PRIOR PRINTER'S NO. 61

PRINTER'S NO. 1455

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

72

Session of

2023

INTRODUCED BY KERWIN, GLEIM, STEHR AND ZIMMERMAN, MARCH 7, 2023

AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 2023

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

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;

providing for certified testers and for certified weighers

and samplers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 404.1, 602 and 603 of the act of April

28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, are

amended to read:

SECTION 404.1. PENALTIES IN LIEU OF SUSPENSION.--IN ANY CASE

WHERE THE BOARD SHALL SUSPEND A LICENSE, THE BOARD MAY ACCEPT

FROM THE LICENSEE AN OFFER IN COMPROMISE AT THE RATE OF [ONE

with reference to, the amount of butterfat or appropriate milk

components contained in such milk, unless the butterfat or

component tests thereof is conducted by a tester certified by

the board.

The certified tester shall keep an accurate record of all

tests made, and copies of such record shall be kept for a period

of two (2) years by him and by the milk dealer.

Any person who, upon the effective date of this act, is the

holder of a certificate of proficiency for milk testing issued

after examination conducted by the Pennsylvania Department of

therein as a certified tester.

Any person who is not the holder of such certificate of

proficiency upon the effective date of this act, shall, prior to

applying for a tester's certificate, apply to the board for a

certificate of proficiency. Such application shall be

accompanied by a fee [of five dollars ($5.00).] established

under section 7 of the act of July 1, 1978 (P.L.730, No.132),

known as the "Milk Marketing Fee Act." The applicant shall be

required to pass an examination in milk testing, reasonably

prescribed and conducted by the board, and upon approval of the

application shall be issued a certificate of proficiency.

prescribed by the board, before commencing to test milk[, and

annually thereafter on or before December first].

The tester's certificate issued hereunder shall be for [the

term of one calendar year] a term of no more than two (2) years

from the date of issuance, and shall be posted and kept in plain

view in the plant in which the certified tester is employed.

Section 603. Certified Weighers and Samplers.--It shall be

unlawful for any milk dealer to buy or receive milk from

producers, or to sell or deliver milk to stores or consumers on

the basis of, or with reference to, the amount of butterfat or

method prescribed in this act or in regulations established by

the board under this act.

It shall be unlawful for any person to pick up milk from

farms unless the person making the pickup has a valid tester's

certificate or weigher's or sampler's certificate issued by the

board.

Any person who, upon the effective date of this act, is the

holder of a certificate of proficiency for milk weighing and

sampling issued after examination conducted by the Pennsylvania

Department of Agriculture, shall, upon application to the board

on a form prescribed by the board furnishing information

board for a certificate of proficiency. Such application shall

be accompanied by a fee [of five dollars ($5.00).] established

under section 8 of the act of July 1, 1978 (P.L.730, No.132),

known as the "Milk Marketing Fee Act." The applicant shall be

required to pass an examination in weighing and sampling milk,

reasonably prescribed and conducted by the board, and upon

approval of the application shall be issued a certificate of

proficiency. Thereupon, and [annually] thereafter without such

examination, the person so certified may apply for a certificate

as a certified weigher and sampler. The application for such

the board, before commencing to sample milk[, and annually

thereafter on or before December first].

The weighing and sampling certificate issued hereunder shall

be for [the term of one calendar year] a term of no more than

two (2) years from the date of issuance, and shall be posted and

kept in plain view in the room in which the certified weigher

and sampler is employed.