Subchapter A. GENERAL PROVISIONS
Sec.
102.1. Objectives.
102.2. Definitions.
102.3. Advisory Committee.
102.4. Annual Plan.
102.5. Grant cancellation.
102.6. Right of recovery.
102.7. Deficits.
102.8. Records.§ 102.1. Objectives.
The Pennsylvania Agricultural Fair Act (3 P. S. § § 1501—1508) was enacted to make funds available to encourage the further development and improvement of Pennsylvania’s agricultural fairs. The Department is authorized to make grants to eligible organizations from monies appropriated annually by the General Assembly.
§ 102.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Agricultural Fair Act (3 P. S. § § 1501—1508).
Activity day—The conducting of a minimum of 6 hours of events, activities or programs within a calendar day.
Agricultural Fair—An annual agricultural exhibition contributing to the development of several or many phases of agriculture or agribusiness by the conduct of educational programs, activities, demonstrations, contests and exhibits.
Class A Fair—An annual agricultural event which operates on 40 acres or more of land and pays $10,000 or more in premiums to winners of agricultural or agribusiness contests or exhibits.
Class B Fair—An annual agricultural event which operates on 30 acres or more of land and pays $7,500 to $9,999 in premiums to winners of agricultural or agribusiness contests or exhibits.
Class C Fair—An annual agricultural event which operates on 20 acres or more of land and pays $5,000 to $7,499 in premiums to winners of agricultural or agribusiness contests or exhibits.
Class D Fair—An annual agricultural event which operates on 10 acres or more of land and pays $2,500 to $4,999 in premiums to winners of agricultural or agribusiness contests or exhibits.
Class E Fair—An annual agricultural event which operates on fewer than 10 acres of land and pays less than $2,500 in premiums to winners of agricultural or agribusiness contests or exhibits.
Danish System—A method of judging agricultural contests and exhibits that permits a judge to conclude that several entries are equally meritorious which would allow several entries judged to be first place winners, several entries judged to be second place winners, and so forth.
Department—The Department of Agriculture of the Commonwealth.
Open class—An event for which agricultural or agribusiness premiums are paid and which is open to participants who need not be associated with a particular organization.
Operating costs—Costs involved in the general operation of the fair, including but not limited to, the cost of exhibiting agricultural or agribusiness products, materials and equipment; conducting agricultural or agribusiness educational activities and demonstrations, and awarding premiums to contest and exhibit winners.
Premiums—A cash award, ribbon or trophy awarded to winners of types of approved contests and exhibits as listed in the State Premium Guidelines Book.
Secretary—The Secretary of the Department.
State Premium Guidelines Book—A listing, approved by the Secretary, of agricultural and agribusiness contests and exhibits which are eligible for reimbursement of premiums. Copies are available from the Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408, Attention: Pennsylvania Agricultural Fair Program Administrator.
Statewide Agricultural Organization—An agricultural organization or association that is chartered or recognized by the Commonwealth and is representative of the mutual interests of those engaged in the production, processing, marketing or distribution of specific farm products or other agricultural commodities relative to agriculture or agribusiness.
Youth Activities Group—A countywide or Statewide 4-H, FFA or combined FFA/FHA units of boys and girls under 21 years of age which operate in the interest of agriculture or agribusiness.§ 102.3. Advisory Committee.
(a) Function and duties. The Advisory Committee shall assist and advise the Secretary, review proposed Departmental regulations and the Annual Plan for the administration of the act, and periodically review the operation of the program and make recommendations on the disbursement of funds.
(b) Quorum. No business may be transacted by the Advisory Committee in the absence of a quorum, which shall consist of four members.
(c) Membership.
(1) The Advisory Committee shall be composed of the following:
(i) The Secretary of Agriculture, who shall be the Chairperson.
(ii) The Chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives or a designee.
(iii) The Chairperson of the Agriculture and Rural Affairs Committee of the Senate or a designee.
(iv) Four additional members to be appointed by the Secretary, including three representatives of the agricultural fairs and one member who shall represent the public at large.
(2) The appointed members shall serve for terms of 2 years commencing with the date of their respective appointments, and shall serve at the pleasure of the Secretary.
Cross References This section cited in 7 Pa. Code § 102.31 (relating to submission and processing of applications).
§ 102.4. Annual Plan.
(a) Preparation. The Secretary shall prepare, with the advice and the assistance of the Advisory Committee, an Annual Plan setting forth a program and formula under which moneys appropriated annually by the General Assembly shall be distributed in accordance with the act and this chapter. In formulating the Annual Plan, the Secretary and the Advisory Committee shall consider, among other things, the following:
(1) The amount of moneys appropriated or expected to be appropriated by the General Assembly.
(2) The General Assembly’s declaration of purpose set forth at section 2 of the act (3 P. S. § 1502).
(3) The number of applications for grants submitted or expected to be requested.
(4) An equitable geographic distribution of grant moneys throughout the Commonwealth.
(b) Filing. The Secretary shall cause the plan to be submitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin as a notice under 45 Pa.C.S. § 725(b) (relating to additional contents of Pennsylvania Bulletin) by September 1 in the fiscal year which the plan covers.
§ 102.5. Grant cancellation.
A grant may be cancelled by the Secretary upon a determination that the funds are not being properly utilized.
§ 102.6. Right of recovery.
The Department has the right to make a claim for and receive from the applicant monies not expended in accordance with the act, this chapter or the Grant Agreement.
§ 102.7. Deficits.
The Department’s financial obligation is limited to the amount of the grant. The Department is not responsible for funding cost overruns incurred by applicants.
§ 102.8. Records.
(a) The applicant shall maintain books, records and other evidence pertinent to costs incurred in connection with the application for funds under either Subchapter B or C (relating to grants for operating costs; and capital improvement matching grant). The books and records shall be maintained according to generally accepted accounting principles.
(b) Financial records, supporting documents, statistical records and other records pertaining to the grant shall be retained by the applicant for 7 years following the date payment is made. The records and documents shall be available for inspection or audit at reasonable times by the Commonwealth, its agencies and instrumentalities.
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