PRINTER'S NO. 1396
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1055
Session of
2022
INTRODUCED BY ARGALL, LAUGHLIN AND MENSCH, FEBRUARY 14, 2022
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 14, 2022
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in agricultural commodities marketing, further
providing for definitions and for commodity marketing board;
and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "commodity marketing board" or
"board" in section 4502 of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4502. 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:
* * *
"Commodity marketing board" or "board." The persons who are
appointed [by the Secretary of Agriculture] as provided in this
chapter from among producers whose commodities are subject to an
issued marketing program.
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Section 2. Section 4504(a) of Title 3 is amended and the
section is amended by adding a subsection to read:
§ 4504. Commodity marketing board.
(a) Establishment of commodity marketing board.--
(1) Each marketing program issued pursuant to this
chapter shall provide for the establishment of a commodity
marketing board, which shall have primary decision-making
authority relative to marketing contracts and other projects
in furtherance of the program. [The]
(1.1) Subject to the provisions of subsection (f), the
number, representation, qualifications and terms of board
members and the schedule of regular board meetings and
procedure for calling special board meetings shall be
established in the issued marketing program. No marketing
program shall be issued to establish a commodity board of
less than five members, one of whom shall be the secretary or
the secretary's designee. The other board members shall be
appointed, except for the Pennsylvania Wine Marketing and
Research Program Board under subsection (f), by the secretary
from among the agricultural producers whose commodities shall
be subject to the marketing program. In making these
appointments, the secretary shall consider nominations
submitted by the producers.
(1.2) No decision by the board shall be effective
unless, pursuant to regular or special meetings, a majority
of board members were present and a majority of those present
voted in support of the decision. All decisions rendered by
the board shall be recorded in written minutes of the
meeting, and the recorded minutes shall be made available to
the secretary and to the producers whose commodities are
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subject to the marketing program.
(2) If the secretary requires sales agents to collect
producer charges under section 4510(b) (relating to
collection of fees), an additional member shall be appointed
to the board by the secretary[.], except for the Pennsylvania
Wine Marketing and Research Program Board under subsection
(f). This member shall represent these sales agents who are
subject to the marketing program collection agreement. In
making the appointment, the secretary shall consider
nominations by the sales agents.
* * *
(f) Pennsylvania Wine Marketing and Research Program
Board.--
(1) Any marketing program issued under this chapter
specifically for viticultural products shall provide for the
establishment of a board, to be known as the Pennsylvania
Wine Marketing and Research Program Board, of the following
members:
(i) The secretary or his designee.
(ii) One individual appointed by the President pro
tempore of the Senate.
(iii) One individual appointed by the Minority
Leader of the Senate.
(iv) One individual appointed by the Speaker of the
House of Representatives.
(v) One individual appointed by the Minority Leader
of the House of Representatives.
(vi) Four individuals appointed by the chairman of
the Pennsylvania Liquor Control Board.
(2) Except as provided under this subsection, the
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members shall serve on the same terms and conditions as
members appointed by the secretary and must:
(i) Be residents of this Commonwealth.
(ii) Have substantial experience or expertise in the
Pennsylvania wine industry.
(iii) Serve at the pleasure of the appointing
authority.
(3) In addition to the powers and duties contained in
paragraph (4) and subsection (c), the Pennsylvania Wine
Marketing and Research Program Board shall have the power to:
(i) Elect or appoint from the membership of the
board a chairman, vice chairman, secretary and treasurer.
(ii) Meet as often as necessary but at least
annually and hold special meetings at the request of the
chairman or upon request of one-third of the members of
the board.
(iii) Adopt guidelines establishing the procedure by
which an entity may submit an application for grant
funding under this subsection to the Pennsylvania Wine
Marketing and Research Program Board.
(4) The Pennsylvania Wine Marketing and Research Program
Board has the following duties as to awarding grants:
(i) Make recommendations to the Pennsylvania Liquor
Control Board to award grants to entities for the purpose
of increasing the production of Pennsylvania-made wines
and enhancing the Pennsylvania wine industry through
promotion, marketing and research-based programs and
projects.
(ii) Allocate grants through a competitive grant
review process established by the Pennsylvania Wine
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Marketing and Research Program Board. The application for
a grant shall include:
(A) the purpose for which the grant shall be
utilized;
(B) information indicating need for the grant;
(C) an estimated budget;
(D) methods for measuring outcomes; and
(E) any other criteria as the board may require.
(iii) Require grant recipients to provide the
Pennsylvania Wine Marketing and Research Program Board
with full and complete access to all records relating to
the performance of the grant and to submit at the time
and in the form as may be prescribed truthful and
accurate information that the Pennsylvania Wine Marketing
and Research Program Board may require.
(iv) Conduct a thorough annual evaluation of each
program for which a grant under this subsection is made.
The Pennsylvania Wine Marketing and Research Program
Board shall seek repayment of funds if the Pennsylvania
Wine Marketing and Research Program Board determines that
funds are not utilized for the original stated purpose.
(v) Submit an annual report to the General Assembly
detailing all actions of the Pennsylvania Wine Marketing
and Research Program Board and grants awarded under this
subsection.
Section 3. A member of the Pennsylvania Wine Marketing and
Research Program Board who both serves on the board as of the
effective date of this section and was appointed by the
Secretary of Agriculture to the board prior to the effective
date of this section may continue to serve on the board until
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the member's appointment expires.
Section 4. Repeals are as follows:
(1) The General Assembly finds that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Section 488.1 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is repealed.
Section 5. This act shall take effect in 60 days.
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