Subchapter E. AQUACULTURE PRODUCT IDENTIFICATION PROGRAM
Sec.
106.101. Program objectives.
106.102. Limitations.
106.103. General conditions.
106.104. Application.
106.105. Review of applications.
106.106. Processing of applications.
106.107. Notice of disposition of application.
106.108. Approved participant withdrawal policy.
106.109. Conflict of interest.
106.110. Notice of program activity.
106.111. Recordkeeping.
106.112. Cancellation/modification.§ 106.101. Program objectives.
The purpose of the APIP is to increase sales of Commonwealth-produced aquaculture products by increasing consumer demand through improved awareness and labeling. The APIP will provide a voluntary mechanism through which Commonwealth-produced aquaculture products may be identified.
§ 106.102. Limitations.
(a) Applicant eligibility. Only eligible applicants will be considered for the APIP. To be eligible to participate under the APIP, applicants shall be registered Commonwealth aquaculture propagators or aquaculture-related companies in good standing that are headquartered or have at least one manufacturing or production facility located in this Commonwealth and are subject to tax laws of the Commonwealth. Each applicant approved for participation shall comply with the criteria established by the act and this subchapter, including the verification criteria and all licensing and governmental permitting requirements.
(b) Product/service eligibility. An applicant approved to participate in the APIP shall use the APIP logo only on Commonwealth-produced aquaculture products and APIP promotional materials may only be used to promote and market Commonwealth-produced aquaculture products. All of the products using APIP materials shall be grown or manufactured in this Commonwealth. The products shall comply with applicable State and Federal laws and requirements for the specific product.
(c) Extent of program activities. The APIP will establish a voluntary product identification system to easily identify Commonwealth-produced aquaculture products. The system will be based on trade marking and licensing the Pennsylvania Aquaculture Logo. The program will allow producers to incorporate the trademark logo into their package labeling, use the trademark logo decal to label and advertise their product and use point of purchase materials incorporating the logo.
(d) Use of funds. Funds allocated for the APIP shall be used solely for the purposes in this subchapter.
(e) Funds available basis. Program activities will not be undertaken unless funds are available.
§ 106.103. General conditions.
(a) Participation agreement. The approved, signed application for the APIP shall constitute the participation agreement. The participant desiring to take part in the APIP shall sign the application. The application will set forth the amount of the participation fee and other terms and conditions the Department may reasonably require. Upon receipt of a completed, signed application, the Department will review and process the application as set forth in this subchapter and issue an approval or denial of the application. Upon receipt of the APIP participation fee set forth in the application, approved applicants will be registered for the APIP for 5 years from the July 1 or January 1 application deadline under which they submitted their APIP application. Participant approval automatically terminates if the Commonwealth artificial propagation license is not in good standing or lapses or the approved participant violates another provision of the act or this subchapter.
(b) Renewal of APIP participation. To continue to use the trademark logo and marketing materials, an approved APIP participant shall renew the registration every 5 years by submitting a new APIP application and a renewal fee (consistent with the participation fee) by the application deadlines established in § 106.104(e) (relating to application).
(c) Default. A participant who fails to abide by the terms of the participation agreement or the provisions of the act or this subchapter shall be in default.
(d) Survey. The Department may require an APIP participant to submit a completed survey form.
(1) The requirement will be set forth in the APIP application.
(2) The Department will develop the survey form.
(3) The survey form will include questions relating to the participant’s involvement in the APIP to determine the degree to which the program contributes to industry and Department goals.
(4) Information requested will relate to things such as how the APIP materials were used, frequency of use, trade leads received from APIP logo recognition, sales made resulting from logo recognition and number of consumers reached.
(5) Surveys will not contain a request for any proprietary business information.
(6) When the Department requires the completion of a survey, an APIP participant shall submit the completed survey form to the Department within 30 days of the receipt of the request.
(e) Failure to submit survey. When a survey is required by the Department, failure to submit a completed survey form within the 30-day period will result in a default on the part of the APIP participant. The Department may extend the verification deadline if it is determined the participant has made a reasonable effort to verify, but the verification was incomplete, or for extenuating circumstances.
§ 106.104. Application.
(a) Application required. Applicants shall submit applications to participate in APIP activities on forms provided by the Department at the address set forth on the application.
(b) Application requirements. An application for the APIP will not be considered by the Department unless the following items are included:
(1) The name, address and contact information (to include telephone, facsimile and website, as available) of the participating company or individual.
(2) The name and direct contact information for the designated program contact.
(3) A detailed description of the company and products or services to be promoted.
(4) A signature by an authorized representative attesting to compliance with all provisions of the terms and conditions for participation in the APIP.
(5) Payment in full of the participation fee in the application and payable to the Department.
(6) Verification the applicant is subject to tax laws of the Commonwealth and is not a ‘‘not-for-profit’’ as defined by the Internal Revenue Code of 1986 (26 U.S.C.A.).
(c) Obtaining an application and assistance. An application for participation under this subchapter shall be made on a form provided by the Department. For applications and assistance, contact the Aquaculture Program, Bureau of Market Development, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110, telephone (717) 783-8462, facsimile (717) 787-5643, or the Department’s website.
(d) Additional information. The Department may require an applicant to submit additional documentation as may be necessary to complete, verify or clarify the application.
(e) Application deadlines. Applications for participation under this subchapter may be submitted to the Department on January 1 and July 1 of each calendar year.
Cross References This section cited in 7 Pa. Code § 106.103 (relating to general conditions).
§ 106.105. Review of applications.
(a) Factors. Factors to be considered by the Department in selecting APIP participants include the following:
(1) Current registration as an artificial propagator under the act or other verification that the applicant is an eligible participant.
(2) Verification that all of the products to be promoted using APIP materials and logo are produced or manufactured in this Commonwealth. An applicant shall sign a certification statement as part of the application stating that all products with which the APIP logos and materials will be used are produced in this Commonwealth.
(b) Release and hold harmless. Eligible participants will release and hold harmless the Commonwealth and the Department and their agents and officers from any liabilities for any losses as a result of participation in the APIP. Each application shall contain a release and hold harmless statement which the applicants agree to when they sign the application. Unsigned applications will be considered incomplete.
§ 106.106. Processing of applications.
(a) Approval or denial. The Department may approve, approve with special conditions or reject applications. The Department will issue approvals in accordance with the general considerations and criteria of the act and this subchapter.
(b) Processing. An application for participation in the APIP will be processed in the following manner:
(1) Dating. The applications will have the initial date of the postmark or initial date of receipt, whichever is earlier, noted on the application by Department staff. If the application is determined to be incomplete, the effective date of the application is the date on which the additional information is received and the application is determined by the Department to be complete. The date will be noted on the application.
(2) Completeness and accuracy. Upon receipt of an APIP application and the required supporting documentation, the Department will review the information for completeness and accuracy.
(3) Eligibility. Upon receipt of an APIP application and the required supporting documentation, the Department will review the information to verify applicant eligibility.
(4) Applications from ineligible applicants. An application from an ineligible applicant will be returned to the applicant with an explanation of why the applicant is considered ineligible.
(5) Incomplete or inaccurate application from eligible applicants. If the Department determines an application from an eligible applicant is incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, the request will be in writing and will be sent to the applicant address listed on the APIP application. The processing of the application will cease until the applicant supplies the requested data. The Department may terminate the processing of an incomplete application when the additional data is not supplied within 15 business days of the request for the data. When the processing of the application is terminated, the Department will notify the applicant in writing, stating the reason for the termination, and refund the participation fee.
(6) Advisory Committee. The Advisory Committee has no authority to and will not review or have input into individual APIP applications. The Advisory Committee will recommend overall program priorities for each program to the Department. Additionally, the Advisory Committee will recommend the amount of funds to be allocated to each program.
Cross References This section cited in 7 Pa. Code § 106.107 (relating to notice of disposition of application).
§ 106.107. Notice of disposition of application.
(a) Applications deemed complete. The Department will notify applicants in writing of a decision to approve, approve with special conditions or reject the application. When the application is rejected, the Department will set forth in writing the reason for the rejection and refund the participation fee.
(b) Applications deemed incomplete or ineligible. The Department will notify the applicant in writing of a decision to reject the application or notify the applicant of a deficiency in the application and request additional data. If additional data is requested, notification will be in writing and detail the additional data needed. The Department will follow the procedure in § 106.106(b)(5) (relating to processing of applications).
§ 106.108. Approved participant withdrawal policy.
(a) Deadline. Approved participants shall submit a withdrawal request in writing to the Department at least 30 days prior to the date their withdrawal becomes effective.
(b) Reimbursement. In the event of withdrawal by an approved participant, the participation fee is forfeited to the Department in its entirety.
§ 106.109. Conflict of interest.
A member of the Advisory Committee may apply for participation in APIP activities if all decisions regarding the application are subject to 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the action does not violate the State Adverse Interest Act (71 P. S. § § 776.1—776.9) or 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and State employees). Members of the Advisory Committee shall supply a signed statement with their application certifying they have complied with the referenced codes. Copies of the codes will be made available to members upon request.
§ 106.110. Notice of program activity.
(a) Identification of product. Persons who want to identify their product through the APIP program will be notified of program availability and restrictions in any of the following manners:
(1) Pennsylvania Bulletin. Notice of APIP availability will be printed in the Pennsylvania Bulletin once per year.
(2) Direct mailing. An annual mailing to registered aquaculture propagators known to the APIP administrator at the date of mailing.
(3) Internet access. Individuals may access APIP information through the Department’s website.
(b) Information to be included in program notice. The notice will include the purpose of the program, an explanation that the program is voluntary, what program participation entails, what information a potential participant shall submit to be considered for participation.
§ 106.111. Recordkeeping.
APIP data shall be maintained by the participant for 5 years from the termination date of approval to participate in the APIP.
§ 106.112. Cancellation/modification.
An APIP participant approval may be canceled by the Department upon a determination that the approved participant has violated any provision of the act, this subchapter or the participation agreement, the approved participant violated the APIP rules, or upon failure of the approved participant to satisfy the verification requirements of this subchapter. Upon cancellation, the Department may seek recovery of any funds expended for the approved participant’s advantage or a portion thereof.
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