Subchapter D. VEGETABLE MARKETING AND
RESEARCH PROGRAM
Sec.
104.51. Scope.
104.52. Definitions.
104.53. Producer charges.
104.54. Accounting, payment and verification procedures.
104.55. Responsibilities of the producer.
104.56. Responsibilities of the sales agent.
104.57. Penalties for noncompliance.
Authority The provisions of this Subchapter D amended under the Agricultural Commodities Marketing Act, 3 Pa.C.S. § § 4501—4513, unless otherwise noted.
Source The provisions of this subchapter amended December 7, 2018, effective December 8, 2018, 48 Pa.B. 7527. Immediately preceding text appears at serial pages (305245) to (305249), unless otherwise noted.
§ 104.51. Scope.
This subchapter establishes the procedures by which vegetable producers shall account for and pay the producer charges owed the Program.
§ 104.52. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Auction—A market where producers provide vegetables in wholesale quantities to be auctioned to wholesale buyers.
Cooperative—A sales agent that markets fresh market vegetables on behalf of two or more producers, and which is owned by the producers for which it markets vegetables.
Fresh market vegetables—Vegetables that have not been processed and that are marketed to persons other than processors.
Greenhouse—(i) An enclosed structure for growing vegetables, including structures where the internal temperature is controlled or high tunnels where additional heat is not supplied.
(ii) The term does not include low tunnels.
Marketing season—The period from January 1 through December 31 of each calendar year.
Packing house—A facility that receives, washes, grades, packages or packs fresh market vegetables produced by a person other than the owner or operator of that facility.
Person—An individual, firm, corporation, association or other business unit.
Processing—The operation of preserving vegetables for storage by canning, dehydrating, freezing, grinding, crushing, packaging or other means.
Processor—A person who engages in processing.
Producer—A person who does one or more of the following during a particular marketing season:
(i) Grows 1 or more acres of vegetables in this Commonwealth for the purpose of selling the vegetables.
(ii) Grows vegetables in one or more greenhouses in this Commonwealth if all of the following are accurate:
(A) The greenhouse grows vegetables in 1,000 square feet or more of growing space.
(B) The vegetables are grown for sale.
(C) The vegetables are not grown to be transplanted outdoors.
(iii) Grows vegetables in this Commonwealth and sells $2,000 or more of the vegetables grown in a given marketing season.
Program—The Pennsylvania Vegetable Marketing and Research Program.
Sales agent—A processor, auction, packing house, fresh market vegetable stand, cooperative, broker, wholesaler, commission merchant or another person who purchases, handles, processes, receives, sells or contracts to sell vegetables originating from a producer. A person may be a sales agent with respect to vegetables of the person’s own production.
Vegetable production unit—A unit equal to 1 acre of field vegetable production or 1,000 square feet of greenhouse vegetable production sold in a single marketing season.
Vegetables—Vegetables except Irish potatoes. The term includes: asparagus, beans (snap, dry and lima), beets, cabbage, cauliflower, broccoli, Brussels sprouts, collards, kale, mustard greens, kohlrabi, carrots, celery, corn (sweet, pop and ornamental), cucumbers, eggplant, garlic, horseradish, leeks, lettuce, muskmelons, watermelon, onions, parsley, parsnips, peas, peppers, pumpkins and squash (edible or decorative), gourds, radishes, rutabagas, spinach, sweet potatoes, tomatoes and turnips produced in this Commonwealth for the purpose of sale by a producer.
Verification—A written statement of fact made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).§ 104.53. Producer charges.
(a) A producer owes a producer charge to the Program each marketing season. The producer charge is the lesser of the following:
(1) A flat fee of $25, plus $1.50 for each vegetable production unit exceeding five vegetable production units.
Example: A grower conducts field vegetable production on 10 acres of land and also has 6,000 square feet of greenhouse vegetable production. This means the grower’s vegetable production occurs on a total of 16 vegetable production units (10 of which are attributable to the 10 1-acre units devoted to field vegetable production and 6 of which are attributable to the 6 1,000-square-foot units devoted to greenhouse vegetable production). The $1.50-per-vegetable-production-unit producer charge does not apply to the first five of these 16 vegetable production units, but applies to the remaining 11. The producer charge is $41.50, calculated by adding (the flat fee of $25) plus (11 vegetable production units multiplied by $1.50 per vegetable production unit).
(2) An amount equal to 1.25% (0.0125) of gross sales of vegetables during a particular marketing season, but no less than $25.
(b) Producer charges may be changed by subsequent amendment of the Program in accordance with the referendum procedures in Chapter 103 (relating to referendums).
§ 104.54. Accounting, payment and verification procedures.
(a) Assessment statement. The Program will provide producers with assessment statement forms with which to verify the acreage, or the square-footage in the case of greenhouse-grown vegetables, of vegetables which the producer raises within a particular marketing season. The Program will provide these forms upon request and make these forms available for producers to download from the Program’s web site at www.paveggies.org. An assessment statement form will require the following information of a producer with respect to each marketing season:
(1) The name, address and telephone number of the producer.
(2) The marketing season with respect to which the form is submitted.
(3) The number of acres of vegetables raised by the producer for processing or fresh market use and sold within that marketing season.
(4) The square footage of greenhouse-grown vegetables raised by the producer and sold within that marketing season.
(5) The calculation of the amount of producer charges owed the Program by the producer.
(6) The date upon which the form was completed.
(7) A verification, signed by the person submitting the form, confirming the accuracy of the information provided.
(b) Deadline for producers. A producer shall mail or deliver to the Program a completed assessment statement form and any producer charges due the Program no later than January 31 immediately following the applicable marketing season.
(c) Form of payment. Payments of producer charges shall be by check or money order made payable to ‘‘PA Vegetable Marketing and Research Program.’’
(d) Address. Assessment statement forms and payments of producer charges shall be mailed or delivered to:
Department of Agriculture Bureau of Market Development Attn: Pennsylvania Vegetable Marketing and Research Program 2301 North Cameron Street Harrisburg, Pennsylvania 17110-9408
Cross References This section cited in 7 Pa. Code § 104.55 (relating to responsibilities of the producer); and 7 Pa. Code § 104.57 (relating to penalties for noncompliance).
§ 104.55. Responsibilities of the producer.
It is the responsibility of the producer to submit a complete assessment statement form, as described in § 104.54 (relating to accounting, payment and verification procedures) and the appropriate producer charge owed the Program. The producer shall retain a copy of any assessment statement form which is submitted to the Program for at least two marketing seasons beyond the marketing season with respect to which the form is submitted.
§ 104.56. Responsibilities of the sales agent.
(a) Providing basic producer information. The Department may issue a sales agent a written notice that the sales agent is to provide the Department the name and address of each producer from which the sales agent purchased $2,000 or more worth of vegetables in a given marketing season. If the Department issues a written notice, the sales agent shall provide the requested information to the Department within 30 days of the date of the written notice.
(b) Providing production value information. After the Department has issued a sales agent the written notice described in subsection (a), the Department may follow-up with a subsequent notice that the sales agent is to provide the Department the dollar value of vegetables purchased in a given marketing season from any of the producers identified in the sales agent’s initial response to the Department under subsection (a). If the Department issues a follow-up notice, the sales agent shall provide the requested information to the Department within 30 days of the date of the follow-up notice.
§ 104.57. Penalties for noncompliance.
(a) Sales agents. If a sales agent fails to comply, or fails to comply completely or fails to comply with this subchapter within the time specified, the Department may bring a civil action in the appropriate magisterial district seeking a penalty of at least $100 but not more than $300.
(b) Producers.
(1) Failure to Mail or Deliver Assessment Statement Form and Payment by January 31. If a producer fails to mail or deliver an assessment statement form and the required payment of producer charges to the Program by the January 31 immediately following the applicable marketing season, as required under § 104.54 (relating to accounting, payment and verification procedures), the producer owes a penalty of $25. The $25 penalty is in addition to the producer charges owed and any penalty imposed under Paragraph (2).
(2) Penalty. If a producer fails to comply, or fails to comply completely or fails to comply with this subchapter within the time specified, the Department may bring an action in the appropriate magisterial district seeking a penalty of at least $100 but not more than $500, plus payment of producer charges owed. If the producer owes producer charges, the Department will seek a penalty as nearly equivalent to 100% of the delinquent amount as is practicable. A penalty sought by the Department will be in addition to payment of delinquent producer charges.
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