Subchapter A. APPLE MARKETING PROGRAM
Sec.
104.1. Scope.
104.2. Definitions.
104.3. Producer charges.
104.4. Responsibility for payment of producer charge.
104.5. Accounting and payment.
104.6. Responsibilities of sales agents.§ 104.1. Scope.
This subchapter establishes the procedures by which apple producers 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 apple production of the producer for whom it is the sales agent.
Source The provisions of this § 104.1 adopted July 23, 1982, effective July 24, 1982, 12 Pa.B. 2323; amended August 20, 1993, effective August 21, 1993, 23 Pa.B. 3930. Immediately preceding text appears at serial page (137957).
§ 104.2. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Fresh market—Apples that are marketed and have not been processed.
Marketing season—The period from July 1 of a calendar year through June 30 of the following calendar year.
Person—An individual, firm, corporation, association or another business unit.
Processing—The operation of receiving, grading, packing, canning, dehydrating, preserving, freezing, grinding, crushing or preserving or changing the form of apples for marketing in a form other than for fresh consumption.
Processor—A person who engages in processing.
Producer—A person who owns 500 or more apple trees located within this Commonwealth and who is engaged in the business of growing or producing apples, or causing apples to be grown or produced, within this Commonwealth.
Program—The Pennsylvania Apple Marketing Program.
Sales agent—A processor, a producer or a person who purchases, handles, receives, sells or contracts to sell apples originating from a producer. A producer may be a sales agent or processor with respect to apples of his own production.
Source The provisions of this § 104.2 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3930.
§ 104.3. Producer charges.
The producer charges owed the Program shall be 7¢ per bushel of apples sold for fresh market use and 4¢ per hundred pounds of apples sold or accepted for processing. These producer charges 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 § 104.3 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3930.
§ 104.4. Responsibility for payment of producer charge.
It is the responsibility of the producer to submit a complete production verification statement, as described in § 104.5 (relating to accounting and payment), and to pay the appropriate producer charge owed the Program.
Source The provisions of this § 104.4 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3930.
§ 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).
§ 104.6. Responsibilities of sales agents.
(a) Records to be kept by sales agent. 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 as described in subsection (b), the date of the transaction, the amount of apples involved in the transaction and the disposition of the apples, whether for processing or fresh market use, for at least 3 marketing seasons beyond the marketing season within which the transaction occurred.
(b) Demand for production of information. The Program may issue a written demand for production of information to a sales agent whose business is located in this Commonwealth with respect to apples which the sales agent:
(1) Purchased from a particular producer.
(2) Handled on behalf of a particular producer.
(3) Processed on behalf of a particular producer.
(4) Received from a particular producer.
(5) Sold or has under contract to be sold on behalf of a particular processor.
(c) Producer/sales agents. A demand for production of information may be issued to a sales agent whose business is located in this Commonwealth, regardless of whether the sales agent is the producer or processor with respect to whom information is sought.
(d) Contents of demand. A demand for production of information shall set forth the following:
(1) The name of the producer with respect to whom information is sought.
(2) The marketing season, or other time period, with respect to which information is sought.
(3) The type of information, as set forth in subsection (b), which is sought.
(4) A description of the information, as set forth in subsection (a), which shall be produced.
(5) The time, which shall be at least 14 days from receipt of the demand for production of information, within which the Program shall receive the sales agent’s response to the demand for production of information.
(6) A reference to the penalties which could be imposed upon the sales agent if he 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 agent’s possession or control within the time specified in the demand for production of information.
(f) Penalty for failure to comply. 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.
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