PROPOSED RULEMAKING
MILK MARKETING BOARD
[ 7 PA. CODE CH. 143 ]
Producer Receipt for Farm Bulk Tank Milk
[38 Pa.B. 3819]
[Saturday, July 12, 2008]The Milk Marketing Board (Board) proposes to amend § 143.46 (relating to producer receipt for farm bulk tank milk) to read as set forth in Annex A.
Purpose of Proposed Amendment
Currently § 143.46 requires persons who pick up bulk milk from farms to prepare a bill of lading or a similar document in triplicate, with one copy to be left at the farm at the time of pick-up, another to be retained by the milk hauler and the original to be retained by the purchasing milk dealer or cooperative. The Board has interpreted this regulation to require the use of carbon paper or similar carbonless forms which make three exact copies of the bill of lading at the time it is created. Milk dealers, cooperatives and milk haulers have asked the Board to relax this requirement to allow the use of new technology that will allow them to more efficiently record and retain the required information. The purpose of this amendment is to allow for use of other, more efficient means of preparing the bill of lading for bulk milk picked up from farms, as long as certain information, in a form approved by the Board, is left with the producer at the time the milk is picked up and also retained by the hauler and purchaser.
Summary of Proposed Amendment
The word ''tank'' has been removed from both the heading of the section and subsection (a) because on some large farms, the milk is cooled and loaded directly onto tanker trailers during milking, rather than being stored in bulk tanks on the farm for later pick-up. This change makes it clear that this regulation applies to all bulk milk picked up from farms, not just milk in bulk tanks.
The amendment eliminates the need for hard copies to be made out in triplicate, as long as the required information is in a form approved by the Board and the same information is left with the producer and retained by the hauler and purchaser. The amendment also allows the milk volume to be measured in metric units rather than only pounds or gallons (see subsection (a)(3)); allows for an electronic or equivalent signature of the weigher/sampler picking up the milk (see subsection (a)(5)); and adds the ''Temperature of the milk at the time of pick-up'' as part of the required information (new subsection (a)(6)).
The amendment also adds the words ''or cooperatives'' to the regulation in recognition of the fact that much of the milk is picked up from farms by trucks either owned or hired by cooperatives. Finally, the amendment adds a provision to protect the dairy producer in the event of a discrepancy between the quantity of milk recorded for the producer's records and that recorded for retention by the hauler or purchaser, in which case the producer is to be paid based upon the highest quantity of milk recorded that can be correlated back to the calibration chart.
Statutory Authority
Section 307 of the Milk Marketing Law (law) (31 P. S. § 700j-307) provides the Board with the authority to adopt and enforce regulations necessary or appropriate to carry out the provisions of the law.
Meeting with Interested Parties
On November 20, 2007, the Board, at the request of interested parties, held a meeting to receive comments and suggestions as to how this regulation could be changed to better serve the industry. Among the attendees were representatives of Land O'Lakes, Inc., Maryland and Virginia Milk Producers Cooperative, Dairy Marketing Services, LLC, Dairylea Cooperative, Pennsylvania Association of Milk Dealers, Pennsylvania Farm Bureau, Barefoot Trucking, Inc., and Board's field staff. Based upon the suggestions of participants at this meeting, Board staff drafted a proposed amendment which was circulated by means of e-mail to the interested parties. One of the parties suggested a minor change, which was agreed to by the other parties, and which has been incorporated into the proposed amendment.
Fiscal Impact
The Board believes that adoption of this amendment will save time and eliminate the need for unnecessary paperwork for milk haulers, milk cooperatives and milk dealers, and thus will have a positive fiscal impact on these businesses.
Paperwork Requirements
There are no paperwork requirements.
Effective Date; Sunset Date
The proposed amendment will become effective upon publication in the Pennsylvania Bulletin as final-form rulemaking. There is no sunset date.
Regulatory review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), a copy of this proposal was submitted on July 1, 2008, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Agriculture and Rural Affairs. In addition to submitting the proposed amendment, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it will notify the Board within 30 days of the close of the public comment period. The notification shall specify the Regulatory Review criteria which have not been met by that portion. The Regulatory Review Act (71 P. S. §§ 745.1--745.12a) specifies detailed procedures for review by the Board, the General Assembly and the Governor of objections raised before final publication of the regulation.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections concerning the proposed amendment to Chief Counsel, Milk Marketing Board, 2301 North Cameron Street, Harrisburg, PA 17110, within 30 days following publication in the Pennsylvania Bulletin.
RICHARD KRIEBEL,
ChairpersonFiscal Note: 47-13. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART VI. MILK MARKETING BOARD
CHAPTER 143. TRANSACTIONS BETWEEN DEALERS AND PROCEDURES
MISCELLANEOUS PROVISIONS § 143.46. Producer receipt for farm bulk [tank] milk.
(a) Pick-up of farm bulk [tank] milk shall be supported by a bill of lading or similar document [made out in triplicate] either by Board-approved electronic media or paper document and containing the following information:
* * * * * (3) Pounds or gallons or similar metric equivalent of milk.
* * * * * (5) Signature [of the person picking up the milk], or electronic equivalent, together with the certificate number of the weigher/sampler picking up the milk.
(6) Temperature of the milk at the time of pick-up.
(b) [One copy of the document] The information required by subsection (a) shall be left with each producer[; one copy] at the time of pick-up. The same information shall be retained by the milk hauler for [a period of] 90 days; and the [original] same information shall be retained by the purchasing milk dealer or cooperative for [a period of] 90 days. In the event that the quantity of milk recorded and left with the producer at the time of pick-up differs from either the hauler information or the information retained by the dealer or cooperative, the producer shall be paid based on the highest quantity of milk recorded that can be correlated back to the calibration chart.
[Pa.B. Doc. No. 08-1292. Filed for public inspection July 11, 2008, 9:00 a.m.]
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