TO READ:
3 SECTION 4. COMMODITY MARKETING BOARD.--(A) (1) EVERY
4 MARKETING PROGRAM, ISSUED PURSUANT TO THIS ACT, SHALL PROVIDE
5 FOR THE ESTABLISHMENT OF A COMMODITY MARKETING BOARD, WHICH
6 SHALL HAVE PRIMARY DECISIONMAKING AUTHORITY RELATIVE TO
7 MARKETING CONTRACTS AND OTHER PROJECTS IN FURTHERANCE OF SUCH
8 PROGRAM. THE NUMBER, REPRESENTATION, QUALIFICATIONS AND TERMS OF
9 BOARD MEMBERS AND THE SCHEDULE OF REGULAR BOARD MEETINGS AND
10 PROCEDURE FOR CALLING SPECIAL BOARD MEETINGS SHALL BE
11 ESTABLISHED IN THE ISSUED MARKETING PROGRAM. NO MARKETING
12 PROGRAM SHALL BE ISSUED TO ESTABLISH A COMMODITY BOARD OF LESS
13 THAN FIVE MEMBERS, ONE OF WHOM SHALL BE THE SECRETARY, OR HIS
14 DESIGNEE. THE OTHER BOARD MEMBERS SHALL BE APPOINTED BY THE
15 SECRETARY FROM AMONG THE AGRICULTURAL PRODUCERS WHOSE
16 COMMODITIES SHALL BE SUBJECT TO THE MARKETING PROGRAM. IN MAKING
17 THESE APPOINTMENTS, THE SECRETARY SHALL CONSIDER NOMINATIONS
18 SUBMITTED BY THE PRODUCERS. NO DECISION BY THE BOARD SHALL BE
19 EFFECTIVE UNLESS, PURSUANT TO REGULAR OR SPECIAL MEETINGS, A
20 MAJORITY OF BOARD MEMBERS WERE PRESENT AND A MAJORITY OF THOSE
21 PRESENT VOTED IN SUPPORT OF THE DECISION. ALL DECISIONS RENDERED
22 BY THE BOARD SHALL BE RECORDED IN WRITTEN MINUTES OF THE
23 MEETING, AND THE RECORDED MINUTES SHALL BE MADE AVAILABLE TO THE
24 SECRETARY AND TO THE PRODUCERS WHOSE COMMODITIES ARE SUBJECT TO
25 THE MARKETING PROGRAM.
26 (2) IF THE SECRETARY REQUIRES SALES AGENTS TO COLLECT
27 PRODUCER CHARGES UNDER SECTION 10(B), AN ADDITIONAL MEMBER SHALL
28 BE APPOINTED TO THE BOARD BY THE SECRETARY. THIS MEMBER SHALL
29 REPRESENT THESE SALES AGENTS WHO ARE SUBJECT TO THE MARKETING
30 PROGRAM COLLECTION AGREEMENT. IN MAKING THE APPOINTMENT, THE
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1 SECRETARY SHALL CONSIDER NOMINATIONS BY THE SALES AGENTS.
2 * * *
3 SECTION 2. SECTION 8(A) OF THE ACT, AMENDED AUGUST 31, 1971
4 (P.L.425, NO.102), IS AMENDED TO READ:
5 Section 8. Marketing Program Review; Amendments.--(a) Every
6 five years the Secretary of Agriculture shall call a referendum
7 of affected producers within each agricultural commodity group
8 for which a marketing program exists to determine whether or not
9 [two-thirds] a majority of those voting still desire a
10 marketing program.
11 * * *
12 Section 2 3. Section 10(b) of the act, amended May 6, 1987 <--
13 (P.L.1, No.1), is amended to read:
14 Section 10. Collection of Fees.--* * *
15 (b) For the convenience of making collections of any
16 producers charges established pursuant to this section, the
17 secretary [may collect such charge from the sales agent of the
18 producer] shall have the authority and may, by regulation, upon
19 the request of a commodity marketing board, require sales agents
20 to collect producer charges upon the sale of the agricultural
21 commodity.
22 * * *
23 Section 3 4. This act shall take effect in 60 days. <--
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