§ 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.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
