Subchapter E. PEACH AND NECTARINE RESEARCH PROGRAM
Sec.
104.61. Scope.
104.62. Definitions.
104.63. Producer charge.
104.64. Responsibility for payment of producer charge.
104.65. Accounting and payment.
Authority The provisions of Subchapter E issued under sections 3 and 11 of the Pennsylvania Agricultural Commodities Marketing Act of 1968 (3 P. S. § § 1003 and 1011), unless otherwise noted.
Source The provisions of this Subchapter E adopted November 14, 1997, effective November 15, 1997, 27 Pa.B. 5964, unless otherwise noted.
§ 104.61. Scope.
This subchapter establishes the procedures by which peach and nectarine producers pay producer charges owed the Program.
§ 104.62. 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, grows or causes to be grown 500 or more peach trees or nectarine trees, or both, of all ages, for the production of peaches or nectarines, or both, for sale or marketing.
Department—The Department of Agriculture of the Commonwealth.
Peaches and nectarines—All peaches and nectarines (prunus persica) produced in this Commonwealth for the purpose of sale by a producer as defined in this subchapter.
Person—An individual, firm, partnership, corporation, association or other business unit.
Program—The Pennsylvania Peach and Nectarine Research Program.§ 104.63. Producer charge.
The producer charge owed the Program is $5 with respect to each acre of peach trees or nectarine trees, or both, grown by an affected producer. This producer charge was established by referendum among affected producers and by the order pursuant to which the Program was established under the act, and may be changed by subsequent amendment of the Program in accordance with the referendum procedure in Chapter 103 (relating to referendums). Although the Department will amend this section to reflect any revised producer charge, an affected producer is responsible to pay the revised producer charge regardless of whether this amendment has been completed.
§ 104.64. Responsibility for payment of producer charge.
It is the responsibility of an affected producer to submit an annual statement, as described in § 104.65 (relating to accounting and payment) and to pay the appropriate producer charge owed the Program.
§ 104.65. 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 with respect to the calendar year referenced on the form and the number of acres of peach trees or nectarine trees, or both, that are subject to the producer charge. The affected producer shall complete and submit the annual statement form in accordance with this section.
(b) Obtaining a form. The Department will endeavor to mail or deliver annual statement forms to known producers in August of each year. If an affected producer does not receive an annual statement form from the Department by September 1, the affected producer shall obtain a form by contacting the Department at the address set forth in subsection (d).
(c) Form of payment. Payment of a producer charge shall be by check or money order payable to the ‘‘PA Peach and Nectarine Research Program.’’
(d) Address. The annual statement form and payment described in subsections (a) and (c) shall be mailed or delivered to: Department of Agriculture, Bureau of Market Development, Attn.: PA Peach and Nectarine, 2301 North Cameron Street, Harrisburg, PA 17110-9408.
(e) Deadline. The annual statement form and payment described in subsections (a) and (c) shall be postmarked and mailed, or actually delivered to the Program, by October 1 of each year any person is an affected producer. This due date was established by referendum among affected producers and by the order pursuant to which the program was established under the act, and may be changed by amendment of the Program in accordance with the referendum procedure in Chapter 103 (relating to referendums). Although the Department will amend this section to reflect any revised due date, an affected producer is responsible to comply with the revised due date regardless of whether this amendment has been completed.
(f) Penalty for noncompliance. An affected producer who fails to mail or deliver the required annual statement form as described in subsection (a), and the pro-ducer charges owed the Program within 30 days of thedue date, as described in subsection (e), 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 imposition of a penalty, plus payment of producer charges owed the Program, may be brought in the appropriate magisterial district. A penalty shall be in addition to the delinquent producer charges owed the Program.
Cross References This section cited in 7 Pa. Code § 104.64 (relating to responsibility for payment of producer charge).
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