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PA Bulletin, Doc. No. 10-2308




[ 7 PA. CODE CH. 143 ]

Transactions Between Dealers and Producers

[40 Pa.B. 6936]
[Saturday, December 4, 2010]

 The Milk Marketing Board (Board) amends Chapter 143 (relating to transactions between dealers and producers) by adding § 143.29 (relating to weighing and sampling of direct load milk) and amending § 143.46 (relating to producer receipt for farm bulk milk) under the authority of section 307 of the Milk Marketing Law (31 P. S. § 700j-307).

 Notice of proposed rulemaking was published at 40 Pa.B. 3127 (June 12, 2010) with a 30-day public comment period. The Board did not receive comments during the public comment period. The Senate Committee on Agriculture and Rural Affairs and the House Agriculture and Rural Affairs Committee (House and Senate Committees) did not offer comments, suggestions or objections to the proposed rulemaking. The Independent Regulatory Review Commission (IRRC) did not offer recommendations, comments or objections to the proposed rulemaking. No changes have been made from the proposed rulemaking to this final-form rulemaking.

 The Board considered this final-form rulemaking and its purpose under the directives of Executive Order 1996-1, ''Regulatory Review and Promulgation.''


 The purpose of the final-form rulemaking is to establish regulations to govern the weighing and sampling of milk when it is loaded directly from the milking parlor or milkhouse on a dairy farm into a movable bulk milk tanker for transportation. Most milk produced on dairy farms in this Commonwealth is pumped into bulk tanks on the farm for cooling and storage and picked up every day or every other day and loaded onto bulk milk tankers for transport to the processor. Current Board regulations establish procedures to ensure accurate weighing and sampling of this milk for purposes of payment to producers and require a receipt for the milk to be left with the producer at the time of pickup. While the number of dairy herds in this Commonwealth is decreasing, the average size of dairy herds is increasing. Many dairy herds in this Commonwealth now produce enough milk to fill a semitrailer bulk milk tanker in 24 hours or less. In these cases it is more efficient and cost effective to rapidly cool the milk and pump it directly onto a bulk milk tanker rather than storing the milk in a bulk tank for later pickup and transport. The existing regulations rely upon bulk tank calibration charts to determine the volume of milk and require agitation by means of the bulk tank agitator prior to sampling of milk in a stationary on-farm bulk tank and therefore will not work for milk loaded directly into mobile bulk tankers. Currently, there are several farms in this Commonwealth direct-loading their milk, using a variety of methods for weighing and sampling that milk. The final-form rulemaking establishes uniform procedures to ensure the accurate weighing and sampling of this milk and also amends the requirements for the producer's receipt for direct load milk.


 The Board did not receive comments during the public comment period. IRRC and the House and Senate Committees did not offer comments, suggestions or objections to the proposed rulemaking.

Paperwork Estimates

 The final-form rulemaking requires additional information pertaining to the method of weighing and sampling to be included on the producer's receipt for milk picked up from farms, but relaxes the requirement that the receipt be left at the farm at the time of pick-up.

Fiscal Impact

 The final-form rulemaking will not have fiscal impact on the majority of dairy producers who still store milk in bulk tanks, nor on the buyers or haulers of that milk. The final-form rulemaking should not have a negative fiscal impact on those few producers, haulers, weigher/samplers or dealers who will be affected by the regulations. These affected persons may see a positive fiscal impact in the form of time savings and increased efficiency by being able to eliminate the step of pumping milk from bulk tanks into tankers for transport.

Effective Date

 The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.

Sunset Date

 There is not a sunset date.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 27, 2010, the Board submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B. 3127, to IRRC and the Chairpersons of the House and Senate Committees for review and comment.

 Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the House and Senate Committees and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 14, 2010, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC, effective September 15, 2010.

Contact Person

 The official responsible for information on this final-form rulemaking is Keith Bierly, Secretary, Milk Marketing Board, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 787-4194.


 The Board finds that:

 (1) Public notice of the intention to adopt the final-form rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) A public comment period was provided as required by law.

 (3) The final-form rulemaking is necessary and appropriate for the administration of the act.


 The Board, acting under authorizing statute, orders that:

 (a) The regulations of the Board, 7 Pa. Code Chapter 143, are amended by adding § 143.29 and by amending § 143.46 to read as set forth at 40 Pa.B. 3127.

 (b) The Board will submit this order and 40 Pa.B. 3127 to the Office of Attorney General for review and approval as to legality and form as required by law.

 (c) The Board shall certify this order and 40 Pa.B. 3127 and deposit them with the Legislative Reference Bureau as required by law.

 (d) The order shall take effect upon final-form publication in the Pennsylvania Bulletin.


 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 5655 (October 9, 2010).)

Fiscal Note: Fiscal Note 47-14 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 10-2308. Filed for public inspection December 3, 2010, 9:00 a.m.]

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