PRINTER'S NO. 1838
No. 1522 Session of 1999
INTRODUCED BY NICKOL, ARGALL, ARMSTRONG, BAKER, CAPPABIANCA,
CLARK, EGOLF, FAIRCHILD, FARGO, GORDNER, HERSHEY, KREBS, LEH,
MAITLAND, MARSICO, MASLAND, R. MILLER, S. MILLER, ORIE,
PHILLIPS, PLATTS, ROSS, RUBLEY, SAYLOR, SEMMEL, SEYFERT,
SNYDER, STERN, E. Z. TAYLOR, WILT, WOJNAROSKI, ZUG AND
STEELMAN, MAY 12, 1999
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 12, 1999
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, adding provisions relating to seasonal farm labor;
3 providing for wages and hours, for regulations and
4 inspections, for access and entry, for registration of farm
5 labor contractors and for penalties; renumbering a part; and
6 making repeals.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Part VIII of Title 3 of the Pennsylvania
10 Consolidated States is repealed.
11 Section 2. Title 3 is amended by adding parts to read:
12 PART VIII
13 FARM LABOR
14 Chapter
15 81. Seasonal Farm Labor
16 CHAPTER 81
17 SEASONAL FARM LABOR
1 Subchapter
2 A. General Provisions
3 B. Wages and Hours
4 C. Regulations and Inspections
5 D. Access and Entry
6 E. Registration of Farm Labor Contractors and Prohibited
7 Activities of Employers and Farm Labor Contractors
8 F. Penalties and Remedies
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 8101. Short title of chapter.
13 8102. Intention.
14 8103. Definitions.
15 § 8101. Short title of chapter.
16 This chapter shall be known and may be cited as the Seasonal
17 Farm Labor Act.
18 § 8102. Intention.
19 The General Assembly declares its intention via this chapter
20 to improve the conditions of seasonal farmworkers by:
21 (1) Establishing standards for their:
22 (i) Wages.
23 (ii) Hours.
24 (iii) Conditions of work.
25 (2) Ensuring the adequacy of housing provided to
26 seasonal farmworkers and certain other farmworkers by
27 establishing standards for:
28 (i) Housing.
29 (ii) Sanitation of housing and food facilities.
30 (iii) Fire protection.
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1 (iv) Safety.
2 (3) Requiring permits for the operation and occupancy of
3 regulated farm labor camps.
4 (4) Making unlawful the practices by which seasonal
5 farmworkers may be isolated from the community and from
6 services to which they are by law entitled.
7 (5) Limiting child labor among seasonal farmworkers.
8 § 8103. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Committee." The Seasonal Farm Labor Committee in the
13 Department of Agriculture.
14 "Department." The Department of Agriculture of the
15 Commonwealth.
16 "Employer." An individual, firm, partnership, association,
17 trust, corporation, receiver or other officer of a court of this
18 Commonwealth, or a person or group of persons acting directly or
19 indirectly in the interest of an employer in relation to any
20 employee, employing or permitting to work a seasonal farmworker
21 in this Commonwealth, including a farmer, grower, nurseryman or
22 landowner who employs, or on whose premises or in whose interest
23 is employed, a seasonal farmworker. The term excludes a farmer,
24 grower, nurseryman or landowner who meets both the following
25 criteria:
26 (1) Does not employ 11 or more persons to perform
27 agricultural labor during any one day of the current calendar
28 year.
29 (2) Did not use more than 500 man-days of agricultural
30 labor, as defined in section 103(b) of the Fair Labor
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1 Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 203(u)),
2 during any period of three consecutive calendar months of the
3 previous calendar year.
4 "Farm labor contractor." A person who for payment, wages,
5 salary, fees or other consideration, either for himself or on
6 behalf of another person, recruits, solicits, hires, furnishes
7 or transports five or more seasonal farmworkers, excluding
8 members of a seasonal farmworker's immediate family, in a
9 calendar year for employment in agriculture or in agriculturally
10 related industry. The term excludes a:
11 (1) Person, firm, partnership, association or
12 corporation which is the holder of a valid and current
13 license under the act of July 31, 1941 (P.L.616, No.261),
14 known as the Employment Agency Law.
15 (2) Nonprofit, charitable organization.
16 (3) Public or nonprofit private educational institution,
17 or similar organization.
18 (4) Farmer, grower, nurseryman, landowner or immediate
19 family member or permanent employee of a farmer, grower,
20 nurseryman or landowner who engages in farm labor contracting
21 activities exclusively for the farmer's, grower's,
22 nurseryman's or landowner's own operation regardless of
23 whether the farmer, grower, nurseryman or landowner is
24 incorporated or is otherwise organized for business purposes.
25 (5) Person who engages in such activity for the purpose
26 of obtaining seasonal farmworkers of a foreign nation for
27 employment in the United States if the employment is subject
28 to:
29 (i) an agreement between the United States and the
30 foreign nation; or
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1 (ii) an arrangement with the government of a foreign
2 nation under which written contracts for the employment
3 of seasonal farmworkers are provided for through the
4 United States by an instrumentality of the foreign
5 nation.
6 "Person." An individual, firm, partnership, association,
7 trust, corporation, receiver or any other organization. In the
8 case of a corporation, association or other organization, the
9 term includes any officer, director, manager, agent or employee
10 who has knowledge of a conduct or condition and has supervisory
11 responsibility over the conduct or condition.
12 "Regulated farm labor camp."
13 (1) Regardless of whether or not rent is paid or
14 reserved for occupancy, any:
15 (i) Premises owned, leased or operated by an
16 employer or farm labor contractor in which at least four
17 seasonal farmworkers are being housed directly or
18 indirectly in connection with work to be performed for or
19 on behalf of the employer or farm labor contractor.
20 (ii) Individual housing unit owned, leased or
21 operated by an employer or farm labor contractor in which
22 at least four farmworkers are being housed directly or
23 indirectly in connection with work to be performed for or
24 on behalf of the employer or farm labor contractor.
25 (2) When conditions prescribed in paragraph (1) are met,
26 the term includes:
27 (i) Any living quarters, including, but not limited
28 to, any housing accommodations, motel, rooming house,
29 dormitory or mobile home.
30 (ii) Any area or site set aside and provided for
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1 camping.
2 (iii) The immediate premises or site upon which the
3 living quarters, area or site is situated.
4 (iv) The facilities necessary to or associated with
5 the living quarters, area or site.
6 (3) The term excludes buildings reserved exclusively for
7 the personal use of the landowner.
8 "Seasonal farm labor." Labor or employment engaged in by an
9 individual defined in this chapter as a seasonal farmworker.
10 "Seasonal farmworker." An individual employed in raising,
11 cultivating, fertilizing, seeding, planting, pruning,
12 harvesting, gathering, washing, sorting, weighing or handling,
13 drying, packing, packaging, grading, storing or delivering to
14 market, to storage or to a carrier for transportation to market
15 in its unmanufactured state an agricultural commodity as defined
16 in 3 Pa.C.S. § 4502 (relating to definitions), or a farm product
17 on a seasonal or other temporary basis. The term includes an
18 individual, irrespective of the individual's primary employment,
19 while he performs agricultural labor on a seasonal or other
20 temporary basis, except an individual who commutes daily from
21 his permanent residence to the worksite, unless transportation
22 is provided to the individual by a farm labor contractor. The
23 term excludes a worker who is employed in a position which,
24 under normal circumstances, is intended by the employer to
25 provide permanent employment, regardless of the tasks performed
26 by the worker.
27 SUBCHAPTER B
28 WAGES AND HOURS
29 Sec.
30 8111. Minimum wages.
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1 8112. Piece rates.
2 8113. Employment of minors.
3 8114. Prohibition of sexual discrimination.
4 8115. Required records and notice to workers.
5 8116. Wage payment.
6 8117. Hours of labor.
7 8118. Powers and duties of Department of Labor and Industry.
8 § 8111. Minimum wages.
9 (a) Minimum hourly rate.--Except as may otherwise be
10 provided in this chapter, an employer of seasonal farm labor
11 shall pay to each seasonal farmworker wages at a rate as great
12 or greater than the minimum hourly wage rate in force under the
13 act of January 17, 1968 (P.L.11, No.5), known as The Minimum
14 Wage Act of 1968, at the time payment is due to the seasonal
15 farmworker. Wages shall be paid at these rates notwithstanding
16 any contrary provision or exclusion relating to labor on a farm
17 in The Minimum Wage Act of 1968.
18 (b) Workweek.--No employer shall be required to pay wages at
19 a rate greater than that provided for in subsection (a) even if
20 the number of hours worked by a seasonal farmworker in any one
21 workweek exceeds 40 hours.
22 § 8112. Piece rates.
23 (a) Piece rates in lieu of hourly rates.--Notwithstanding
24 the provisions of section 8111 (relating to minimum wages), an
25 employer of seasonal farm labor may adopt a piece rate or rates,
26 or differential piece rate or rates, as a basis for or a partial
27 or additional basis for the compensation of seasonal farm
28 workers in his employment. A piece rate or rates or differential
29 piece rate or rates shall yield to each seasonal farmworker
30 employed by the employer, in each and every workweek, at least
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1 as much as the applicable minimum hourly wage rate which the
2 seasonal farmworker would have received under section 8111 in
3 the same workweek.
4 (b) Applicability to minors.--An employer of seasonal farm
5 labor who adopts a piece rate or rates or differential piece
6 rate or rates as a basis for or a partial or additional basis
7 for the compensation of seasonal farmworkers employed by the
8 employer shall apply the piece rate or rates or differential
9 piece rate or rates to the work done by a minor employed by the
10 employer in the same manner as the rates are applied to adult
11 workers, and shall compensate the minor at the rates as they are
12 applied to work done by adult workers, subject to the minimum
13 wage provisions of section 8111.
14 § 8113. Employment of minors.
15 (a) Age.--Excluding any member of an employer's immediate
16 family, no minor under 14 years of age may be required to work
17 or be penalized for failure to work as a seasonal farmworker.
18 (b) Applicability of other laws.--A minor from 14 years of
19 age to 17 years of age inclusive who is employed or permitted to
20 work as a seasonal farmworker, the employer of the minor and the
21 school district wherein the minor is so employed shall be
22 subject to the act of May 13, 1915 (P.L.286, No.177), known as
23 the Child Labor Law, and the provisions relating to child labor
24 in the act of June 23, 1931 (P.L.923, No.309), entitled "An act
25 to prohibit the employment in any factory or cannery, or in
26 berry, fruit and vegetable raising and harvesting, in this
27 Commonwealth, of any child under sixteen years of age, residing
28 in another state, during the time when the laws of the state of
29 such child's residence require his attendance at school, to
30 regulate the conditions of such employment of such child during
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1 the time when the laws of the state of such child's residence do
2 not require his attendance at school, to prescribe the duties of
3 the employer of such child, to provide for the issuance of
4 school requirement certificates for children resident in this
5 Commonwealth desiring such employment in other states; providing
6 for the enforcement of this act by certain officers, and
7 defining the procedure in prosecutions thereunder; providing
8 penalties for the violation of the provisions thereof; and
9 repealing all acts or parts of acts inconsistent therewith,"
10 except that no minor may be employed between the hours of 7 a.m.
11 and one hour following the end of the school day for any regular
12 school day of the school district in which the minor is then a
13 resident, whether or not the minor is registered as a pupil in
14 the school district.
15 § 8114. Prohibition of sexual discrimination.
16 No employer of seasonal farm labor may discriminate between
17 workers on the basis of sex by paying wages to workers at a rate
18 less than the rate at which the employer pays wages to workers
19 of the opposite sex for equal work on jobs wherein the
20 performance requires equal skill, effort and responsibility, and
21 which are performed under similar working conditions, except
22 where the payment is made pursuant to an established system
23 which measures earnings by quantity or quality of production.
24 The Department of Labor and Industry has the power, and it shall
25 be its duty, to carry out and administer the provisions of this
26 section pursuant to the act of December 17, 1959 (P.L.1913,
27 No.694), known as the Equal Pay Law.
28 § 8115. Required records and notice to workers.
29 (a) Records.--
30 (1) An employer of seasonal farm labor and a farm labor
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1 contractor shall make, keep and preserve the following
2 records, including the:
3 (i) Social Security number of the persons employed
4 by them, or the persons contracted for or recruited by
5 them, or employed under their supervision.
6 (ii) Wages, hours, wage rate or rates, piece rate or
7 rates and other conditions and practices of employment
8 maintained by them.
9 (2) An employer of seasonal farm labor and a farm labor
10 contractor shall preserve the records under paragraph (1) for
11 the periods of time, and shall report therefrom, as required
12 by United States law or regulation, by Commonwealth law or
13 regulation and by the local taxing body. Records must include
14 satisfactory evidence of timely payment of wages, either by
15 signed receipt or by check endorsed by the payee.
16 (b) Notice.--At the time of payment of wages, salaries or
17 other compensation for time, labor or work performed, an
18 employer of seasonal farm labor shall furnish to each seasonal
19 farmworker a written statement in the manner and in the form as
20 may be prescribed by the Department of Revenue, showing all of
21 the following:
22 (1) Amount of compensation paid by the employer to the
23 seasonal farmworker.
24 (2) Wage rate or rates.
25 (3) Hours worked.
26 (4) Piece rate or rates.
27 (5) Units of work performed, if applicable.
28 (6) Computation of gross compensation.
29 (7) Amounts deducted or withheld for every purpose.
30 (8) Other information as the Department of Revenue
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1 prescribes.
2 § 8116. Wage payment.
3 (a) Weekly payment.--Notwithstanding any contrary provisions
4 of the act of July 14, 1961 (P.L.637, No.329), known as the Wage
5 Payment and Collection Law, an employer of seasonal farm labor
6 shall pay directly all wages due to a seasonal farmworker, on
7 account of time, labor or employment in a calendar week,
8 including payment for piece rates or differential piece rates,
9 excepting only lawful deductions, on regular paydays designated
10 in advance by the employer. In no case may regular paydays be
11 designated by the employer to occur more than seven days after
12 the end of the calendar week.
13 (b) Form of payment.--Wages shall be paid in lawful money of
14 the United States by cash or check.
15 (c) Payment after termination of employment.--
16 Notwithstanding any provisions of subsection (a) or of any other
17 law, an employer of seasonal farm labor, pursuant to subsection
18 (b), shall fully pay all wages or other compensation for time,
19 labor and employment, due and payable to a seasonal farmworker
20 no later than the next regular payday applicable to the seasonal
21 farmworker under subsection (a) after termination of the period
22 of employment for which the seasonal farmworker was employed.
23 Payment must be made before the closing of the regulated farm
24 labor camp. Payment to a terminated seasonal farmworker not
25 personally appearing on the next regular payday or camp closing
26 may be made by first class mail sent to the address which the
27 employer reasonably believes is the terminated seasonal
28 farmworker's permanent residence or to any address which the
29 employer reasonably believes the payment will likely be received
30 by the terminated worker. An employer does not violate this
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1 subsection if the employer makes full payment of all wages or
2 compensation due and payable to a terminated seasonal farmworker
3 in accordance with a mutual agreement made between the employer
4 and the terminated seasonal farmworker.
5 (d) Deductions from wages.--No employer of seasonal farm
6 labor may deduct, withdraw, withhold or otherwise retain from
7 the wages of a seasonal farmworker an amount on account of debts
8 accrued or anticipated, regardless of purposes or circumstances.
9 However, nothing in this subsection prohibits an employer of
10 seasonal farm labor from deducting or withholding from wages
11 paid such amounts as may be required on account of any:
12 (1) Tax.
13 (2) Dues payable to a recognized labor organization.
14 (3) Contribution or voluntary subscription for the
15 support of a charitable organization or institution.
16 (4) Premium or other charge due from the seasonal farm
17 worker for group insurance pursuant to a contract with an
18 insurance company or with any nonprofit corporation providing
19 medical, osteopathic, dental or legal services.
20 (5) Reasonable charges for housing and meals provided by
21 the employer, which the seasonal farmworker has authorized in
22 writing.
23 (6) Amount or partial amount of an advance payment by
24 the employer to the seasonal farmworker against subsequent
25 earnings pursuant to a contract or prior agreement with the
26 seasonal farmworker.
27 (e) Restriction of agency.--With respect to the payment of
28 wages or other compensation, no employer of seasonal farm labor
29 may designate as the employer's agent, or permit to act or
30 perform as the employer's agent, a farm labor contractor or a
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1 person engaged in activities as a farm labor contractor, except
2 as provided in subsection (f). This subsection does not apply to
3 a person, firm, partnership, association or corporation which
4 holds a current and valid license under the act of July 31, 1941
5 (P.L.616, No.261), known as the Employment Agency Law, or the
6 farmer, grower, nurseryman or landowner acting as his own farm
7 labor contractor.
8 (f) Permissible agency.--An employer may allow a farm labor
9 contractor to act as the employer's agent if an employer of
10 seasonal farmworkers furnishes a statement to each seasonal
11 farmworker which includes the wage rate or rates, piece rate or
12 rates and other conditions and practices of employment which
13 have been agreed upon prior to hiring and also posts the
14 statement in a place easily accessible to the seasonal
15 farmworkers. For the purposes of section 8115(b) (relating to
16 required records and notice to workers) and this section, the
17 farm labor contractor shall be considered to be the employer if
18 the employer decides to allow a farm labor contractor to act as
19 the employer's agent.
20 (g) Construction.--No provision of this section shall be
21 construed to deprive any seasonal farmworker of a right or
22 privilege to which the seasonal farmworker is or would be
23 entitled under a law of this Commonwealth or by any rules or
24 regulations promulgated pursuant to that law.
25 § 8117. Hours of labor.
26 (a) Prohibition.--No seasonal farmworker may be required to
27 work or be penalized for failure to work on any premises for
28 more than:
29 (1) Six days in any one week.
30 (2) 48 hours in any one week.
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1 (3) Ten hours in any one day.
2 (b) Limitation.--Whenever a seasonal farmworker is employed
3 or permitted to work on the premises of more than one employer
4 in any one week or in any one day, the aggregate number of hours
5 during which the seasonal farmworker may be required to work on
6 all the premises may not exceed 48 hours in any one week or 10
7 hours in any one day.
8 (c) Mandatory break.--No seasonal farmworker may be required
9 to work continuously for more than five hours on any premises
10 without a meal or rest period of at least 30 minutes, which
11 period need not be considered a part of the hours of labor. No
12 meal or rest period of less than 30 minutes may be deemed to
13 interrupt a continuous period of work.
14 § 8118. Powers and duties of Department of Labor and Industry.
15 The Department of Labor and Industry is authorized and has
16 the duty to:
17 (1) Promulgate and enforce rules and regulations for the
18 enforcement and implementation of this subchapter.
19 (2) Investigate or cause to be investigated all matters
20 which may aid in carrying out this subchapter, including the
21 investigation of a complaint filed with it regarding a
22 violation of this subchapter, or with respect to which it
23 reasonably believes that any person has violated this
24 subchapter and may, in connection therewith:
25 (i) Enter and inspect any premises.
26 (ii) Inspect records and make transcriptions
27 thereof.
28 (iii) Question such persons.
29 (iv) Investigate facts, conditions, practices or
30 matters as may be necessary or appropriate to determine
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1 whether a violation of this subchapter has been
2 committed.
3 (3) Gather and compile data and information relative to
4 the enforcement of this subchapter for the purpose of
5 ascertaining conditions under which seasonal farmworkers are
6 recruited, employed, compensated and protected in this
7 Commonwealth and file reports with the Governor and the
8 General Assembly showing the results of its investigations
9 and of the compilation of data and information.
10 (4) Conduct field surveys and censuses adequate to
11 determine the number, location, character and the condition
12 of seasonal farmworkers and the needs of the workers and of
13 the employers in cooperation with the Department of
14 Environmental Protection, Department of Agriculture,
15 Department of Health, Department of Public Welfare,
16 Department of Education, Department of Community and Economic
17 Development and any other executive departments and
18 governmental agencies.
19 (5) Report annually to the Governor and General Assembly
20 the results of the field surveys and censuses and recommend
21 legislative and executive action to improve service and
22 enforcement programs relating to seasonal farmworkers and
23 their employers.
24 (6) Enter into agreements with the United States
25 Department of Labor for enforcement of any law or the
26 performance of any function under section 513 of the Migrant
27 and Seasonal Agricultural Worker Protection Act (Public Law
28 97-470, 29 U.S.C. § 1863).
29 (7) Enter into agreements with appropriate agencies of
30 any other state or states for the enforcement of any
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1 provision or the performance of any function under this
2 subchapter.
3 (8) Enforce or cause to be enforced this subchapter and
4 cooperate with other executive departments and governmental
5 agencies of the Commonwealth, United States or any other
6 state or political subdivision or with other persons or
7 organizations in the enforcement of this subchapter.
8 SUBCHAPTER C
9 REGULATIONS AND INSPECTIONS
10 Sec.
11 8131. Rules and regulations.
12 8132. Inspections and entry.
13 8133. Permit to operate a regulated farm labor camp.
14 8134. Enforcement orders.
15 8135. Review of departmental actions.
16 8136. Potable water and toilet facilities.
17 § 8131. Rules and regulations.
18 (a) Seasonal Farm Labor Committee.--There is hereby
19 established in the department a Seasonal Farm Labor Committee
20 consisting of the Secretary of Agriculture or the secretary's
21 designee, who shall be chairman, the Secretary of Environmental
22 Protection or the secretary's designee, the Secretary of Labor
23 and Industry or the secretary's designee, the Secretary of
24 Health or the secretary's designee, and six persons appointed by
25 the Governor. Three of the gubernatorial appointees shall be
26 employers of seasonal farm laborers or persons with experience
27 in using seasonal farm labor for agricultural purposes and shall
28 be selected from lists submitted by employer organizations. The
29 remaining three gubernatorial appointees shall be
30 representatives of Statewide organizations or agencies actively
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1 engaged in the welfare of seasonal farmworkers. Terms of
2 gubernatorial appointees endure four years from the dates of
3 their appointment. Gubernatorial appointees shall be reimbursed
4 for necessary expenses actually incurred in performing their
5 duties under this section.
6 (b) Department regulations.--The department, subject to the
7 provisions for receipt of prior comment from the committee,
8 shall adopt, amend and repeal appropriate rules and regulations
9 necessary to:
10 (1) Assure safe, healthful employment and places of
11 employment for seasonal farmworkers.
12 (2) Provide safe, healthful and sanitary regulated farm
13 labor camps including standards for:
14 (i) Housing.
15 (ii) Sanitation.
16 (iii) Food facilities.
17 (iv) Fire protection.
18 (v) Safety.
19 (3) Establish criteria for carrying out the functions of
20 the department under this chapter.
21 (c) Limitation.--The department has no power to adopt rules
22 and regulations for seasonal farm labor or regulated farm labor
23 camps unless it has received written comments on the proposed
24 rules or regulations from the committee or until 60 calendar
25 days have expired from the date when the rules and regulations
26 were submitted by the department to the committee for its
27 comments.
28 § 8132. Inspections and entry.
29 (a) Inspections.--The department shall inspect each
30 regulated farm labor camp from time to time during a calendar
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1 year. At least one inspection shall be made prior to the
2 issuance or renewal of a permit for a regulated farm labor camp.
3 Inspectors are authorized to consult with and to assist camp
4 owners and operators with respect to the requirements of this
5 chapter, the rules and regulations or permits issued under this
6 chapter and other relevant statutes and ordinances. Inspectors
7 shall ascertain and report to the department the violations of
8 this chapter or violations of rules and regulations or permits
9 issued under this chapter as well as violations of other acts,
10 rules and regulations apparent in the course of an inspection.
11 Inspectors shall provide each camp owner or operator a copy of
12 the inspection sheet immediately following the inspection.
13 (b) Entry.--For the purpose of this chapter, properly
14 identified officers and agents of the department may enter and
15 inspect:
16 (1) Public or private property to determine whether
17 there exists any camp to which this chapter applies.
18 (2) All camps, wherever situated, and all sites,
19 accommodations, equipment or facilities associated with them.
20 (3) Land immediately surrounding any camp, excluding
21 that reserved solely for the owner's personal use, to
22 determine compliance with the requirements of this chapter,
23 rules and regulations, as well as permits or orders issued
24 under this chapter or any other act.
25 It is unlawful for any person to prevent, interfere with or
26 hinder properly identified officers and agents of the department
27 when such an officer or agent attempts to exercise any power
28 authorized by this subsection.
29 (c) Request for inspection.--An occupant of a regulated farm
30 labor camp or representative thereof who believes that a
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1 violation of this chapter, rules and regulations, permits or
2 orders issued under this chapter or of any other act may request
3 an inspection by giving notice to the department of the
4 violation. Notice must be reduced to writing and set forth with
5 reasonable particularity the grounds for the notice and be
6 signed by the occupant of a regulated farm labor camp or
7 representative thereof. A copy must be provided the employer or
8 the employer's agent no later than at the time of inspection,
9 except that, upon the request of the person giving the notice,
10 that person's name and the names of individual occupants of a
11 regulated farm labor camp referred to therein shall not appear
12 in the copy. If, upon receipt of notification, the department or
13 its authorized representative determines there are reasonable
14 grounds to believe that a violation exists, it shall inspect in
15 accordance with this subsection, as soon as practical, to
16 determine if the violation exists. If the department institutes
17 enforcement proceedings on the basis of a notice provided for in
18 this subsection, it shall timely inform the employer the name of
19 the person who filed the notice. If the department determines
20 there are no reasonable grounds to believe that a violation
21 exists, it shall notify the occupants of the regulated farm
22 labor camp or representative thereof in writing of the
23 determination.
24 § 8133. Permit to operate a regulated farm labor camp.
25 (a) Application.--A person who desires to operate a
26 structure, facility or site as a regulated farm labor camp shall
27 apply for and obtain from the department a permit authorizing
28 the structure, facility or site to be operated as a regulated
29 farm labor camp prior to occupancy. Application for a permit to
30 operate and occupy a regulated farm labor camp must be made at
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1 least 60 calendar days prior to the first date of occupancy. The
2 application must specify:
3 (1) The period for which permission to occupy the
4 regulated farm labor camp is requested.
5 (2) The date, which shall be at least 45 days prior to
6 the first date for which permission to occupy is requested,
7 when the camp will be ready for inspection.
8 (3) The maximum number of occupants for which facilities
9 will be provided.
10 (4) If the applicant is not the owner, the name and
11 address of the owner.
12 (5) Other information as may be required by the
13 department to properly evaluate the application.
14 (b) Issuance and renewal.--The department may not issue or
15 renew a permit authorizing the occupancy of a regulated farm
16 labor camp until an inspection is completed and the department
17 finds that the camp facilities comply with the regulations
18 applicable to regulated farm labor camps adopted under this
19 chapter and will not result in the exposure of occupants to
20 unhealthy, unsanitary or unsafe conditions. In the event the
21 department fails to conduct an inspection within 60 calendar
22 days following receipt of a complete application for a permit to
23 occupy a camp, a permit to occupy shall be deemed to have been
24 issued under this chapter and is effective until an inspection
25 is conducted and the department acts upon the permit
26 application. Permits issued under this chapter are limited to
27 the term of occupancy requested, but may not exceed one year,
28 and shall specify the maximum number of occupants who may occupy
29 the approved camp facilities.
30 (c) Revocation.--The department may revoke a permit issued
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1 under this section prior to expiration of the permit if, after
2 inspection, the department finds a violation of the permit, this
3 chapter or any applicable standard or any condition at the
4 regulated farm labor camp which would provide sufficient reason
5 for refusing to issue or renew such permit. Revocation shall be
6 accomplished by written notice to the permittee, which must be
7 served personally or via certified mail. The notice shall
8 specify the reasons for revocation and set a date by which the
9 violation or unhealthy, unsanitary or unsafe condition must be
10 corrected or the regulated farm labor camp vacated. The date for
11 vacation must be at least ten calendar days after the issuance
12 of the notice unless the department finds that a condition
13 exists which presents a substantial risk to life, health or
14 safety. Revocation shall be effective on the date set in the
15 notice for vacation unless, prior to the effective date, an
16 affected person has obtained a supersedeas in accordance with
17 the rules of administrative practice and procedure of the
18 department. Failure by a permittee to close a regulated farm
19 labor camp after a revocation becomes effective violates this
20 section.
21 (d) Liability.--An owner of any premises leased to another
22 for operation as a regulated farm labor camp is not liable for a
23 violation of this chapter which is committed by the operator of
24 that regulated farm labor camp.
25 § 8134. Enforcement orders.
26 (a) Abatement.--
27 (1) The department may issue orders requiring the
28 abatement of any violation of this chapter or any rule or
29 regulation adopted under section 8131 (relating to rules and
30 regulations) or any condition which may be unhealthy,
19990H1522B1838 - 21 -
1 unsanitary or unsafe to which seasonal farmworkers or
2 occupants of regulated farm labor camps are exposed. An order
3 issued under this subsection shall:
4 (i) Be written.
5 (ii) Identify the person or persons to whom it
6 applies, including officers of corporations.
7 (iii) Specify the violations and conditions which
8 are to be abated.
9 (2) An order issued under this subsection may establish
10 a schedule of abatement and require the submission of an
11 abatement plan or specify the abatement action to be taken,
12 including, but not limited to, the temporary or permanent
13 closing of identified regulated farm labor camp facilities.
14 (b) Service.--An order issued under this section must be
15 served personally or via certified mail and is effective upon
16 receipt.
17 § 8135. Review of departmental actions.
18 (a) Effectiveness.--A departmental action under this chapter
19 shall be effective unless a supersedeas is obtained in
20 accordance with the rules of administrative practice and
21 procedure of the department.
22 (b) Judicial review.--An aggrieved party to a proceeding
23 under subsection (a), including the department, may obtain
24 judicial review thereof.
25 § 8136. Potable water and toilet facilities.
26 The employer shall provide in the working area of any
27 premises where seasonal farmworkers are employed or permitted to
28 work a sufficient supply of cool, potable water and, within a
29 reasonable distance of the working area, sufficient, suitable
30 and separate toilet facilities.
19990H1522B1838 - 22 -
1 SUBCHAPTER D
2 ACCESS AND ENTRY
3 Sec.
4 8151. Tenancy rights.
5 8152. Prohibition of interference.
6 8153. Privileged persons.
7 § 8151. Tenancy rights.
8 Regardless of any contract of rental or lease or any
9 consideration given for the right or privilege of residence, a
10 seasonal farmworker who resides, for whatever time, in a
11 structure or property owned, leased or operated by an employer
12 or farm labor contractor and occupied during at least six months
13 in a calendar year shall be deemed to be the tenant in
14 possession and has every right and recourse to law as if the
15 seasonal farmworker were the tenant in possession for the time
16 as the seasonal farmworker shall reside therein, including, but
17 not limited to, the right to at least three days' notice prior
18 to eviction from the structure or property. If a seasonal
19 farmworker resides with one or more dependents in the structure
20 or property, the seasonal farmworker and the seasonal
21 farmworker's family shall be given at least two weeks' notice
22 prior to eviction.
23 § 8152. Prohibition of interference.
24 No person may prohibit, bar, interfere with or attempt to
25 prohibit, bar or interfere with reasonable access to or egress
26 from the grounds of a regulated farm labor camp by a privileged
27 person by:
28 (1) The erection or maintenance of any physical barrier.
29 (2) Physical force or violence.
30 (3) Threat of force or violence.
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1 (4) Posting.
2 (5) Any order of notice in any manner.
3 For purposes of section 8153 (relating to privileged persons)
4 and this section, a person privileged under section 8153(b)(1)
5 or (2) who has failed to comply with the requirements of section
6 8153(c) shall not be considered to have reasonably accessed or
7 egressed the grounds of a regulated farm labor camp.
8 § 8153. Privileged persons.
9 (a) Governmental agents.--Entrance to or egress from the
10 premises of a regulated farm labor camp shall not be denied by
11 any means, nor shall a person attempt to deny or to limit access
12 to or egress from a regulated farm labor camp at any time to an
13 inspector employed by an executive department or governmental
14 agency or service of the United States, the Commonwealth, a
15 political subdivision or the executive or administrative officer
16 of the executive department or governmental agency or service or
17 the officer's authorized representative who shall, upon request,
18 present proper identification to the owner.
19 (b) Other persons.--Reasonable entrance to or egress from
20 the premises of a regulated farm labor camp shall not be denied
21 by any means, nor shall a person attempt to deny or limit
22 reasonable access to or egress from a regulated farm labor camp
23 to any:
24 (1) Guests of occupants.
25 (2) Persons working under the auspices of private
26 organizations whose primary objective on entering the
27 premises is the health, safety, welfare or dignity of
28 farmworkers.
29 (3) Individual, group or public agency whose primary
30 purpose is to provide a service to the owner of a regulated
19990H1522B1838 - 24 -
1 farm labor camp rather than the occupants thereof.
2 For purposes of section 8152 (relating to prohibition of
3 interference) and this section, a person privileged under this
4 subsection who has failed to comply with the notification
5 requirements of subsection (c) shall not be considered to have
6 reasonably accessed or egressed a regulated farm labor camp.
7 (c) Notification.--A person privileged to enter under
8 subsection (b) who desires to enter the grounds of a regulated
9 farm labor camp shall, immediately prior to each entry, notify
10 the owner or operator of the person's identity and intention to
11 enter the grounds. A person privileged under subsection (b)(2)
12 shall also identify the organization under whose auspices the
13 person is working. Notification may be made by the privileged
14 person in person, in writing, by telecommunications or any
15 manner provided by the owner or operator of the regulated farm
16 labor camp. If, at the time the privileged person intends to
17 enter the camp, the person cannot reasonably discover the
18 whereabouts of the owner or operator of the regulated farm labor
19 camp and has no reasonable means to provide notification prior
20 to entering the grounds, the privileged person shall orally
21 provide the prescribed notification to the owner or operator or
22 provide the notification in writing at the owner's or operator's
23 residence within 24 hours of entry onto the grounds.
24 SUBCHAPTER E
25 REGISTRATION OF FARM LABOR CONTRACTORS AND PROHIBITED
26 ACTIVITIES OF EMPLOYERS AND FARM LABOR CONTRACTORS
27 Sec.
28 8161. Annual registration.
29 8162. Registration, application and renewal.
30 8163. Qualifications of registrants.
19990H1522B1838 - 25 -
1 8164. Exemptions.
2 8165. Prohibited activities.
3 8166. Departmental powers and duties.
4 § 8161. Annual registration.
5 (a) Requirement.--No person may act as a farm labor
6 contractor unless the person possesses or has applied for a
7 certificate of registration issued by the department. A
8 certificate of registration may not be transferred or assigned.
9 A certificate shall be effective until midnight of December 31
10 of the year during which it is issued, unless suspended or
11 revoked under this chapter. Upon request, the registrant shall
12 display the certificate of registration to a:
13 (1) Representative of an executive department of the
14 Commonwealth.
15 (2) Peace officer.
16 (3) Person who is a contractor or a prospective
17 contractor for farm labor services.
18 (4) Seasonal farmworker or prospective seasonal
19 farmworker.
20 (5) Employer or prospective employer of seasonal farm
21 labor.
22 (6) Qualified officer of the United States or of any
23 political subdivision.
24 (b) Emergency registration.--Notwithstanding subsection (a),
25 if an employee of an individual farmer, grower, nurseryman or
26 landowner engages in the activities of a farm labor contractor
27 on an emergency basis solely for the benefit of his employer's
28 operation, the employee may apply for a certificate of
29 registration from the department after having engaged in that
30 activity.
19990H1522B1838 - 26 -
1 § 8162. Registration, application and renewal.
2 The department shall issue to a qualified registrant a
3 certificate of registration, subject to the rules and
4 regulations and upon payment of a fee as the department shall
5 require. The department shall renew a certificate of
6 registration previously issued upon application by the
7 registrant, subject to the qualifications, rules and regulations
8 required of a new applicant and upon payment of any renewal fee
9 which the department may require. The department shall prescribe
10 the form of application for registration and for renewal of
11 registration and supply these application forms upon request.
12 § 8163. Qualifications of registrants.
13 After notice, the department may refuse to issue a
14 certificate of registration and may suspend or revoke a
15 certificate previously issued if it finds that the applicant or
16 registrant has:
17 (1) Violated this chapter or any rules or regulations
18 promulgated under this chapter.
19 (2) Made a deliberate misrepresentation or knowingly
20 made a false statement in or with respect to an application
21 for registration or renewal.
22 (3) Failed to comply with the provisions of 75 Pa.C.S.
23 (relating to vehicles) or other law of this Commonwealth or a
24 United States statute or rule related to the regulation or
25 operation of motor vehicles for the transportation of persons
26 or property by motor vehicle.
27 (4) Failed to apply for and obtain a certificate of
28 registration when required by section 101 of the Migrant and
29 Seasonal Agricultural Worker Protection Act (Public Law 97-
30 470, 29 U.S.C. § 1811) or whose certificate of registration
19990H1522B1838 - 27 -
1 under that act has expired and has not been renewed or has
2 been suspended or revoked.
3 (5) Violated a provision of the Migrant and Seasonal
4 Agriculture Worker Protection Act.
5 Refusal to issue or to renew a certificate or registration or
6 the suspension or revocation of a certificate or renewal shall
7 be in addition to any other penalties provided by this chapter
8 or any other law. An applicant or registrant who has been
9 refused a certificate of registration or who has had his
10 certificate of registration revoked or suspended under this
11 section has the right to file an appeal, within 30 days of
12 receipt of notice of such refusal, revocation or suspension,
13 with the department under 2 Pa.C.S. Ch. 5 Subch. A (relating to
14 practice and procedure of Commonwealth agencies) and Ch. 7
15 Subch. A (relating to judicial review of Commonwealth agency
16 action).
17 § 8164. Exemptions.
18 (a) Employees.--A full-time or regular employee of a person
19 holding a valid certificate of registration under this chapter
20 who has been designated an agent of the registrant and who is
21 employed partly or solely for the purpose of engaging in
22 activities as a farm labor contractor on behalf of the
23 registrant shall not be required to obtain a certificate of
24 registration in his own name under this chapter. When engaging
25 in activities as a farm labor contractor, an agent shall have in
26 his immediate possession identification as the department may
27 require showing the employee to be an agent of a registrant. An
28 agent shall be subject to this chapter and any rules and
29 regulations promulgated under this chapter to the same extent as
30 if he were required to obtain a certificate of registration in
19990H1522B1838 - 28 -
1 his own name. The department shall require that a registrant
2 identify all persons who have been or who subsequently become
3 agents of the registrant and may disallow, suspend or revoke the
4 designation as agent of any person pursuant to the
5 qualifications of registrants required by section 8163 (relating
6 to qualifications of registrants). For the purposes of this
7 chapter, a registrant shall be responsible for the activities of
8 each agent designated by him and shall be subject to any
9 penalties, including the refusal, suspension or revocation of a
10 certificate of registration, proceeding from an act of an agent
11 designated by him while the agent is engaged in activities as a
12 farm labor contractor. No agent may separately engage in
13 activities as a farm labor contractor or contract with or become
14 the employee of an employer of seasonal farm labor, except on
15 behalf of the registrant for whom he is the agent, and in the
16 same employment, on the same premises and at the same time as
17 the registrant for whom he is the agent. No employer may act as
18 or be designated as the agent of a farm labor contractor at any
19 time that the farm labor contractor is providing or intends to
20 provide seasonal farmworkers for employment by or in the
21 interest of the employer.
22 (b) License holders.--Every person who holds a valid,
23 current license under the act of July 31, 1941 (P.L.616,
24 No.261), known as the Employment Agency Law, is exempt from the
25 registration requirements of this chapter.
26 § 8165. Prohibited activities.
27 No employer, farm labor contractor or person acting as an
28 agent for an employer or farm labor contractor may:
29 (1) Knowingly give or represent to a person who is a
30 seasonal farmworker or a prospective seasonal farmworker
19990H1522B1838 - 29 -
1 false or misleading information or fail to fully disclose to
2 the person pertinent information concerning:
3 (i) Terms of employment.
4 (ii) Wages to be paid.
5 (iii) The terms and conditions under which wages are
6 to be paid.
7 (iv) Conditions of employment.
8 (v) Conditions of residence.
9 (vi) Arrangements for transportation.
10 (vii) Arrangements for providing or furnishing food,
11 clothing and other personal goods or services.
12 (viii) The demand for or existence of opportunity
13 for employment, for the purpose of inducing a seasonal
14 farmworker or prospective seasonal farmworker to accept
15 or to reject any offer of employment, whether made by the
16 employer, farm labor contractor or agent of an employer
17 or farm labor contractor or another person.
18 (2) Violate any provision of or fail to comply with the
19 requirements of the Migrant and Seasonal Agricultural Worker
20 Protection Act (Public Law 97-470, 29 U.S.C. § 1801 et seq.)
21 that apply to the employer, farm labor contractor or agent of
22 an employer or farm labor contractor.
23 (3) Recruit, employ, utilize the services of or enter
24 into any agreement with any person with knowledge that the
25 person is in violation of any provision of the immigration
26 and naturalization laws of the United States or is a fugitive
27 from justice in any state or under United States statute.
28 (4) Manufacture, transport, resell, dispense or in any
29 way engage in activities as a dealer of any liquor, wine or
30 any malt or brewed beverage unless he has obtained a license
19990H1522B1838 - 30 -
1 or a permit under the act of April 12, 1951 (P.L.90, No.21),
2 known as the Liquor Code.
3 (5) Make, transport, purchase, sell or dispense any drug
4 or controlled substance as defined by the act of April 14,
5 1972 (P.L.221, No.63), known as the Pennsylvania Drug and
6 Alcohol Abuse Control Act, or by the act of April 14, 1972
7 (P.L.223, No.64), known as The Controlled Substance, Drug,
8 Device and Cosmetic Act.
9 (6) Violate any provision of Article XII of the act of
10 March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
11 1971.
12 (7) Receive, accept, disburse, withhold, manage or
13 administer any wages, salaries, emoluments or any other
14 rewards of or payment for the time, labor or employment of
15 any seasonal farmworker, except under section 8116 (relating
16 to wage payment).
17 (8) Levy, charge, assess or collect from any person, on
18 account of any loan of money, credit, goods or things in
19 action, a rate of interest, discount, fines, charges or
20 consideration unless in compliance with the provisions of the
21 act of April 8, 1937 (P.L.262, No.66), known as the Consumer
22 Discount Company Act.
23 (9) Levy, charge, assess or collect from a seasonal
24 farmworker, whether or not recruited by him or under his
25 supervision or direction or under any contract or agreement
26 with him, written or verbal, any money, goods or any other
27 thing for a service offered or performed by the employer or
28 farm labor contractor, including the purchase and resale of
29 personal goods or services, except for a reasonable charge
30 for:
19990H1522B1838 - 31 -
1 (i) Transportation of the seasonal farmworker and
2 the seasonal farmworker's relatives and their possessions
3 from the place of their residence or recruitment to the
4 premises of an employer of seasonal farm labor, or from
5 the premises of one employer to those of another, and
6 return to the place of their residence or recruitment.
7 (ii) The preparation and serving of meals during the
8 seasonal farmworker's term of employment or
9 transportation.
10 (10) Charge more than a reasonable amount for
11 transportation of the seasonal farmworker and the seasonal
12 farmworker's relatives and their possessions from the place
13 of their residence or recruitment to the premises of an
14 employer of seasonal farm labor, or from the premises of one
15 employer to those of another and return to the place of their
16 residence or recruitment, and for the preparation and serving
17 of meals during the seasonal farmworker's term of employment
18 or transportation. The charge for transportation and the
19 preparation and serving of meals may be levied and collected
20 only if the full amount of the charges is correctly stated
21 and disclosed to the seasonal farmworker and agreed to by the
22 seasonal farmworker at the time a contract or agreement of
23 recruitment is negotiated. The agreement as to charges for
24 transportation and for the preparation and serving of meals
25 must be a part of any contract or agreement between the farm
26 labor contractor and the seasonal farm laborer.
27 § 8166. Departmental powers and duties.
28 Except in relation to Subchapter B (relating to wages and
29 hours), which the Department of Labor and Industry shall
30 administer and enforce as provided, the Department of
19990H1522B1838 - 32 -
1 Agriculture is authorized and has the duty to:
2 (1) Promulgate and enforce rules and regulations for the
3 enforcement and implementation of this chapter.
4 (2) Investigate or cause to be investigated all matters
5 which may aid in carrying out this chapter, including the
6 investigation of any complaint filed with the department
7 regarding a violation of this chapter or with respect to
8 which the department has reasonable grounds to believe that
9 any person has violated this chapter and may, in connection
10 therewith:
11 (i) Enter and inspect any premises.
12 (ii) Inspect records and make transcriptions
13 thereof.
14 (iii) Question persons.
15 (iv) Investigate facts, conditions, practices or
16 matters as may be necessary or appropriate to determine
17 whether a violation of this chapter has been committed.
18 (3) Gather and compile data and information relative to
19 the enforcement of this chapter, for the purpose of
20 ascertaining conditions under which seasonal farmworkers are
21 recruited, employed, compensated and protected in this
22 Commonwealth, and file reports with the Governor and the
23 General Assembly showing the results of its investigations
24 and of the compilation of data and information.
25 (4) Conduct field surveys and censuses adequate to
26 determine the number, location, character and the condition
27 of seasonal farmworkers and the needs of the workers and of
28 the employers in cooperation with the Department of
29 Environmental Protection, Department of Labor and Industry,
30 Department of Health, Department of Public Welfare,
19990H1522B1838 - 33 -
1 Department of Education, Department of Community and Economic
2 Development and any other executive departments and
3 governmental agencies.
4 (5) Report annually to the Governor and General Assembly
5 the results of the field surveys and censuses and recommend
6 legislative and executive action to improve service and
7 enforcement programs relating to seasonal farmworkers and
8 their employers.
9 (6) Enter into agreements with the United States
10 Department of Labor for enforcement of any law or the
11 performance of any function under section 513 of the Migrant
12 and Seasonal Agricultural Worker Protection Act (Public Law
13 94-470, 29 U.S.C. § 1863).
14 (7) Enter into agreements with appropriate agencies of
15 any other state or states for the enforcement of any
16 provision or the performance of any function under this
17 chapter.
18 (8) Enforce or cause to be enforced this chapter and
19 cooperate with other executive departments and governmental
20 agencies of the Commonwealth or United States, or of any
21 other state, political subdivision or with other persons or
22 organizations in the enforcement of this chapter.
23 SUBCHAPTER F
24 PENALTIES AND REMEDIES
25 Sec.
26 8181. Criminal penalties.
27 8182. Civil penalties.
28 8183. Civil remedies.
29 § 8181. Criminal penalties.
30 (a) Penalties.--A person who violates Subchapter B (relating
19990H1522B1838 - 34 -
1 to wages and hours), D (relating to access and entry) or E
2 (relating to registration of farm labor contractors and
3 prohibited activities of employers and farm labor contractors)
4 or section 8133 (relating to permit to operate a regulated farm
5 labor camp):
6 (1) For a first offense, commits a summary offense and
7 is liable for costs of prosecution in addition to any other
8 penalty.
9 (2) For a second or subsequent violation of the same
10 provision of this chapter within one year or for a continuing
11 violation of section 8133, the violator commits a misdemeanor
12 of the first degree.
13 For the purpose of this section, any violation occurring during
14 any period of seven consecutive days is considered one offense.
15 (b) Separate civil penalties.--Prosecution for a violation
16 of any section of this chapter does not bar prosecution for a
17 violation of any other section of this chapter or of any other
18 law resulting from an action of the offender. Likewise,
19 prosecution does not bar the assessment of civil penalties by
20 the department under section 8182 (relating to civil penalties).
21 (c) Separate violation.--Eviction of, harassment of,
22 interference with or termination of employment of a seasonal
23 farmworker for having filed a civil or criminal complaint under
24 this chapter shall be a separate violation of this chapter and
25 is subject to criminal penalties set forth in subsection (a).
26 § 8182. Civil penalties.
27 (a) General rule.--Notwithstanding any other remedy
28 available for a violation of this chapter, the department has
29 jurisdiction to assess a civil penalty upon a person who fails
30 to comply with Subchapters C (relating to regulations and
19990H1522B1838 - 35 -
1 inspections), D (relating to access and entry) and E (relating
2 to registration of farm labor contractors and prohibited
3 activities of employers and farm labor contractors) or any rule
4 or regulation or the conditions of any permit or any order
5 issued under those subchapters. Notwithstanding any other remedy
6 available for a violation of this chapter, the Department of
7 Labor and Industry has jurisdiction to assess a civil penalty
8 upon a person who fails to comply with Subchapter B (relating to
9 wages and hours) or any rule or regulation or the conditions of
10 any permit or any order issued under that subchapter. A penalty
11 may be assessed whether or not the violation was willful.
12 Except for a continuous, willful violation, a civil penalty so
13 assessed may not exceed $100 per day for each violation and may
14 not be less than $50 per day for any violation of section 8133
15 (relating to permit to operate a regulated farm labor camp) or
16 an effective order of the Department of Agriculture or the
17 Department of Labor and Industry. A civil penalty assessed for
18 a continuous, willful violation may not exceed $500 per day and
19 may not be less than $50 per day. In determining the amount of
20 the civil penalty, the Department of Agriculture or the
21 Department of Labor and Industry must consider the:
22 (1) Willfulness of the violation.
23 (2) Seriousness of any health or safety hazard.
24 (3) Expenditures incurred by the Commonwealth in
25 pursuing the abatement of any violation.
26 (4) Economic benefit derived from the unlawful conduct.
27 (5) Any other relevant factor.
28 (b) Collection of penalties.--A penalty assessed shall be
29 payable to the Commonwealth within 30 calendar days after
30 adjudication is issued. The assessed penalty is collectible in
19990H1522B1838 - 36 -
1 any manner provided by law for the execution of a final judgment
2 and has priority over any other civil debt. If a person fails to
3 pay a penalty when due, the principal amount with interest at 8%
4 annually and any costs that may be incurred shall be a lien on
5 the property of the person, but only after the same has been
6 entered and docketed of record by the prothonotary of the county
7 where such property is situated. The Department of Agriculture
8 or the Department of Labor and Industry may transmit, and must
9 do so at a party's request, certified copies of an adjudicated
10 civil penalty, and it shall be the duty of each prothonotary to
11 enter and docket the same in the prothonotary's office and to
12 index the same as a final judgment.
13 § 8183. Civil remedies.
14 In addition to any other remedies provided for in this
15 chapter, an action may be commenced in a court of appropriate
16 jurisdiction for an injunction to restrain a violation of this
17 chapter, rules and regulations, or an order issued under this
18 chapter, or to restrain any public nuisance or condition which
19 may be detrimental to the health or safety of seasonal farm
20 laborers or their families. In that proceeding, the court shall,
21 upon plaintiff's motion, issue a mandatory preliminary
22 injunction if it finds that the defendant is engaging in conduct
23 prohibited by this chapter, has failed to comply with an
24 effective order of the Department of Agriculture or the
25 Department of Labor and Industry or the conditions of a permit
26 issued under this chapter or is maintaining a condition which is
27 causing immediate and irreparable harm to seasonal farm laborers
28 or their families. In addition to granting injunctive relief, a
29 court in any proceeding under this section has jurisdiction to
30 assess civil penalties as provided for in section 8182 (relating
19990H1522B1838 - 37 -
1 to civil penalties).
2 PART IX
3 MISCELLANEOUS PROVISIONS
4 Chapter
5 91. Miscellaneous Provisions
6 CHAPTER 91
7 MISCELLANEOUS PROVISIONS
8 Sec.
9 9101. Farmers' market.
10 § 9101. Farmers' market.
11 For the purpose of section 14(e) of the act of July 7, 1994
12 (P.L.421, No.70), known as the Food Act, any building, structure
13 or place owned, leased or otherwise in possession of a person or
14 municipal corporation or public or private organization, used or
15 intended to be used by two or more farmers or an association of
16 farmers for the purpose of selling food directly to consumers
17 shall be deemed to be a single food establishment.
18 Section 3. The present gubernatorial appointees of the
19 Seasonal Farm Labor Committee, as of the effective date of this
20 act, shall continue to serve as members of the committee until
21 their present terms of office expire.
22 Section 4. Existing rules and regulations promulgated under
23 the act of June 23, 1978 (P.L.537, No.93), known as the Seasonal
24 Farm Labor Act, and those now found in 7 Pa. Code Ch. 82
25 (relating to seasonal farm labor camps), shall remain in effect
26 until amended, revised, altered or rescinded in accordance with
27 applicable law.
28 Section 5. All licenses and permits issued under the
29 provisions of the act of June 23, 1978 (P.L.537, No.93), known
30 as the Seasonal Farm Labor Act, shall remain in effect for the
19990H1522B1838 - 38 -
1 remainder of the term for which the licenses and permits were
2 issued. After these licenses and permits have expired, all
3 renewals or new licenses and permits shall be issued under the
4 provisions of this act.
5 Section 6. With the exception of any resources necessary for
6 the Department of Labor and Industry to retain to enforce 3
7 Pa.C.S. Ch.81 Subch B, all personnel, allocations,
8 appropriations, contracts, agreements, rights, obligations,
9 equipment, files, records and other materials which are
10 employed, expended or used in connection with regulation of
11 seasonal farm labor by the Department of Labor and Industry are
12 transferred to the Department of Agriculture. The transfer of
13 personnel is made with the same force and effect as if the
14 personnel had been originally assigned to the Department of
15 Agriculture. The transfer of allocations and appropriations is
16 made with the same force and effect as if the allocations and
17 appropriations had been originally made to the Department of
18 Agriculture. The transfer of contracts, agreements, rights and
19 obligations is made with the same force and effect as if the
20 contracts, agreements, rights and obligations had been
21 originally those of the Department of Agriculture. The transfer
22 of equipment, files, records and other materials is made with
23 the same force and effect as if the items had been originally
24 the property of the Department of Agriculture. Items transferred
25 by this section include applicable Federal grants and funds as
26 well as benefits from any Federal program.
27 Section 7. (a) The following act and parts of acts are
28 repealed:
29 The act of June 23, 1978 (P.L.537, No.93), known as the
30 Seasonal Farm Labor Act.
19990H1522B1838 - 39 -
1 Section 1715 of the act of April 9, 1929 (P.L.177, No.175),
2 known as The Administrative Code of 1929.
3 (b) All other acts and parts of acts are repealed insofar as
4 they are inconsistent with this act.
5 Section 8. This act shall take effect in 60 days.
D20L03JS/19990H1522B1838 - 40 -