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PA Bulletin, Doc. No. 13-48




[ 7 PA. CODE CH. 143 ]

Transactions between Dealers and Producers

[43 Pa.B. 216]
[Saturday, January 12, 2013]

 The Milk Marketing Board (Board) amends Chapter 143 (relating to transactions between dealers and producers) under the authority of section 307 of the Milk Marketing Law (act) (31 P. S. § 700j-307).

 Notice of proposed rulemaking was published at 42 Pa.B. 1378 (March 17, 2012) with a 30-day public comment period. The Board did not receive public comments. Comments were not received from the Senate Agriculture and Rural Affairs Committee, the House Agriculture and Rural Affairs Committee or the Independent Regulatory Review Committee (IRRC).

Purpose of the Final-Form Rulemaking

 The purpose of the final-form rulemaking is to update several regulations pertaining to payments to producers and testing of producers' milk for payment purposes to reflect changes in the way producers are paid for milk and in milk testing and electronic communication technology that have occurred since these regulations were last amended.

Changes in the Final-Form Rulemaking

 There have not been changes in the final-form rulemaking from the proposed rulemaking. Therefore, this final-form rulemaking is adopted as proposed.

Paperwork Estimates

 The final-form rulemaking will not require additional paperwork by the regulated entities or the Commonwealth or its political subdivisions. The final-form rulemaking may ease the paperwork requirements for regulated entities by allowing notice of test results, monthly statements and producer payment to be done electronically rather than on paper delivered by mail.

Effective Date

 This 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 March 6, 2012, the Board submitted a copy of the notice of proposed rulemaking, published at 42 Pa.B. 1378, to IRRC and the Chairpersons of the House and Senate Agriculture and Rural Affairs 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 July 18, 2012, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective July 18, 2012.

Contact Person

 For further information about this final-form rulemaking, contact Timothy A. Moyer, 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 these final-form regulations 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 and comments were not received.

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


 The Board, acting under the authorizing statute, orders that:

 (a) The regulations of the Board, 7 Pa. Code Chapter 143, are amended by amending §§ 143.11—143.14 and 143.21—143.28 to read as set forth at 42 Pa.B. 1378.

 (b) The Board will submit this order and 42 Pa.B. 1378 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 42 Pa.B. 1378 and deposit them with the Legislative Reference Bureau as required by law.

 (d) The order shall take effect upon 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 42 Pa.B. 4992 (August 4, 2012).)

Fiscal Note: Fiscal Note 47-16 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 13-48. Filed for public inspection January 11, 2013, 9:00 a.m.]

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