Pennsylvania Act 1994-73 — PENNSYLVANIA AGRICULTURAL FAIR ACT - AMEND

Act text

PENNSYLVANIA AGRICULTURAL FAIR ACT - AMEND
                  Act of Jul. 7, 1994, P.L. 442, No. 73               Cl. 03
                             Session of 1994
                               No. 1994-73

     SB 1651

                                  AN ACT

     Amending the act of July 8, 1986 (P.L.437, No.92), entitled "An
        act providing for grants to agricultural societies and
        associations to develop and improve agricultural fairs;
        establishing an advisory committee in the Department of
        Agriculture; and making repeals," further providing for
        eligibility of organizations to receive grants; and granting
        certain regulatory authority to the State Harness Racing
        Commission.

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

        Section 1.  Section 6 of the act of July 8, 1986 (P.L.437,
     No.92), known as the Pennsylvania Agricultural Fair Act, is
     amended to read:
      Section 6.  Eligibility.
        (a)  Requirements.--To be eligible to receive a grant from
     the department, an organization must meet all of the following
     requirements:
            (1)  File applications for approval during the calendar
        year in which the activity is held.
            (2)  Conduct an annual agricultural fair which meets the
        following requirements:
                (i)  Exhibits agricultural or agribusiness products,
            materials and equipment.
                (ii)  Conducts agricultural or agribusiness
            educational activities and demonstrations.
                (iii)  Awards premiums to agricultural or
            agribusiness contest and exhibit winners with a top award
            for first place and proportionate awards to runners-up
            adjudged by position following the winner, but not to
            exceed ten in number.
                (iv)  Provides proper first aid through medical
            personnel and adequate sanitary facilities which meet
            Commonwealth and local requirements.
                (v)  Provides supervision of all activities by an
            officially appointed committee or a board of directors of
            not fewer than five persons.
                (vi)  Files all reports, forms and applications for
            moneys received from grants made available according to
            this act, and maintains records required by the rules and
            regulations promulgated by the department.
                (vii)  Provides that at least 25% of the events for
            which agricultural or agribusiness premiums are paid must
            be open class events.
                (viii)  Holds a program or programs contributing to
            the development of several or many phases of agriculture
            or agribusiness for not fewer than five activity days for
            Class A, B and C fairs and not fewer than three activity
            days for Class D and E fairs.
                (ix)  Operates with a minimum of 12 departments as
            outlined in the State Premium Guideline Book and has no
            fewer than five exhibitors in each department.
        (b)  Commencement of benefits.--An organization conducting an
     annual agricultural fair hereafter incorporated or recognized by
     a county government or the Commonwealth shall not be entitled to
     the benefits of this act until the organization has conducted
     three consecutive annual exhibitions of the character designated
     in this section. The organization shall, upon its inception,
     file with the secretary a declaration of its intention to apply
     for a grant for its fourth year. The organization must also file
     its report during the first three years in the same manner as an
     eligible organization. This subsection shall not apply to an
     eligible organization heretofore or hereafter incorporated which
     shall resume the holding of annual exhibitions of the character
     designated in this section, which exhibitions have been
     temporarily discontinued for a period of not more than two
     years.
        Section 2.  The act is amended by adding a section to read:
      Section 8.1.  Authority to regulate racing conducted at
                    agricultural fairs.
        Pursuant to the act of December 17, 1981 (P.L.435, No.135),
     known as the Race Horse Industry Reform Act, the State Harness
     Racing Commission shall have jurisdiction over and shall
     promulgate regulations as necessary for the proper
     administration of all racing conducted at an agricultural fair
     by a county agricultural society or an independent agricultural
     society.
        Section 3.  This act shall apply to organizations applying
     for grants on or after the effective date of this act, except
     that an organization which has previously received funding under
     this act shall have three years following the effective date of
     this act to comply with section 6(a)(2)(ix) of the act.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 7th day of July, A. D. 1994.

     ROBERT P. CASEY