See other bills
under the
same topic
SENATE AMENDED
PRIOR PRINTER'S NO. 1915
PRINTER'S NO. 2212
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1520
Session of
2019
INTRODUCED BY SNYDER, CAUSER, PASHINSKI, BERNSTINE, A. DAVIS,
T. DAVIS, DeLISSIO, FEE, FREEMAN, GREINER, HANBIDGE, HERSHEY,
HICKERNELL, M. K. KELLER, KINSEY, LONGIETTI, MALAGARI,
MILLARD, OWLETT, RYAN, SAPPEY, SAYLOR, STRUZZI, WEBSTER,
ZIMMERMAN, IRVIN, BURGOS, RABB, SAINATO, KORTZ AND KENYATTA,
MAY 29, 2019
SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS
AMENDED, JUNE 24, 2019
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for grant programs. IN PENNSYLVANIA
PREFERRED® TRADEMARK, FURTHER PROVIDING FOR PENNSYLVANIA
PREFERRED® TRADEMARK LICENSING FUND AND PROVIDING FOR
MILITARY VETERANS; PROVIDING FOR GRANT PROGRAMS; AND MAKING
EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a part to read:
SECTION 1. CHAPTER 46 OF TITLE 3 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBCHAPTER HEADING
IMMEDIATELY PRECEDING SECTION 4601 TO READ:
SUBCHAPTER A
GENERAL PROVISIONS
SECTION 2. CHAPTER 46 OF TITLE 3 IS AMENDED BY ADDING A
SUBCHAPTER HEADING IMMEDIATELY PRECEDING SECTION 4603 TO READ:
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
SUBCHAPTER B
PENNSYLVANIA PREFERRED ® PROGRAM
SECTION 3. SECTIONS 4603, 4604, 4605, 4606 AND 4607 OF TITLE
3 ARE RENUMBERED TO READ:
§ [4603] 4611. PENNSYLVANIA PREFERRED® TRADEMARK.
THE DEPARTMENT SHALL TAKE ALL ACTIONS NECESSARY AND
APPROPRIATE TO ACQUIRE, CREATE, ESTABLISH, REGISTER, MAINTAIN,
LICENSE, PROMOTE AND PROTECT A PENNSYLVANIA PREFERRED® TRADEMARK
FOR USE ON OR IN CONNECTION WITH THE SALE, MARKETING OR
PROMOTION OF A PENNSYLVANIA-PRODUCED AGRICULTURAL COMMODITY.
§ [4604] 4612. LICENSEE QUALIFICATION.
A QUALIFIED ENTITY SHALL MEET AT LEAST ONE OF THE FOLLOWING
REQUIREMENTS TO BECOME A LICENSEE:
(1) BE A PERSON THAT PRODUCES AN AGRICULTURAL COMMODITY:
(I) THAT IS ENTIRELY HARVESTED FROM A PENNSYLVANIA
LOCATION OR IS GROWN AT A PENNSYLVANIA LOCATION FOR AT
LEAST 75% OF THE COMMODITY'S PRODUCTION CYCLE; AND
(II) THAT, IF INSPECTED BY THE DEPARTMENT, THE USDA,
THE FDA OR AN INDEPENDENT CERTIFYING AGENCY APPROVED BY
THE DEPARTMENT, IS APPROVED BY THE INSPECTING AUTHORITY
AS MEETING ALL APPLICABLE QUALITY, SANITATION, SAFETY AND
LABELING STANDARDS OF THAT INSPECTING AUTHORITY.
(2) BE A PERSON THAT PROCESSES AN AGRICULTURAL
COMMODITY:
(I) IN WHOLE OR IN PART AT A FACILITY WHICH IS
LOCATED WITHIN THIS COMMONWEALTH; AND
(II) IN WHOLE OR IN PART AT A FACILITY, WHICH, IF
THE AGRICULTURAL COMMODITY IS INTENDED FOR HUMAN
CONSUMPTION, IS IN COMPLIANCE WITH SUBCHAPTER B OF
CHAPTER 57 (RELATING TO FOOD SAFETY) AND ALL APPLICABLE
20190HB1520PN2212 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
FEDERAL AND STATE FOOD QUALITY, SANITATION, SAFETY AND
LABELING STANDARDS REGULATIONS; AND
(III) THE USE OF WHICH, TO THE MAXIMUM EXTENT
POSSIBLE GIVEN PRODUCTION SEASON RESTRICTIONS OR MARKET
AVAILABILITY, IS A PENNSYLVANIA-PRODUCED AGRICULTURAL
COMMODITY.
(3) BE A PERSON THAT PROMOTES OR MARKETS AN AGRICULTURAL
COMMODITY FROM A PERSON THAT MEETS THE PROVISIONS OF
PARAGRAPH (1) OR (2).
(4) BE A PUBLIC EATING AND DRINKING PLACE LICENSED UNDER
AND IN COMPLIANCE WITH SUBCHAPTER A OF CHAPTER 57 (RELATING
TO RETAIL FOOD FACILITY SAFETY) OR UNDER THE ACT OF AUGUST
24, 1951 (P.L.1304, NO.315), KNOWN AS THE LOCAL HEALTH
ADMINISTRATION LAW, WHICH OFFERS A MENU ITEM THAT INCLUDES AN
AGRICULTURAL COMMODITY FROM A PERSON THAT MEETS THE
PROVISIONS OF PARAGRAPH (1) OR (2).
(5) BE A PERSON APPROVED BY THE DEPARTMENT TO USE AND
PROMOTE THE USE OF THE PENNSYLVANIA PREFERRED® TRADEMARK TO
CONSTITUENCIES IN FURTHERING THE PURPOSES OF THIS CHAPTER.
§ [4605] 4613. DUTIES AND AUTHORITY OF DEPARTMENT.
(A) DEPARTMENT AUTHORITY TO ENTER INTO TRADEMARK LICENSE
AGREEMENTS.--
(1) THE DEPARTMENT MAY ENTER INTO A TRADEMARK LICENSE
AGREEMENT WITH A QUALIFIED ENTITY.
(2) THE DEPARTMENT SHALL ESTABLISH THE TERMS AND
CONDITIONS UNDER WHICH A PERSON MAY BE LICENSED TO USE THE
PENNSYLVANIA PREFERRED® TRADEMARK. TERMS AND CONDITIONS SHALL
REQUIRE A LICENSEE TO PRODUCE, PROCESS, PROMOTE OR MARKET AN
AGRICULTURAL COMMODITY IN A MANNER ACCEPTABLE TO THE
DEPARTMENT WHICH PROTECTS THE REPUTATION OF THE PENNSYLVANIA
20190HB1520PN2212 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PREFERRED® TRADEMARK.
(3) THE DEPARTMENT MAY PERIODICALLY REVIEW A LICENSING
AGREEMENT TO DETERMINE IF THE TERMS ARE BEING MET.
(B) COOPERATIVE ACTIVITIES.--THE DEPARTMENT MAY ENGAGE IN
COOPERATIVE ACTIVITIES TO IMPLEMENT AND ADVANCE THE PURPOSES OF
THIS CHAPTER.
§ [4606] 4614. TRADEMARK LICENSE AGREEMENT, APPLICATION AND
LICENSURE PROCESS.
(A) GENERAL RULE.--
(1) A QUALIFIED ENTITY MAY APPLY TO BE LICENSED TO USE
THE PENNSYLVANIA PREFERRED® TRADEMARK.
(2) AN APPLICATION SHALL BE ON A FORM PREPARED BY THE
DEPARTMENT AND SHALL REQUIRE IDENTIFICATION INFORMATION AND
OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY TO DETERMINE
IF AN APPLICANT IS A QUALIFIED ENTITY.
(3) THE APPLICATION FORM SHALL BE PROVIDED BY THE
DEPARTMENT UPON REQUEST.
(4) THE DEPARTMENT SHALL HAVE THE DISCRETION TO
DETERMINE WHETHER A PERSON IS A QUALIFIED ENTITY FOR PURPOSES
OF THIS CHAPTER.
(5) IF THE DEPARTMENT DETERMINES THAT AN APPLICANT IS A
QUALIFIED ENTITY, IT SHALL OFFER THAT QUALIFIED ENTITY A
TRADEMARK LICENSE AGREEMENT.
(6) A TRADEMARK LICENSE AGREEMENT UNDER THIS CHAPTER
SHALL BE EFFECTIVE FOR ONE YEAR FROM THE DATE UPON WHICH AN
AGREEMENT IS EXECUTED AND MAY BE RENEWED. AN AGREEMENT SHALL
CONTAIN PROVISIONS ALLOWING FOR THE TERMINATION OF THE
LICENSE AGREEMENT BY THE DEPARTMENT OR A LICENSEE UPON 60
DAYS' ADVANCE WRITTEN NOTICE TO THE OTHER PARTY.
(B) PREEXISTING TRADEMARK LICENSE AGREEMENTS.--A TRADEMARK
20190HB1520PN2212 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
LICENSE AGREEMENT THAT IS IN EFFECT PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION AND THAT AUTHORIZES THE USE OF A PENNSYLVANIA
PREFERRED® TRADEMARK SHALL REMAIN IN EFFECT UNTIL IT IS
TERMINATED OR UNTIL THE END OF THE CURRENT CONTRACT YEAR,
WHICHEVER OCCURS FIRST.
§ [4607] 4615. COSTS.
REIMBURSEMENT OF COSTS ARE AS FOLLOWS:
(1) THE DEPARTMENT MAY CHARGE A LICENSEE FOR COSTS
INCURRED BY THE DEPARTMENT IN CONNECTION WITH THAT LICENSEE'S
PARTICIPATION IN ANY ACTIVITY, TRADE SHOW, EXHIBITION OR
OTHER PROMOTIONAL EVENT CONDUCTED OR FACILITATED BY THE
DEPARTMENT. A CHARGE SHALL REASONABLY REFLECT THE COSTS
INCURRED BY THE DEPARTMENT IN FACILITATING THE LICENSEE'S
PARTICIPATION AND MAY INCLUDE SUCH COSTS AS PROPORTIONAL
SHARES OF EVENT REGISTRATION FEES, EQUIPMENT RENTAL FEES,
DISPLAY AREA RENTAL FEES AND RELATED COSTS.
(2) THE DEPARTMENT MAY CHARGE A LICENSEE FOR COSTS OF
PENNSYLVANIA PREFERRED® PROMOTIONAL MATERIALS PROVIDED BY THE
DEPARTMENT AT THE REQUEST OF THE LICENSEE.
SECTION 4. SECTION 4608 OF TITLE 3 IS AMENDED TO READ:
§ [4608] 4616. PENNSYLVANIA PREFERRED® TRADEMARK LICENSING
FUND.
(A) ESTABLISHMENT.--THERE IS ESTABLISHED IN THE STATE
TREASURY A SPECIAL FUND WHICH SHALL BE AN INTEREST-BEARING
RESTRICTED REVENUE ACCOUNT TO BE KNOWN AS THE PENNSYLVANIA
PREFERRED® TRADEMARK LICENSING FUND. THE FOLLOWING MONEY SHALL
BE DEPOSITED INTO THE FUND:
(1) MONEY AS IS APPROPRIATED, GIVEN, GRANTED OR DONATED
FOR THE PURPOSE ESTABLISHED UNDER THIS CHAPTER BY THE FEDERAL
GOVERNMENT, THE COMMONWEALTH OR ANY OTHER GOVERNMENT OR
20190HB1520PN2212 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PRIVATE AGENCY OR PERSON.
(2) FUNDS DERIVED FROM THE COSTS ESTABLISHED UNDER
SECTION [4607] 4615 (RELATING TO COSTS).
(3) FUNDS DERIVED FROM CIVIL PENALTIES COLLECTED BY THE
DEPARTMENT UNDER SECTION [4609] 4617 (RELATING TO CIVIL
PENALTIES).
(B) APPROPRIATION.--MONEY IN THE FUND IS APPROPRIATED ON A
CONTINUING BASIS TO THE DEPARTMENT FOR THE PURPOSE OF
ADMINISTERING THIS CHAPTER. ALL INTEREST AND EARNINGS RECEIVED
FROM INVESTMENT OR DEPOSIT OF THE MONEY IN THE FUND SHALL BE
PAID INTO THE ACCOUNT FOR THE PURPOSE AUTHORIZED BY THIS
SECTION. ANY UNEXPENDED MONEY AND ANY INTEREST OR EARNINGS ON
THE MONEY IN THE FUND MAY NOT BE TRANSFERRED OR REVERT TO THE
GENERAL FUND, BUT SHALL REMAIN IN THE ACCOUNT TO BE USED BY THE
DEPARTMENT FOR THE PURPOSE SPECIFIED UNDER THIS SECTION.
(C) USE.--MONEY DEPOSITED IN THE FUND SHALL BE USED AS
FOLLOWS:
(1) TO PROMOTE THE LICENSURE AND USE OF THE PENNSYLVANIA
PREFERRED® TRADEMARK WITH RESPECT TO PENNSYLVANIA-PRODUCED
AGRICULTURAL COMMODITIES.
(2) TO PROMOTE THE PENNSYLVANIA PREFERRED® TRADEMARK AS
AN IDENTIFICATION OF ORIGIN AND QUALITY.
(3) TO PROMOTE PENNSYLVANIA-PRODUCED AGRICULTURAL
COMMODITIES WITH RESPECT TO WHICH THE PENNSYLVANIA PREFERRED®
TRADEMARK IS LICENSED.
(4) TO PAY COSTS ASSOCIATED WITH MONITORING THE USE OF
THE PENNSYLVANIA PREFERRED® TRADEMARK, PROHIBITING THE
UNLAWFUL OR UNAUTHORIZED USE OF THE TRADEMARK AND ENFORCING
RIGHTS IN THE TRADEMARK.
(4.1) TO PROMOTE PARTICIPATION UNDER THIS CHAPTER BY
20190HB1520PN2212 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
QUALIFIED VETERANS AND QUALIFIED VETERAN BUSINESS ENTITIES.
(4.2) TO PROMOTE, ENCOURAGE AND FACILITATE COOPERATION
BY THE DEPARTMENT WITH MILITARY, GOVERNMENT OR PRIVATE SECTOR
MARKETING EFFORTS THAT IDENTIFY, EMPHASIZE AND ENCOURAGE THE
PRODUCTION AND MARKETING OF PENNSYLVANIA-PRODUCED
AGRICULTURAL COMMODITIES BY QUALIFIED VETERANS AND QUALIFIED
VETERAN BUSINESS ENTITIES.
(5) TO OTHERWISE FUND THE DEPARTMENT'S COSTS IN
ADMINISTERING AND ENFORCING THIS CHAPTER.
(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"QUALIFIED VETERAN." AS DEFINED UNDER SECTION 4632 (RELATING
TO DEFINITIONS).
"QUALIFIED VETERAN BUSINESS ENTITY." AS DEFINED UNDER
SECTION 4632.
SECTION 5. SECTION 4609 OF TITLE 3 IS RENUMBERED TO READ:
§ [4609] 4617. CIVIL PENALTIES.
IN ADDITION TO ANY OTHER REMEDY AVAILABLE AT LAW OR IN EQUITY
FOR A VIOLATION OF A PROVISION OF THIS CHAPTER OR A TRADEMARK
LICENSE AGREEMENT ESTABLISHED UNDER THIS CHAPTER, THE DEPARTMENT
MAY ASSESS A CIVIL PENALTY UPON THE PERSON RESPONSIBLE FOR THE
VIOLATION. THE CIVIL PENALTY ASSESSED SHALL NOT EXCEED $10,000
AND SHALL BE PAYABLE TO THE COMMONWEALTH AND COLLECTIBLE IN ANY
MANNER PROVIDED UNDER LAW FOR THE COLLECTION OF DEBT.
SECTION 6. SECTION 4610 OF TITLE 3 IS AMENDED TO READ:
§ [4610] 4618. INJUNCTIVE RELIEF.
IN ADDITION TO ANY OTHER REMEDIES PROVIDED FOR UNDER THIS
CHAPTER, THE ATTORNEY GENERAL, AT THE REQUEST OF THE DEPARTMENT,
MAY INITIATE, IN THE COMMONWEALTH COURT OR THE COURT OF COMMON
20190HB1520PN2212 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PLEAS OF THE COUNTY IN WHICH THE DEFENDANT RESIDES OR HAS HIS
PLACE OF BUSINESS, AN ACTION IN EQUITY FOR AN INJUNCTION TO
RESTRAIN VIOLATIONS OF THIS CHAPTER OR A TRADEMARK LICENSE
AGREEMENT. IN THE PROCEEDING, THE COURT SHALL, UPON MOTION OF
THE COMMONWEALTH, ISSUE A PRELIMINARY INJUNCTION IF IT FINDS
THAT THE DEFENDANT IS ENGAGING IN UNLAWFUL CONDUCT UNDER THIS
CHAPTER OR IS ENGAGING IN CONDUCT WHICH IS CAUSING IMMEDIATE OR
IRREPARABLE HARM TO THE PUBLIC. THE COMMONWEALTH SHALL NOT BE
REQUIRED TO FURNISH BOND OR OTHER SECURITY IN CONNECTION WITH
THE PROCEEDINGS. IN ADDITION TO AN INJUNCTION, THE COURT, IN
EQUITY PROCEEDINGS, MAY LEVY CIVIL PENALTIES AS PROVIDED UNDER
SECTION [4609] 4617 (RELATING TO CIVIL PENALTIES).
SECTION 6.1. SECTION 4611 OF TITLE 3 IS RENUMBERED TO READ:
§ [4611] 4619. RULES AND REGULATIONS.
THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS
NECESSARY TO PROMOTE THE EFFICIENT, UNIFORM AND STATEWIDE
ADMINISTRATION OF THIS CHAPTER. FOR TWO YEARS FROM THE EFFECTIVE
DATE OF THIS SECTION, THE DEPARTMENT SHALL HAVE THE POWER AND
AUTHORITY TO PROMULGATE, ADOPT AND USE GUIDELINES TO IMPLEMENT
THE PROVISIONS OF THIS CHAPTER. THE GUIDELINES SHALL BE
PUBLISHED IN THE PENNSYLVANIA BULLETIN BUT SHALL NOT BE SUBJECT
TO REVIEW UNDER SECTION 205 OF THE ACT OF JULY 31, 1968
(P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS
LAW, SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER 15, 1980
(P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, OR
THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
REGULATORY REVIEW ACT. ALL GUIDELINES SHALL EXPIRE NO LATER THAN
DECEMBER 31, 2013, AND SHALL BE REPLACED BY REGULATIONS WHICH
SHALL HAVE BEEN PROMULGATED, ADOPTED AND PUBLISHED AS PROVIDED
UNDER LAW.
20190HB1520PN2212 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SECTION 7. CHAPTER 46 OF TITLE 3 IS AMENDED BY ADDING
SUBCHAPTERS TO READ:
SUBCHAPTER C
(RESERVED)
SUBCHAPTER D
MILITARY VETERANS
SEC.
4631. PURPOSE.
4632. DEFINITIONS.
4633. QUALIFIED VETERANS AND QUALIFIED VETERAN BUSINESS
ENTITIES.
§ 4631. PURPOSE.
THE PURPOSE OF THIS SUBCHAPTER IS TO:
(1) BENEFIT QUALIFIED VETERANS AND QUALIFIED VETERAN
BUSINESS ENTITIES THAT ARE LICENSED BY THE DEPARTMENT UNDER
SUBCHAPTER B (RELATING TO PENNSYLVANIA PREFERRED PROGRAM) BY
ALLOWING AND ENCOURAGING THE USE OF OTHER TRADEMARKS OR
DESCRIPTIVE LABELS, PACKAGING OR ADVERTISEMENT INFORMATION TO
INFORM CONSUMERS THAT AGRICULTURAL COMMODITIES WERE PRODUCED
BY VETERANS OF THE ARMED FORCES OF THE UNITED STATES.
(2) ENCOURAGE QUALIFIED VETERANS AND QUALIFIED VETERAN
BUSINESS ENTITIES TO AVAIL THEMSELVES OF MARKETING
OPPORTUNITIES FOR PENNSYLVANIA-PRODUCED AGRICULTURAL
COMMODITIES THROUGH LICENSURE UNDER SUBCHAPTER B AND
PARTNERSHIP WITH ORGANIZATIONS SUCH AS THE FARMER VETERAN
COALITION HOMEGROWN BY HEROES PROGRAM AND SIMILAR PROGRAMS
INTENDED TO ENCOURAGE VETERANS TO FARM OR TO OTHERWISE
BENEFIT FARMERS WHO ARE VETERANS.
§ 4632. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
20190HB1520PN2212 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"QUALIFIED VETERAN." A QUALIFIED ENTITY WHO:
(1) IS A VETERAN OF ONE OR MORE OF THE ARMED FORCES OF
THE UNITED STATES, INCLUDING THE UNITED STATES ARMY, THE
UNITED STATES NAVY, THE UNITED STATES MARINE CORPS, THE
UNITED STATES AIR FORCE OR THE UNITED STATES COAST GUARD; AND
(2) HAS RECEIVED AN HONORABLE DISCHARGE OR A GENERAL
DISCHARGE UNDER HONORABLE CONDITIONS.
"QUALIFIED VETERAN BUSINESS ENTITY." A QUALIFIED ENTITY TO
WHICH THE FOLLOWING APPLY:
(1) THE ENTITY IS A CORPORATION, PARTNERSHIP,
ASSOCIATION OR OTHER BUSINESS ORGANIZATION.
(2) QUALIFIED VETERANS MAKE UP 50% OR MORE OF THE
ENTITY'S OWNERSHIP AND A MINIMUM OF 50% OF THE ENTITY'S
MANAGEMENT CONTROL.
§ 4633. QUALIFIED VETERANS AND QUALIFIED VETERAN BUSINESS
ENTITIES.
(A) ENCOURAGEMENT OF PARTICIPATION.--THE DEPARTMENT SHALL
PROMOTE PARTICIPATION UNDER THIS SUBCHAPTER BY QUALIFIED
VETERANS AND QUALIFIED VETERAN BUSINESS ENTITIES AND SHALL
CONDUCT OUTREACH AND EDUCATION EFFORTS TO ENCOURAGE AND
FACILITATE VETERAN PARTICIPATION.
(B) COORDINATION OF EFFORT.--THE DEPARTMENT SHALL COOPERATE
WITH MILITARY, GOVERNMENT OR PRIVATE SECTOR MARKETING EFFORTS
THAT IDENTIFY, EMPHASIZE AND ENCOURAGE THE PRODUCTION AND
MARKETING OF PENNSYLVANIA-PRODUCED AGRICULTURAL COMMODITIES BY
QUALIFIED VETERANS AND QUALIFIED VETERAN BUSINESS ENTITIES AND
MAY ALLOW THE USE OF THE PENNSYLVANIA PREFERRED® TRADEMARK IN A
COOPERATIVE EFFORT.
20190HB1520PN2212 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SECTION 8. TITLE 3 IS AMENDED BY ADDING A PART TO READ:
PART IX
GRANT PROGRAMS
Chapter
101. Very Small Meat Processor Federal Inspection
Reimbursement Grant Program
103. (Reserved)
CHAPTER 101
VERY SMALL MEAT PROCESSOR FEDERAL INSPECTION
REIMBURSEMENT GRANT PROGRAM
Sec.
10101. Short title of chapter.
10102. Legislative intent.
10103. Definitions.
10104. Grant program.
10105. Eligible costs.
10106. Final reimbursement.
§ 10101. Short title of chapter.
This chapter shall be known and may be cited as the Very
Small Meat Processor Federal Inspection Reimbursement Grant
Program.
§ 10102. Legislative intent.
It is the intent of the General Assembly that very small meat
processors be offered reimbursement grants to cover the costs
associated with meeting Federal inspection and certification
guidelines during the planning and start-up periods for these
operations.
§ 10103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
20190HB1520PN2212 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
context clearly indicates otherwise:
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"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.
§ 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.
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.
(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
20190HB1520PN2212 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(d) Application procedure.--An applicant who desires to
receive a very small meat processor Federal inspection
reimbursement grant 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."
(4) A plan outlining the process being undertaken to
apply for and obtain Federal certification as a meat
processor.
(5) The estimated costs for which reimbursement is
sought.
(6) An attestation signed by the applicant stating the
applicant is in good standing with all Federal licensure,
recordkeeping and slaughter requirements, including the
Federal Hazard Analysis and Critical Control Points
standards.
§ 10105. Eligible costs.
The following costs shall be eligible for reimbursement:
(1) Invoiced costs directly incurred for the initial
compliance inspection.
20190HB1520PN2212 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) A one-time reimbursement for the cost, not including
man hours, directly incurred in producing the required
Federal Hazard Analysis and Critical Control Points plan. If
a professional consultant is utilized to develop the Federal
Hazard Analysis and Critical Control Points plan, reasonable
costs may be reimbursed, as determined by the department.
(3) Up to 50% of the actual costs of a first-time
purchase of equipment necessary for compliance with the
Federal Hazard Analysis and Critical Control Points plan.
§ 10106. Final reimbursement.
(a) Required submission.--Reimbursement shall be based on
the approved applicant's submission of the final costs of
obtaining the required Federal certification for which grant
money was sought. 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.
(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
20190HB1520PN2212 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
CHAPTER 103
( Reserved )
Section 2 9. This act shall take effect in 60 days.
20190HB1520PN2212 - 15 -
<--
1
2
3
4
5
6
7
8
9