Pennsylvania Administrative Code

§ 10.7. Permits and owner-shipper statements for movement of swine from quarantined herds. A permit is required to move quarantined swine from a quarantined premise. A person who has a permit to move quarantined swine shall file an owner-shipper statement with the Department with…

§ 10.8. Quarantine release. (a) Swine quarantined for noncompliance with importation health requirements shall be released from quarantine only when all importation requirements are met. (b) Swine quarantined in accordance with § 10.6(c) (relating to quarantine required) may be r…

§ 10.9. Qualified pseudorabies negative herd. Qualified pseudorabies negative herd status can be obtained and maintained by complying with the requirements as defined in 9 CFR Part 85 (relating to pseudorabies). Authority The provisions of this § 10.9 amended uner section 40 of t…

§ 101.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Conformation—The general body portions of a bovine animal and the ratio of meat to bone. Conformation is determined primari…

§ 101.2. Application of standards. (a) Vealers shall be graded largely on a composite evaluation of conformation, finish, quality and the total inherent physical characteristics of the animal. (b) The grade descriptions of vealers as provided in § 101.3 (relating to standards for…

§ 101.3. Standards for grades of vealers. The following minimum standards for grades of vealers are the same as the official United States Department of Agriculture standards, 7 CFR 53.123 (relating to specification for official United States standards for grades of vealers) and …

§ 102.1. Objectives. The Pennsylvania Agricultural Fair Act (3 P. S. § § 1501—1508) was enacted to make funds available to encourage the further development and improvement of Pennsylvania’s agricultural fairs. The Department is authorized to make grants to eligible organizations…

§ 102.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Agricultural Fair Act (3 P. S. § § 1501—1508). Activity day—The conducting of a minimum of 6 hours of …

§ 102.21. Submission and processing of applications. (a) Submission. An applicant desiring to be considered for a grant shall submit in quadruplicate to the Department, on a form prepared by the Department, an application for the grant under the act. An applicant requesting reimb…

§ 102.22. Amount of grant. (a) The amount of a grant awarded under this subchapter shall be calculated in a manner and awarded in an amount established by the Secretary in the Annual Plan. The grant may not exceed the statutory amounts set forth at section 5 of the act (3 P. S. §…

§ 102.23. Eligibility. (a) Applicant conducting an annual agricultural fair. An applicant, to be eligible for a grant under section 5(1) of the act (3 P. S. § 1505(1)), shall conduct a fair which meets the following requirements: (1) Exhibits agricultural or agribusiness products…

§ 102.24. Probationary organizations. (a) Applicant conducting an annual agricultural fair. An applicant conducting an annual agricultural fair is not entitled to a grant until it has notified the Department of its intent to conduct and has, in fact, conducted three consecutive a…

§ 102.3. Advisory Committee. (a) Function and duties. The Advisory Committee shall assist and advise the Secretary, review proposed Departmental regulations and the Annual Plan for the administration of the act, and periodically review the operation of the program and make recomm…

§ 102.31. Submission and processing of applications. (a) Submission. An applicant desiring to be considered for a capital improvement matching grant shall submit to the Department, on a form prepared by the Department, an application for the grant. The application shall include, …

§ 102.32. Amount of grant. (a) The amount of the grant awarded under this subchapter shall be calculated in a manner and awarded in an amount established by the Secretary in the annual plan. A grant will not be awarded contrary to the limitations set out in subsections (b)—(e). (…

§ 102.33. Eligibility. To be eligible for a capital improvement matching grant, an applicant shall conduct an annual agricultural fair under § 102.23(a) (relating to eligibility), and shall be eligible for a grant under section 5(1) of the act (3 P. S. § 1505(1)), both in the yea…

§ 102.34. Certification of completion. Within 30 days of completion of a project funded by a matching grant, the applicant shall file with the Department a certificate of completion, signed by its president or treasurer, stating that the funds were expended in accordance with sec…

§ 102.4. Annual Plan. (a) Preparation. The Secretary shall prepare, with the advice and the assistance of the Advisory Committee, an Annual Plan setting forth a program and formula under which moneys appropriated annually by the General Assembly shall be distributed in accordance…

§ 102.5. Grant cancellation. A grant may be cancelled by the Secretary upon a determination that the funds are not being properly utilized.

§ 102.6. Right of recovery. The Department has the right to make a claim for and receive from the applicant monies not expended in accordance with the act, this chapter or the Grant Agreement.

§ 102.7. Deficits. The Department’s financial obligation is limited to the amount of the grant. The Department is not responsible for funding cost overruns incurred by applicants.

§ 102.8. Records. (a) The applicant shall maintain books, records and other evidence pertinent to costs incurred in connection with the application for funds under either Subchapter B or C (relating to grants for operating costs; and capital improvement matching grant). The books…

§ 103.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Agricultural Commodities Marketing Act of 1968 (3 P. S. § § 1001—1013). Affected producers—Producers d…

§ 103.10. Announcing results of the referendum. (a) The Secretary will announce the results of the referendum within 30 days following the completion of the referendum period. The results will be published in the Pennsylvania Bulletin and disseminated to the news media. (b) The r…

§ 103.11. Reporting irregularities. Disputes concerning the referendum procedures shall be submitted in written form to the Secretary within 7 calendar days after the end of the referendum period.

§ 103.2. Calling of referendum. The Secretary shall, by adoption and promulgation of a referendum order, call for a referendum among the affected producers if: (1) After a public hearing on a proposed marketing program, the Secretary determines that the proposed program tends to …

§ 103.3. Publication of referendum order. The referendum order shall be published in the Pennsylvania Bulletin and in newspapers of general circulation that the Secretary designates in the referendum order. Source The provisions of this § 103.3 adopted August 25, 1972, effective …

§ 103.4. Referendum period. The referendum period shall be specified in the referendum order and may not be less than 14 days, computed from the time the ballots are deposited in the United States mail, first class postage prepaid. Ballots may be returned by mail or in person to …

§ 103.5. Distribution of voting materials. Distribution of a copy of the proposed program, the program for review of proposed amendments, official ballot, voting instructions and a preaddressed return envelope shall be made by mail to affected producers. The names of affected pro…

§ 103.6. Voting limitations. (a) A cooperative casting a representative vote may vote only its Pennsylvania eligible producer members as of the record date designated in the referendum order. (b) A producer may cast only one vote in a referendum. Source The provisions of this § 1…

§ 103.7. Ballots. (a) An individual producer ballot shall contain the following items: (1) The name of the commodity program. (2) Provision for ‘‘yes’’ and ‘‘no’’ votes. (3) Space for the producer to indicate his production volume for the period specified in the referendum order,…

§ 103.8. Counting of ballots. (a) The ballots shall be counted by a teller committee appointed by the Secretary. The committee may be assisted by employes of the Department of Agriculture. (b) Individual votes of producer members of a cooperative casting a representative vote sha…

§ 103.9. Challenged and spoiled ballots. (a) Ballots may be challenged by members of the teller committee, and the Secretary shall decide whether a challenged ballot is acceptable. (b) A ballot shall be considered a spoiled ballot if it is mutilated or marked in such a way it is …

§ 104.1. Scope. This subchapter establishes the procedures by which apple producers pay producer charges owed the Program, and by which a sales agent is required, upon request of the Program, to produce records and information relevant to the apple production of the producer for …

§ 104.12. Scope. This subchapter establishes the procedures by which persons who produce 5 or more acres of potatoes in a given year account for and pay producer charges owed the Program, and by which a sales agent is required, upon request of the Program, to produce records and …

§ 104.13. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Agricultural Commodities Marketing Act of 1968 (3 P. S. § § 1001—1013). Affected producer—A person…

§ 104.14. Producer charge. The producer charge owed the Program shall be $4 with respect to each acre of potatoes planted by an affected producer in a particular calendar year. This producer charge may be changed by subsequent amendment of the Program in accordance with the refer…

§ 104.15. Responsibility for payment of producer charge. It is the responsibility of an affected producer to submit an annual statement, as described in § 104.16 (relating to accounting and payment) and to pay the appropriate producer charge owed the Program. Source The provision…

§ 104.16. Accounting and payment. (a) Annual statement. The Program will provide the producer with annual statement forms with which to verify the producer’s name and address, whether the producer is an affected producer and the number of acres of planted potatoes that are subjec…

§ 104.17. Responsibilities of sales agents. (a) Required records. A sales agent whose business is located in this Commonwealth shall maintain records of the identity of each producer with respect to which it transacts business, the date of the transaction and the weight of the po…

§ 104.18. Calculation of minimum producer charge. (a) General. The Program may calculate a minimum producer charge in accordance with this section and pursue collection of that charge. (b) Presumption. At any proceeding at which the Program seeks payment of a producer charge from…

§ 104.2. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Fresh market—Apples that are marketed and have not been processed. Marketing season—The period from July 1 of a calendar…

§ 104.3. Producer charges. The producer charges owed the Program shall be 7¢ per bushel of apples sold for fresh market use and 4¢ per hundred pounds of apples sold or accepted for processing. These producer charges may be changed by subsequent amendment of the Program in accorda…

§ 104.4. Responsibility for payment of producer charge. It is the responsibility of the producer to submit a complete production verification statement, as described in § 104.5 (relating to accounting and payment), and to pay the appropriate producer charge owed the Program. Sour…

§ 104.5. Accounting and payment. (a) Production verification statement. The Program will provide the producer with production verification statement forms with which to verify the quantity of apples which it has produced for fresh market use or processing within a particular mark…

§ 104.51. Scope. This subchapter establishes the procedures by which vegetable producers shall account for and pay the producer charges owed the Program.

§ 104.52. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Auction—A market where producers provide vegetables in wholesale quantities to be auctioned to wholesale buyers. Cooper…