§ 104.5. Accounting and payment.
(a) Production verification statement. The Program will provide the producer with production verification statement forms with which to verify the quantity of apples which it has produced for fresh market use or processing within a particular marketing season. The producer shall provide the following information on its production verification statement:
(1) The name and address of the producer.
(2) The number of bushels of apples sold for fresh market use within the marketing season, or other time period designated by the Program.
(3) The number of pounds, in hundreds, of apples sold for processing, transferred for processing or processed within the marketing season, or other time period designated by the Program.
(4) The names of persons to whom apples were sold or delivered for processing, and the number of pounds, in hundreds, of apples sold or delivered to each processor.
(5) A calculation of the amount of producer charges owed the Program by the producer.
(b) Deadlines. The verification statement, and payment of the producer charges reflected on the verification statement, shall be postmarked and mailed, or actually delivered to the Program by the first day of November immediately following the previous marketing season.
(c) Form of payment. Payments of producer charges shall be by check or money order made payable to the ‘‘PA Apple Marketing Program.’’
(d) Address. Verification statements and payments of producer charges shall be mailed or delivered to: Department of Agriculture, Bureau of Market Development, Attn: Pennsylvania Apple Marketing Program, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408.
(e) Penalty for failure to account or pay. Producers who fail to mail or deliver the required verification statement, as described in subsection (a), and the producer charges owed the Program within 30 days of the due date, as described in subsection (b), 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 due 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 § 104.5 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3930.
Cross References This section cited in 7 Pa. Code § 104.4 (relating to responsibility for payment of producer charge).
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