PRINTER'S NO. 1892
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1260
Session of
2020
INTRODUCED BY SCHWANK, VOGEL, COSTA, STREET, BLAKE, KILLION,
YAW, J. WARD, SANTARSIERO, GORDNER, AUMENT, BREWSTER, MENSCH,
FARNESE, MUTH, TARTAGLIONE AND ARGALL, AUGUST 24, 2020
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, AUGUST 24, 2020
AN ACT
Amending the act of April 28, 1937 (P.L.417, No.105), entitled
"An act relating to milk and the products thereof; creating a
Milk Marketing Board; establishing its jurisdiction, powers
and duties; regulating the production, transportation,
manufacturing, processing, storage, distribution, delivery
and sale of milk and certain products thereof; providing for
the licensing of milk dealers and the payment of fees
therefor; requiring milk dealers to file bonds to secure
payment for milk to producers and certain milk dealers;
authorizing the holding of hearings and the issuance of
subpoenas by the board; conferring jurisdiction upon courts
to punish contempts and to prohibit violations of this act
and of rules, regulations and orders of the board;
authorizing the board to adopt rules, regulations and orders,
and to enter into interstate and Federal compacts; requiring
persons who weigh, measure, sample or test milk to procure
permits or certificates, to take examinations, to pay fees
therefor, to furnish certain notices, records and statements,
and to use certain methods of weighing, measuring, sampling
and testing; authorizing the board to examine the business,
papers and premises of milk dealers and producers, requiring
the keeping of records and the filing of reports by milk
dealers, and permitting, with limitations, the use of
information obtained thereby; authorizing the board to fix
prices for milk and certain milk products subject to the
approval of the Governor, and conferring certain powers upon
the Governor with respect thereto; providing for appeals to
the courts from decisions of the board, and for the burden of
proof upon such appeals; prescribing penalties, fines and
imprisonment for violations of this act and rules,
regulations and orders of the board; defining perjury;
defining remedies; repealing legislation supplied and
superseded by this act, and saving rights, duties and
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proceedings thereunder; and making appropriations," in
purpose, short title and definitions, further providing for
definitions and construction; in licenses of milk dealers,
providing for milk distributors required to be licensed and
for refusal, suspension or revocation of license; and, in
records, reports and information, further providing for
records and for reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "store" in section 103 of the
act of April 28, 1937 (P.L.417, No.105), known as the Milk
Marketing Law, is amended and the section is amended by adding a
definition to read:
Section 103. Definitions; Construction.--The following terms
shall be construed in this act to have the following meanings,
except in those instances where the context clearly indicates
otherwise:
* * *
"Milk distributor" or "distributor" means any person who
purchases or receives for resale milk from sources outside this
Commonwealth and handles the milk within this Commonwealth for
further sale in the same containers as those in which the milk
was purchased or received. The term does not include a milk
dealer licensed by the Commonwealth on the effective date of
this definition.
* * *
"Store" includes a grocery store, hotel, restaurant, soda
fountain, dairy products store, or any similar mercantile
establishment which sells [or distributes] milk.
* * *
Section 2. The act is amended by adding sections to read:
Section 401.1. Milk Distributors Required to be Licensed.--
(a) A person may not operate as a milk distributor in this
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Commonwealth unless the person holds a milk distributor's
license issued by the board.
(b) A license application must be completed and filed by the
milk distributor:
(1) within thirty days after the effective date of this
section; or
(2) prior to engaging in business.
(c) A license must be renewed annually before July 1. A
renewal application must be filed by June 15.
(d) The board shall prescribe forms for applications under
subsections (b) and (c).
Section 404.2. Refusal, Suspension or Revocation of
License.--(a) This section shall apply if the board makes a
determination, after a hearing under section 405, that an
applicant or a licensee has not complied with this act or a
regulation or order under this act.
(b) If subsection (a) applies, the board may:
(1) Decline to grant a license to an applicant.
(2) Decline to renew a license of a licensee.
(3) Suspend or revoke a license.
Section 3. Sections 701 and 702 of the act are amended to
read:
Section 701. Records.--Milk dealers and distributors subject
to license by the board shall keep within the Commonwealth the
following records, as applicable to their operations:
(1) A record of the quantity of all milk received or
produced, detailed as to location and as to names and addresses
of producers or milk dealers or distributors from whom received,
with butterfat or appropriate milk component tests, weights;
prices paid, and deductions or charges made.
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(2) A record of the quantity of all milk sold, detailed as
to grade, use, location, market outlet, and size and type of
container, with prices and amounts received therefor, and the
butterfat or appropriate milk component tests thereof.
(3) A record of the quantities of all milk transported,
shipped, or hauled, including the distances and the amounts paid
for the movement of such milk, in all cases where the dealer
pays on his own account or on the account of producers for the
movement thereof.
(4) A record of the quantity of each milk product
manufactured, the quantity of milk used in the manufacture of
each product, and the quantity and value of milk products sold.
(4.1) The price or cost of containers used, by size and
type.
(5) A record of wastage or loss of milk or butterfat.
(6) A record of the spread or handling expense and profit or
loss, represented by the difference between the price paid and
the price received for all milk and milk products.
(7) A record of all other transactions affecting the assets,
liabilities, or net worth of the dealer or distributor.
(8) Such other records and information as the board may deem
necessary for the proper enforcement of this act.
The records herein required shall be kept in the possession
of the milk dealer or distributor for a period not less than two
years, unless the board otherwise provides.
Section 702. Reports.--Each milk dealer or distributor
shall, from time to time, as required by rule, regulation or
order of the board, make and file a verified report, on forms
prescribed by the board, of all matters on account of which a
record is required to be kept, together with such other
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information or facts as may be pertinent and material within the
scope of the purposes and intent of this act. Such report shall
cover a period specified in the order, and shall be filed within
a time fixed by the board.
Section 4. This act shall take effect in 60 days.
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