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PRINTER'S NO. 2181
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1919
Session of
2021
INTRODUCED BY SNYDER, PASHINSKI, LONGIETTI, JAMES, STAMBAUGH,
KENYATTA, HARKINS, GUENST, SCHLOSSBERG, BERNSTINE, DELLOSO,
ZIMMERMAN, MALAGARI AND PISCIOTTANO, SEPTEMBER 27, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
SEPTEMBER 27, 2021
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for extensive amendments to the very
small meat processor Federal inspection reimbursement grant
program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 101 heading and sections 10101, 10102,
10103, 10104, 10105 and 10106 of Title 3 of the Pennsylvania
Consolidated Statutes are amended to read:
CHAPTER 101
VERY SMALL MEAT AND POULTRY PROCESSOR [FEDERAL INSPECTION]
REIMBURSEMENT GRANT PROGRAM
§ 10101. Short title of chapter.
This chapter shall be known and may be cited as the Very
Small Meat and Poultry Processor [Federal Inspection]
Reimbursement Grant Program.
§ 10102. Legislative intent.
It is the intent of the General Assembly [that very small
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meat processors be offered] to support the development and
expansion of current or future very small meat and poultry
processing operations in this Commonwealth by offering
reimbursement grants to cover the costs associated with [meeting
Federal inspection and certification guidelines during the
planning and start-up periods for these operations.]:
(1) A grant of inspection from the USDA Food Safety and
Inspection Service.
(2) Opening a new very small meat and poultry processing
operation.
(3) Expanding the capacity of a current very small meat
and poultry processing operation.
(4) A combination of paragraphs (1), (2) or (3).
§ 10103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A person applying for a reimbursement grant
under section 10104 (relating to grant program).
"Grant cycle." The period of time from when the department
solicits applications for grants under section 10104 (relating
to grant program) to when applicants spend grant funds awarded.
This period shall be no more than two fiscal years.
"Grant of inspection." An inspection by the USDA certifying
that products at a very small meat and poultry processing
operation are produced in accordance with Federal law.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"USDA." The United States Department of Agriculture.
["Very small meat processor." A person subject to Federal
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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.]
"Very small meat and poultry processing operation." A person
operating under a grant of inspection that meets the definition
of "very small establishment" as described in 9 CFR 381.65(g)(1)
(i) (relating to operations and procedures, generally).
§ 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] within the grant
cycle.
(2) Grant reimbursement money shall only be available
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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
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.] associated with:
(i) Meeting the requirements to obtain a grant of
inspection.
(ii) Opening a new very small meat and poultry
processing operation.
(iii) Expanding the capacity of a current very small
meat and poultry processing operation.
(iv) A combination of subparagraphs (i), (ii) or
(iii).
(c.1) Eligibility.--An applicant may apply to receive
reimbursement for eligible costs under section 10105 (relating
to eligible costs) if the applicant is a very small meat and
poultry processing operation and is either:
(1) currently operating under USDA Federal inspection;
or
(2) upon completion of the approved project, the
applicant will obtain a grant of inspection.
(c.2) Attestation.--
(1) An applicant shall attest to the eligibility
requirements under subsection (c.1).
(2) The attestation shall be made under penalty of law
and subject to 18 Pa.C.S. Ch. 49 (relating to falsification
and intimidation).
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(3) If a statement or material fact on the application
is found to be false, grant money received by the applicant
shall be returned to the department within 30 days of
notification of the finding.
(d) Application procedure.--An applicant who desires to
receive a [very small meat processor Federal inspection]
reimbursement grant under this section 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."] under
subsection (c.1).
(4) A detailed plan [outlining], including the process
being undertaken to [apply for and obtain Federal
certification as a meat processor.
(5) The estimated] meet the requirements necessary to
obtain a grant of inspection from the USDA Food Safety and
Inspection Service as a very small meat and poultry
processing operation. The plan shall outline the overall
project and materials being requested, including a line item
proposed budget, individual tasks required to complete the
project, a detailed timeline for completion of project tasks
and, if applicable, detailed descriptions of equipment or
supplies required to complete the project, training,
consulting, technical support, other services utilized.
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(5) A detailed list of costs, including training and
equipment costs, for which reimbursement is sought.
(6) An attestation signed by the applicant and subject
to 18 Pa.C.S. Ch. 49 stating the applicant is in [good
standing with all Federal licensure, recordkeeping and
slaughter requirements, including the Federal Hazard Analysis
Critical Control Point standards.] compliance, or will be in
compliance after the approved project, with the Federal Meat
Inspection Act (Public Law 90-201, 21 U.S.C. § 601 et seq.)
or the Poultry Products Inspection Act (Public Law 85-172, 21
U.S.C. § 451 et seq.) to maintain a grant of inspection .
(e) Evaluation of application.--The department shall
evaluate an application on the basis of:
(1) The ability of the applicant to complete the stated
project within the stated timeline.
(2) The ability of the applicant to provide a detailed
description of the project and project costs as required by
subsection (d).
(3) The potential of the project to provide slaughter or
meat or poultry processing capacity and services to this
Commonwealth's livestock and poultry producers.
(4) The potential of the project to provide availability
of Pennsylvania-produced meat or poultry products to
consumers.
§ 10105. Eligible costs.
The following costs, incurred during the term of the grant
cycle in which the grant is awarded, shall be eligible for
reimbursement:
[(1) Invoiced costs directly incurred for the initial
compliance inspection.]
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(1.1) Consulting or other technical support services
that directly support the development and maintenance of
programs required to operate under USDA Federal Inspection.
(2) [A one-time reimbursement for the cost, not
including man hours, directly incurred in producing the
required Federal Hazard Analysis Critical Control Point
plan.] Professional employee training and educational
services and programs that support the development and
maintenance of programs to operate under USDA Federal
Inspection. If a professional consultant is utilized [to
develop the Federal Hazard Analysis Critical Control Point
plan], reasonable costs may be reimbursed, as determined by
the department.
(3) Up to [50%] 85% of the actual costs of [a first-
time] the purchase of meat or poultry slaughter or processing
equipment [necessary for compliance with the Federal Hazard
Analysis Critical Control Point plan.] or supplies. This
paragraph does not include reimbursement of the cost of
planning, erection, repair or modification of a structure or
building or repair or installation of roofing or other
physical structure improvement.
(4) The purchase of equipment or supplies directly
related to employee safety.
§ 10106. Final reimbursement.
(a) Required submission.--Reimbursement shall be based on
the approved applicant's timely completion of the project and
submission of the final costs [of obtaining the required Federal
certification for which grant money was sought] related to
expenses and materials in the applicant's approved grant
project. The submission shall include:
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[(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.]
expenditures for eligible costs approved in the grant
application and invoices evidencing payment of the costs. The
documentation may include invoices for hours of training or
consultation.
(5) Documentation of the completion of the approved
project. The documentation may include pictures and dates of
training and equipment installation.
(6) Documentation demonstrating the very small meat and
poultry processing operation is operating under a grant of
inspection.
(7) A written report related to:
(i) The completed project.
(ii) The expansion of meat or poultry processing
capability.
(iii) Expanded services to this Commonwealth's
livestock and poultry producers.
(iv) An increase to the availability of this
Commonwealth's meat or poultry products to consumers.
(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
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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
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] and poultry processing operation.
Section 2. This act shall take effect immediately.
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