§ 102.23. Eligibility.
(a) Applicant conducting an annual agricultural fair. An applicant, to be eligible for a grant under section 5(1) of the act (3 P. S. § 1505(1)), shall conduct a fair which meets the following requirements:
(1) Exhibits agricultural or agribusiness products, materials and equipment.
(2) Conducts agricultural or agribusiness educational activities and demonstrations.
(3) 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.
(4) Provides proper first aid through medical personnel and adequate sanitary facilities which meet Commonwealth and local requirements. Fairgrounds shall be sprayed properly to control insects prior to opening of the fair or activity.
(5) Provides supervision of activities by an officially-appointed committee or a board of directors of at least five persons.
(6) Files reports, forms and applications and maintains records required by this chapter.
(7) Provides that at least 25% of the events for which agricultural or agribusiness premiums are paid are open class events.
(8) Holds a program contributing to the development of several or many phases of agriculture or agribusiness for at least 5 consecutive activity days for Class A, B and C fairs, and at least 3 consecutive activity days for Class D and E fairs.
(9) Takes adequate precautions against fire and keeps wind hazards to a minimum. Barns which are fire hazards may not be used to house livestock. Proper fire fighting equipment shall be reasonably available.
(b) Harness racing. An applicant applying for a grant for conducting harness racing as part of its Annual Agricultural Fair shall:
(1) Conduct the racing under the guidance of the Department.
(2) Comply with, and require that those participating in the race comply with, the applicable rules of the United States Trotting Association and, during the course of its race meeting, display the license issued by the United States Trotting Association for the current year.
(c) Youth activities group. An applicant, to be eligible for a grant under section 5(3) of the act (3 P. S. § 1505(3)), shall meet the following requirements:
(1) Application shall be made through, and the organization shall be represented by, an adult advisory group and both groups shall be recognized by their respective county governments or by the Commonwealth.
(2) Conduct 18 hours or more of activities annually that pertain to the improvement or progress of agriculture or agribusiness. The activities may include training and instruction in grading of livestock and poultry breeding and raising livestock or poultry, grading eggs, marketing, public speaking, packaging, holding agricultural contests for premiums or ribbons, planting, demonstrations, planning, fitting or another phase of agriculture or agribusiness.
(3) Provide the Department with a list of current members, their addresses and birth dates.
(d) Statewide agricultural organization. An applicant, to be eligible for a grant under section 5(2) of the act (3 P. S. § 1505(2)), shall meet the following requirements:
(1) Have members representing a majority of the counties in this Commonwealth.
(2) Conduct an annual event which meets the following requirements:
(i) Hold an annual event of at least 3 consecutive activity days.
(ii) Provide proper first aid through medical personnel and adequate sanitary facilities which meet Commonwealth and local requirements.
(iii) Provide supervision of activities by an officially-appointed committee or a board of directors of at least five persons.
(iv) File reports, forms and applications and maintain records required by this chapter.
(e) Conditions applicable to applicants. To be eligible for a grant under section 5(1), (2) or (3) of the act, an applicant shall have complied with, and agree to continue to comply with, the following requirements:
(1) Maintain and preserve for a period of 3 years or more, the books and records of the organization including books and records relating to the payment of premiums.
(2) Make its books and records, including books and records relating to the payment of premiums, readily available for audit or inspection by the Department through its designated agent or another interested Commonwealth agency through its designated agent.
(3) Conduct contests and exhibits in the following manner:
(i) Employ qualified judges and keep for a period of 3 years the names and addresses of judges so employed.
(ii) Judge contests in an area where participants and spectators are not permitted and where judges will be without interference or distraction from other sources, even by officers who are permitted in the same area for administrative purposes. Youth groups, harness horse racing and judging done in conjunction with an educational experience are exempt from this subsection.
(iii) Judges may not enter exhibits in classes in which they are serving.
(iv) Entry tags or identification cards shall be supplied and posted for each exhibit and winning ribbons or stickers shall be attached immediately after awards are made. If a group of the same breed of cattle, hogs or sheep is stalled or penned together, one large banner or sign can be displayed so that they can be readily recognized by the viewers.
(v) Publish and distribute a premium book or premium list showing the activities of the event, classes of exhibits and displays and amounts of premiums offered for each class. This subparagraph does not apply to youth activities groups.
(vi) No exhibit may show the name of the exhibitor before judging has been completed except in cases where judging is done at another location.
(vii) Establish uniform procedures for the standard recording of the operating costs and premiums in accordance with a system approved by the Department.
(viii) Premiums, awards and operating expenses shall be paid by check.
(ix) No livestock or poultry from a premises under quarantine for a contagious or infectious disease is eligible to be exhibited.
(x) No livestock or poultry showing visible, clinical signs of contagious or infectious disease is eligible to be exhibited.
(xi) Livestock or poultry not representative of their species due to conformation, conditioning or of a fractious nature is not eligible to be exhibited.
Cross References This section cited in 7 Pa. Code § 102.24 (relating to probationary organizations); and 7 Pa. Code § 102.33 (relating to eligibility).
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