Subchapter B. POTATO RESEARCH PROGRAM
Sec.
104.11. [Reserved].
104.12. Scope.
104.13. Definitions.
104.14. Producer charge.
104.15. Responsibility for payment of producer charge.
104.16. Accounting and payment.
104.17. Responsibilities of sales agents.
104.18. Calculation of minimum producer charge.§ 104.11. [Reserved].
Source The provisions of this § 104.11 reserved July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534. Immediately preceding text appears at serial page (206501).
§ 104.12. Scope.
This subchapter establishes the procedures by which persons who produce 5 or more acres of potatoes in a given year account for and pay producer charges owed the Program, and by which a sales agent is required, upon request of the Program, to produce records and information relevant to the potato acreage and production of the potato producer for whom it is the sales agent.
Source The provisions of this § 104.12 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
§ 104.13. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Agricultural Commodities Marketing Act of 1968 (3 P. S. § § 1001—1013).
Affected producer—A person who produces or grows 5 or more acres of potatoes within this Commonwealth in a calendar year for sale or marketing.
Department—The Department of Agriculture of the Commonwealth.
PASS—The Pennsylvania Agricultural Statistics Service.
Person—An individual, firm, partnership, corporation, association or other business unit.
Potatoes—All varieties of potatoes grown in this Commonwealth.
Processor—A person who commercially processes potatoes into potato products, including frozen, dehydrated or canned potato products, potato chips, shoestring potatoes and flour.
Program—The Pennsylvania Potato Research Program.
Sales agent—A processor, a producer or a person who purchases, handles, receives, sells or contracts to sell potatoes originating from a producer. A producer may be a sales agent with respect to potatoes of his own production.
Source The provisions of this § 104.13 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
§ 104.14. Producer charge.
The producer charge owed the Program shall be $4 with respect to each acre of potatoes planted by an affected producer in a particular calendar year. This producer charge may be changed by subsequent amendment of the Program in accordance with the referendum procedure in Chapter 103 (relating to referendums).
Source The provisions of this § 104.14 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
§ 104.15. Responsibility for payment of producer charge.
It is the responsibility of an affected producer to submit an annual statement, as described in § 104.16 (relating to accounting and payment) and to pay the appropriate producer charge owed the Program.
Source The provisions of this § 104.15 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
§ 104.16. Accounting and payment.
(a) Annual statement. The Program will provide the producer with annual statement forms with which to verify the producer’s name and address, whether the producer is an affected producer and the number of acres of planted potatoes that are subject to the producer charge. The affected producer shall complete and submit the annual statement form in accordance with this section.
(b) Form of payment. Payment of a producer charge shall be by check or money order made payable to the ‘‘PA Potato Research Program.’’
(c) Address. The annual statement form and payment described in subsections (a) and (b) shall be mailed or delivered to:
Department of Agriculture Bureau of Market Development Attn: PA Potato Research Program 2301 North Cameron Street Harrisburg, Pennsylvania 17110-9408
(d) Deadline. The annual statement form and payment described in subsections (a) and (b) shall be postmarked and mailed, or actually delivered to the Program, by July 31 of the calendar year in which the potatoes were planted.
(e) Penalty for noncompliance. An affected producer who fails to mail or deliver the required annual statement form as described in subsection (a), and the producer charges owed the Program within 30 days of the due date, as described in subsection (d), shall be required to pay a penalty of at least $100 but not more than $500, and as nearly equivalent to 100% of the amount of the delinquent producer charges as is practicable. An action seeking the imposition of a penalty, plus payment of producer charges owed the Program, may be brought in the appropriate magisterial district. A penalty imposed shall be in addition to the delinquent producer charges owed the Program.
Source The provisions of this § 104.16 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
Cross References This section cited in 7 Pa. Code § 104.15 (relating to responsibility for payment of producer charge).
§ 104.17. Responsibilities of sales agents.
(a) Required records. A sales agent whose business is located in this Commonwealth shall maintain records of the identity of each producer with respect to which it transacts business, the date of the transaction and the weight of the potatoes involved in the transaction. A transaction includes the purchase of potatoes from a producer, the handling of potatoes on behalf of a producer, the processing of potatoes on behalf of a producer, the receipt of potatoes from a producer, the sale of potatoes on behalf of a producer and the contracting to sell potatoes on behalf of a producer.
(b) Retention of records. A sales agent who is required to keep records under subsection (a) shall retain these records for at least 2 calendar years beyond the calendar year within which the transaction occurred.
(c) Demand for production of information. The Program may issue a written demand for production of the records described in subsection (a) upon a sales agent whose business is located in this Commonwealth.
(d) Contents of demand. A demand for production of information shall set forth the following:
(1) The time period with respect to which information is sought.
(2) A general description of the information which must be produced. This description may include the names of specific producers with respect to which information is sought.
(3) The date by which the sales agent shall mail or deliver its response to the Program. This date shall be at least 14 days from receipt of the demand for production of information.
(4) A reference to the penalties which could be imposed upon the sales agent if it fails to respond, fails to respond completely or fails to respond within the time specified to a demand for production of information.
(e) Sales agent’s duty. A sales agent whose business is located in this Commonwealth who receives a written demand for production of information is responsible for providing the requested information that is within the sales agent’s possession or control within the time specified in the demand for production of information.
(f) Option for designated handlers under the Potato Research and Promotion Act. A sales agent who is also a designated handler under the Potato Research and Promotion Act (7 U.S.C.A. § § 2611—2627) and its attendant regulations, 7 CFR 1207.512 and 1207.513 (relating to designated handler; and payment of assessments), may satisfy its duty under subsection (e) by providing the Program with a copy of the appropriate designated handler report described at 7 CFR 1207.513(c).
(g) Penalty for noncompliance. A sales agent whose business is located in this Commonwealth who fails to respond, or who fails to respond completely, or who fails to respond within the time specified to a demand for production of information shall be required to pay a penalty of at least $100 but not more than $300. An action seeking imposition of a penalty may be brought in the appropriate magisterial district.
Source The provisions of this § 104.17 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
Cross References This section cited in 7 Pa. Code § 104.18 (relating to calculation of minimum producer charge).
§ 104.18. Calculation of minimum producer charge.
(a) General. The Program may calculate a minimum producer charge in accordance with this section and pursue collection of that charge.
(b) Presumption. At any proceeding at which the Program seeks payment of a producer charge from an affected producer, there shall be a rebuttable presumption that a minimum producer charge calculated in accordance with this section is the actual producer charge owed the Program.
(c) Calculation. To calculate a minimum producer charge, the Program will do the following:
(1) Determine the minimum weight of potatoes produced by an affected producer within a particular calendar year. This may be accomplished by using production information obtained from sales agents under § 104.17 (relating to responsibilities of sales agents).
(2) Obtain the county-by-county summary of potato acreage, yield, production and value compiled by PASS in its annual statistical summary for the calendar year at issue.
(3) Determine the PASS average per-acre potato yield figure for that county, if the county from which the potatoes were produced is known. If the figure is not available for that county, or if the potatoes were produced from more than one county, or if the county from which the potatoes were produced is not known, determine the PASS average per-acre potato yield figure for the entire Commonwealth.
(4) Divide the weight of potatoes determined under paragraph (1) by 110% of the applicable average per-acre potato yield figure determined under paragraph (3). This quotient equals the minimum number of acres of planted potatoes that are subject to a producer charge.
(5) Multiply the minimum number of acres of planted potatoes, rounded to the next-lowest whole number, by the $4-per-acre producer charge. This product is the minimum producer charge owed by the affected producer.
(d) Examples.
(1) The Program confirms that an affected producer sold 500,000 pounds of potatoes to a sales agent. The producer’s potato acreage is entirely in Erie County. The PASS average per-acre potato yield figure for Erie County with respect to the calendar year in question is 26,000 pounds. One hundred and ten percent of that figure is 28,600 pounds. Five hundred thousand pounds divided by 28,600 pounds-per-acre equals 17.48 acres. The affected producer owes a minimum producer charge of $4-per-acre multiplied by 17 acres: $68.
(2) The Program confirms that an affected producer sold 750,000 pounds of potatoes to a sales agent. The producer’s potato acreage lies in two counties. The PASS average per-acre potato yield figure for this Commonwealth with respect to the calendar year in question is 25,200 pounds. One hundred and ten percent of that figure is 27,720 pounds. Seven hundred and fifty thousand pounds divided by 27,720 pounds-per-acre equals 27.06 acres. The affected producer owes a minimum producer charge of $4-per-acre multiplied by 27 acres: $108.
Source The provisions of this § 104.18 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
