PRINTER'S NO. 2091
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1847
Session of
2021
INTRODUCED BY SAPPEY, KENYATTA, PASHINSKI, STAMBAUGH, FREEMAN,
HOWARD, NEILSON AND KIM, SEPTEMBER 9, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
SEPTEMBER 9, 2021
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superseded by this act, and saving rights, duties and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," further
providing for title of act; in purpose, short title and
definitions, further providing for definitions; in
organization of the board, further providing for appointment
and terms of members and quorum; in licenses of milk dealers,
further providing for grounds for refusal, suspension or
revocation; in moneys and expenses of board, further
providing for expenses and for payment; and, in saving
provisions, repealing provisions relating to Joint Study
Committee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of April 28, 1937 (P.L.417,
No.105), known as the Milk Marketing Law, is amended to read:
AN ACT
Relating to milk and the products thereof; creating a Milk
[Marketing] Regulation 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
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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
proceedings thereunder; and making appropriations.
Section 2. The definitions of "board" and "milk components"
in section 103 of the act are amended 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:
* * *
"Board" means the State agency created by this act, to be
known as the "Milk [Marketing] Regulation Board."
* * *
"Milk components" means the components of milk, including
butterfat and any other components, for which the prices of
handlers, producers or both are established by marketing
agreements or orders issued under the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601, et seq.) and which the
[Milk Marketing Board] board determines by regulation are
applicable to the marketing areas established under this act.
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* * *
Section 3. Sections 201, 404(14), 1102(a) and (c) and 1104
of the act are amended to read:
Section 201. Appointment and Terms of Members; Quorum.--(a)
There is hereby created an independent administrative board to
be known as the Milk [Marketing] Regulation Board. The board
shall consist of three members nominated and appointed by the
Governor, by and with the advice and consent of two-thirds of
all the members of the Senate, for terms of six (6) years each,
and until their successors shall have been appointed and
qualified; except that the terms of the members first taking
office shall expire May first, one thousand nine hundred thirty-
nine, May first, one thousand nine hundred forty-one, and May
first, one thousand nine hundred forty-three, respectively, as
designated by the Governor at the time of appointment and until
their successors shall have been appointed and qualified. Of the
members appointed after the effective date of this amending act,
one shall be appointed to represent consumer interests and shall
have the responsibility under the direction of the board for
directing the executive secretary to coordinate and supervise
the Bureau of Consumer Affairs.
(b) The Governor shall designate one of the members of the
board as chairman. The chairman shall, when present, preside at
all meetings and price hearings, and in his absence a member
designated by the chairman shall preside. When presiding at a
price hearing, the chairman or acting chairman shall have the
status of agency head for the purpose of conducting the hearing.
(c) Two members of the board shall constitute a quorum, and
any action or order of the board shall require the approval of
at least two members.
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(d) The Governor may remove any board member for
inefficiency, neglect of duty, loss of qualification as provided
in section 202 or misconduct in office: Provided, That he is
given a copy of the charges against him and an opportunity to be
publicly heard in person or by counsel in his own defense upon
not less than ten days' notice, and that the Governor file with
the Department of State a complete statement of all charges made
against such board member, together with a complete record of
the proceedings and his findings thereon.
Section 404. Grounds for Refusal, Suspension or
Revocation.--The board shall grant a license to an applicant
complying with the provisions of this act and the rules,
regulations and orders issued by the board pursuant thereto.
Anything in this act to the contrary notwithstanding, a store or
controlled affiliate which satisfies all other requirements for
licensing shall not be denied an appropriate license if it has
been so licensed on the effective date of this amendment. The
board may decline to grant a license to an applicant, or may
suspend or revoke the right of a licensee or former licensee to
apply for a license for a new license period, or may suspend,
revoke or refuse to transfer a license already granted to a milk
dealer or handler, or may prohibit a milk dealer or handler
exempted from the license requirements of this act from
continuing to operate as a milk dealer or handler, after
determination by the board that the dealer or handler:
* * *
(14) Has demonstrated through the financial information
submitted with his application, a lack of financial
responsibility or a probable inability to meet the financial
responsibilities imposed by this act or by the act of July 6,
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1984 (P.L.652, No.136), known as the "Milk Producers' Security
Act," and by the regulations of the [Milk Marketing Board]
board.
* * *
Section 1102. Expenses.--(a) As much of the money in the
Milk Marketing Fund as may be necessary shall be annually
appropriated to the [Milk Marketing Board] board to be used to
pay its expenses, including the following:
(1) Salaries of the board and of its employes.
(2) Rental and other expenses for offices, rooms, garage
space and other accommodations outside of the Capitol Buildings,
either in or outside of the capital city, occupied by the board.
(3) Premiums for [workmen's] workers' compensation insurance
covering the officers and employes of the board.
(4) Premiums for surety bonds for such officers or employes
of the board as may be required by law to furnish such bonds.
(5) Purchase and operating costs of motor vehicles required
by the board for full-time use, including premiums for liability
insurance covering such motor vehicles and the members of the
board and employes operating them; also the amount payable to
the Department of General Services for the use of automobiles
supplied by it for temporary use by the board.
(6) Furniture, stationery, materials, supplies and all other
overhead expenses of the board.
(7) All other expenses of every kind and description
necessary for the performance by the board of its work.
* * *
(c) Before November 1 of each year, the [Milk Marketing
Board] board shall estimate its total expenses for the fiscal
year beginning July 1 of the following year. This estimate shall
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be submitted to the Governor in accordance with section 610 of
the act of April 9, 1929 (P.L.177, No.175), known as "The
Administrative Code of 1929." At the same time the board submits
its estimate to the Governor, the board shall also submit that
estimate to the General Assembly through the President pro
tempore of the Senate and the Speaker of the House of
Representatives. The board, or its designated representatives,
shall be afforded an opportunity to appear before the Governor
regarding its estimate.
Section 1104. Payment.--Moneys in the Milk Marketing Fund
appropriated to the [Milk Marketing Board] board shall be paid
out upon warrant of the State Treasurer drawn after requisition
by the secretary of the [Milk Marketing Board] board.
Section 4. Section 1204 of the act is repealed:
[Section 1204. Joint Study Committee.--There is hereby
created a Joint Study Committee which shall study the
implementation and effect of resale pricing under this act. The
committee shall be in existence until its report hereunder is
delivered to the General Assembly not later than December 31,
1985. The committee shall consist of the following members:
(1) Four producers, one each appointed by the majority
leader and minority leader of each house.
(2) Four consumers, one each appointed by the majority and
minority leaders of each house.
(3) Four dealers, one each appointed by the majority and
minority leaders of each house.
(4) The chairman and the minority chairman of the
Agriculture and Rural Affairs Committees of each house, or their
designee.
(5) One at-large member appointed by the Secretary of
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Agriculture.
At the first meeting of the committee which will be called by
the chairman of the Senate Agriculture and Rural Affairs
Committee, the committee shall elect a chairman who, with the
concurrence of a majority of the members of the committee, shall
determine a schedule of meetings for the conduct of committee
business. The chairman thus elected, or another member of the
committee as appointed by the chairman, shall preside at all
meetings of the committee.
There is also hereby created an advisory committee to provide
assistance and support for the Joint Study Committee and which
shall consist of:
(1) The chairman of the Pennsylvania Milk Marketing Board
and his staff.
(2) The Dean of the Pennsylvania State University College of
Agriculture and his staff.
(3) The Dean of the Wharton School of Business
Administration of the University of Pennsylvania and his staff.
The purpose of the committee shall be to study and report
upon the implementation and effect of the resale milk pricing
provisions of this act. The committee shall submit its final
report to the Agriculture and Rural Affairs Committee of each
house not later than December 1, 1985.]
Section 5. A reference in any other act or regulation to the
Milk Marketing Board shall be deemed to be a reference to the
Milk Regulation Board.
Section 6. This act shall take effect in 60 days.
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