Pennsylvania Administrative Code

§ 104.56. Responsibilities of the sales agent. (a) Providing basic producer information. The Department may issue a sales agent a written notice that the sales agent is to provide the Department the name and address of each producer from which the sales agent purchased $2,000 or …

§ 104.57. Penalties for noncompliance. (a) Sales agents. If a sales agent fails to comply, or fails to comply completely or fails to comply with this subchapter within the time specified, the Department may bring a civil action in the appropriate magisterial district seeking a pe…

§ 104.6. Responsibilities of sales agents. (a) Records to be kept by sales agent. 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 as described in subsection (b), the d…

§ 104.61. Scope. This subchapter establishes the procedures by which peach and nectarine producers pay producer charges owed the Program.

§ 104.62. 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…

§ 104.63. Producer charge. The producer charge owed the Program is $5 with respect to each acre of peach trees or nectarine trees, or both, grown by an affected producer. This producer charge was established by referendum among affected producers and by the order pursuant to whic…

§ 104.64. Responsibility for payment of producer charge. It is the responsibility of an affected producer to submit an annual statement, as described in § 104.65 (relating to accounting and payment) and to pay the appropriate producer charge owed the Program.

§ 104.65. 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 with respect to the calendar year referenced on the form an…

§ 104.71. Scope. This subchapter establishes the procedures by which persons who produce or sell wine under authority of a limited winery license issued under authority of section 505.2 of the Liquor Code (47 P. S. § 5-505.2) shall account for and pay producer charges owed the Pr…

§ 104.72. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Board—The persons appointed by the Secretary from among those producers whose commodities are subject to the marketing …

§ 104.73. Producer charges. The producer charges owed the Program shall be 15¢ per gallon of wine sold within a given marketing season, except in-State winery-to-winery sales in bond. In-State winery-to-winery sales in bond are exempt from charges. The producer charges may be cha…

§ 104.74. Responsibility for payment of producer charge. It is the responsibility of the producer to pay the appropriate producer charge owed the Program within the time period set forth in § 104.75(b) (relating to accounting and payment) and in the manner set forth in § 104.75(a…

§ 104.75. Accounting and payment. (a) Annual production statement. The Program will provide a producer with annual production statement forms with which to verify the quantity of wine that it has produced within a particular marketing season. The producer shall provide the follow…

§ 105.1. Program objectives. (a) Purpose. Through the awarding of matching grants and the placing of conditions upon how grant moneys are to be spent, the Grant Program will fund projects to increase consumer awareness of Pennsylvania agricultural products and thereby increase sa…

§ 105.10. Verification of use. (a) Verification. Within 3 months of the project completion date specified in the Grant Agreement, the applicant shall submit to the Department written receipts for the total amount of the project costs. The Department may also require that addition…

§ 105.11. Grant cancellation. A grant may be canceled by the Department if the Secretary determines that grant funds are not being spent in accordance with the terms and conditions of the Grant Agreement. In the event of cancellation, the Department may demand the return of the g…

§ 105.12. Deficits. The Department’s financial obligation or liability is limited to the amount of the grant. The Department will not be financially responsible for program cost overruns incurred by grant recipients.

§ 105.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—A Pennsylvania nonprofit agricultural product promotion and marketing organization which submits an application f…

§ 105.3. Limitations on grants. The minimum amount of a matching grant is $1,000. As a requisite to receiving a matching grant, an applicant shall obtain and provide funds in an amount at least equal to the matching grant amount for the Pennsylvania agricultural product promotion…

§ 105.4. Uses of matching grant moneys. (a) Conformity to application. Matching grant moneys awarded to an applicant under this chapter shall be expended solely for the specific Pennsylvania agricultural product promotion and marketing project described in the grant application. …

§ 105.5. Applications generally. (a) Application required. Interested Pennsylvania nonprofit agricultural product promotion and marketing organizations shall submit grant applications to the Department. (b) Obtaining an application. Application for grants under this chapter shall…

§ 105.6. Filing applications. (a) Place and time. An application for a grant under this chapter shall be received at the address in § 105.5(b) (relating to applications generally) by December 1, 1996. In subsequent years for which funding is available for this Grant Program, gran…

§ 105.7. Review of application. (a) Transmittal of application to Bureau. When the Bureau receives a complete and accurate grant application, it will forward this application, together with supporting documentation submitted therewith, to the Secretary for review. The Bureau may …

§ 105.8. Notice of disposition of application. The Department will mail to the applicant written notice of the acceptance or rejection of a grant application within 20 days of a decision in this regard. This notice will be by regular mail to the address indicated by the applicant…

§ 105.9. Grant agreement. After the Secretary approves a grant application, and as a precondition to the Department’s release of grant moneys to a successful applicant, the Department and the applicant will execute a written Grant Agreement which describes the terms and condition…

§ 106.1. Program objectives. The APDP is designed to stimulate the expansion and assist in the retention of fish farms for the purpose of creating new businesses and jobs and retaining existing business within this Commonwealth. The APDP provides low-interest loan financing for a…

§ 106.10. Right of recovery. The Department has the right to make a claim for and receive from the applicant moneys not expended in accordance with the act, this subchapter, or the loan agreement and any interest.

§ 106.101. Program objectives. The purpose of the APIP is to increase sales of Commonwealth-produced aquaculture products by increasing consumer demand through improved awareness and labeling. The APIP will provide a voluntary mechanism through which Commonwealth-produced aquacul…

§ 106.102. Limitations. (a) Applicant eligibility. Only eligible applicants will be considered for the APIP. To be eligible to participate under the APIP, applicants shall be registered Commonwealth aquaculture propagators or aquaculture-related companies in good standing that ar…

§ 106.103. General conditions. (a) Participation agreement. The approved, signed application for the APIP shall constitute the participation agreement. The participant desiring to take part in the APIP shall sign the application. The application will set forth the amount of the p…

§ 106.104. Application. (a) Application required. Applicants shall submit applications to participate in APIP activities on forms provided by the Department at the address set forth on the application. (b) Application requirements. An application for the APIP will not be consider…

§ 106.105. Review of applications. (a) Factors. Factors to be considered by the Department in selecting APIP participants include the following: (1) Current registration as an artificial propagator under the act or other verification that the applicant is an eligible participant.…

§ 106.106. Processing of applications. (a) Approval or denial. The Department may approve, approve with special conditions or reject applications. The Department will issue approvals in accordance with the general considerations and criteria of the act and this subchapter. (b) Pr…

§ 106.107. Notice of disposition of application. (a) Applications deemed complete. The Department will notify applicants in writing of a decision to approve, approve with special conditions or reject the application. When the application is rejected, the Department will set forth…

§ 106.108. Approved participant withdrawal policy. (a) Deadline. Approved participants shall submit a withdrawal request in writing to the Department at least 30 days prior to the date their withdrawal becomes effective. (b) Reimbursement. In the event of withdrawal by an approve…

§ 106.109. Conflict of interest. A member of the Advisory Committee may apply for participation in APIP activities if all decisions regarding the application are subject to 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the action does not violate the State Adverse …

§ 106.11. Deficits. The Department’s financial obligation or liability is limited to the amount approved in the terms of a loan. The Department is not responsible for cost overruns or other expenses incurred by loan recipients.

§ 106.110. Notice of program activity. (a) Identification of product. Persons who want to identify their product through the APIP program will be notified of program availability and restrictions in any of the following manners: (1) Pennsylvania Bulletin. Notice of APIP availabil…

§ 106.111. Recordkeeping. APIP data shall be maintained by the participant for 5 years from the termination date of approval to participate in the APIP.

§ 106.112. Cancellation/modification. An APIP participant approval may be canceled by the Department upon a determination that the approved participant has violated any provision of the act, this subchapter or the participation agreement, the approved participant violated the API…

§ 106.12. Contact information. (a) Program inquiries and applications shall be directed to: Aquaculture Production Development Program Bureau of Market Development Department of Agriculture 2301 North Cameron Street Harrisburg, Pennsylvania 17110 Telephone Number: (717) 783-8462F…

§ 106.131. Program objectives. The purpose of the APPP is to increase sales of aquaculture products through public awareness of aquaculture product availability and attributes. (1) To the extent possible, the APPP will provide opportunities for industry representatives to partici…

§ 106.132. Limitations. (a) Applicant eligibility. Only eligible applicants will be considered for the APPP. To be eligible to participate in activities under the APPP, applicants shall be registered Commonwealth aquaculture propagators or aquaculture-related companies in good st…

§ 106.133. General conditions. (a) Participation agreement. The approved, signed application for an APPP activity will constitute the participation agreement. The participant desiring to take part in an APPP sponsored activity shall sign the application which shall set forth the …

§ 106.134. Application. (a) Application required. Applicants shall submit applications to participate in APPP activities on forms provided by the Department at the address on the application. (b) Application requirements. An application for an APPP activity will not be considered…

§ 106.135. Review of applications. (a) Factors. Factors to be considered by the Department in selecting APPP participants include the following: (1) Participation in previous APPP and other Department activities. (2) Appropriateness of the applicant’s particular product or servic…

§ 106.136. Processing of applications. (a) Approval or denial. The Department may approve, approve with special conditions or reject applications. The Department will issue approvals in accordance with the general considerations and criteria of the act and this subchapter. (b) Pr…