Pennsylvania Act 1992-3 — PENNSYLVANIA AGRICULTURAL COMMODITIES MARKETING ACT OF 1968 - AMEND

Act text

PENNSYLVANIA AGRICULTURAL COMMODITIES MARKETING ACT OF 1968 - AMEND
                    Act of Mar. 5, 1992, P.L. 4, No. 3                Cl. 03
                             Session of 1992
                                No. 1992-3

     HB 401

                                  AN ACT

     Amending the act of September 20, 1961 (P.L.1541, No.657),
        entitled, as reenacted and amended, "An act providing for the
        issuing, administration, enforcement and termination of
        marketing programs on agricultural commodities; imposing
        powers and duties on the Secretary of Agriculture; providing
        for the creation and operation of advisory boards;
        prescribing the content of programs; and providing for the
        imposition and collection of fees," further providing for the
        vote on the review of the marketing program and for the
        collection of producer charges by sales agents.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 4(a) of the act of September 20, 1961
     (P.L.1541, No.657), known as the Pennsylvania Agricultural
     Commodities Marketing Act of 1968, reenacted and amended July
     16, 1968 (P.L.359, No.179) and amended May 6, 1987 (P.L.1,
     No.1), is amended to read:
         Section 4.  Commodity Marketing Board.--(a)  (1)  Every
     marketing program, issued pursuant to this act, shall provide
     for the establishment of a commodity marketing board, which
     shall have primary decisionmaking authority relative to
     marketing contracts and other projects in furtherance of such
     program. 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 his
     designee. The other board members shall be appointed 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. 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 subject to
     the marketing program.
        (2)  If the secretary requires sales agents to collect
     producer charges under section 10(b), an additional member shall
     be appointed to the board by the secretary. 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.
        * * *
        Section 2.  Section 8(a) of the act, amended August 31, 1971
     (P.L.425, No.102), is amended to read:
         Section 8.  Marketing Program Review; Amendments.--(a)
     Every five years the Secretary of Agriculture shall call a
     referendum of affected producers within each agricultural
     commodity group for which a marketing program exists to
     determine whether or not [two-thirds] a majority  of those
     voting still desire a marketing program.
        * * *
        Section 3.  Section 10(b) of the act, amended May 6, 1987
     (P.L.1, No.1), is amended to read:
         Section 10.  Collection of Fees.--* * *
        (b)  For the convenience of making collections of any
     producers charges established pursuant to this section, the
     secretary [may collect such charge from the sales agent of the
     producer] shall have the authority and may, by regulation, upon
     the request of a commodity marketing board, require sales agents
     to collect producer charges upon the sale of the agricultural
     commodity.
        * * *
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 5th day of March, A. D. 1992.

     ROBERT P. CASEY