Subchapter F. WINE MARKETING AND RESEARCH PROGRAM
Sec.
104.71. Scope.
104.72. Definitions.
104.73. Producer charges.
104.74. Responsibility for payment of producer charge.
104.75. Accounting and payment.
Authority The provisions of this Subchapter F issued under the Agricultural Commodities Marketing Act, 3 Pa.C.S. § § 4501—4513, unless otherwise noted.
Source The provisions of this Subchapter F adopted August 20, 2004, effective August 21, 2004, 34 Pa.B. 4573, unless otherwise noted.
§ 104.71. Scope.
This subchapter establishes the procedures by which persons who produce or sell wine under authority of a limited winery license issued under authority of section 505.2 of the Liquor Code (47 P. S. § 5-505.2) shall account for and pay producer charges owed the Program.
§ 104.72. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Board—The persons appointed by the Secretary from among those producers whose commodities are subject to the marketing and research program set forth in this subchapter.
Department—The Department of Agriculture of the Commonwealth.
Limited winery—The holder of a limited winery license issued under authority of the Liquor Code (47 P. S. § § 1-101—8-803).
Marketing season—(i) The initial marketing season for purposes of this subchapter shall be from July 1, 2001, through December 31, 2001.
(ii) Thereafter, the marketing season shall be the period beginning January 1 of any year and extending through December 31 of the same year.
Person—An individual, partnership, firm, corporation, association or any other business unit.
Producer—A person who produces or sells wine under authority of a limited winery license during a particular marketing season.
Program—The Pennsylvania Wine Marketing and Research Program.
Secretary—The Secretary of the Department.§ 104.73. Producer charges.
The producer charges owed the Program shall be 15¢ per gallon of wine sold within a given marketing season, except in-State winery-to-winery sales in bond. In-State winery-to-winery sales in bond are exempt from charges. The producer charges may be changed by subsequent amendment of the Program in accordance with the referendum procedure in Chapter 103 (relating to referendums).
§ 104.74. Responsibility for payment of producer charge.
It is the responsibility of the producer to pay the appropriate producer charge owed the Program within the time period set forth in § 104.75(b) (relating to accounting and payment) and in the manner set forth in § 104.75(a).
§ 104.75. Accounting and payment.
(a) Annual production statement. The Program will provide a producer with annual production statement forms with which to verify the quantity of wine that it has produced within a particular marketing season. The producer shall provide the following information on the annual production statement and submit the form in accordance with this section.
(1) The name and address of the producer.
(2) The number of gallons of wine sold within the marketing season.
(3) A calculation of the amount of producer charges owed the Program by the producer.
(b) Deadlines. The payment of the producer charges shall be postmarked and mailed, or actually delivered to the Program, by the first day of February 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 Wine Marketing and Research Program.’’
(d) Address. Payments of producer charges shall be mailed or delivered to:
Department of Agriculture Bureau of Market Development Attn: Pennsylvania Wine Marketing and Research 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 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 $5,000, 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.
Cross References This section cited in 7 Pa. Code § 104.74 (relating to responsibility for payment of producer charge); and 40 Pa. Code § 5.409 (relating to records, receipts and reports).
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