HB 72 — An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, in licenses of milk dealers, further providing for penalties in lieu of suspension; and, in weighing and testing, further providing for certified testers and for certified weighers and samplers.

PRIOR PRINTER'S NO.

61 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

721455 2023THE INTRODUCEDGENERAL BYASSEMBLY KERWIN,OF GLEIM,PENNSYLVANIA STEHRHOUSE ANDBILL ZIMMERMAN,Session MARCH 7, 2023 REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, MARCH 7, 2023 AN ACT Amending the act of AprilNo. 28, 1937 (P.L.417, No.105), entitled "An act relating to milk and the products thereof;

creating72 a2023 INTRODUCED BY KERWIN, GLEIM, STEHR AND ZIMMERMAN, MARCH 7, 2023 AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 2023 AN ACT Amending the act of April 28, 1937 (P.L.417, No.105), entitled Milk Marketing Board;

establishing its jurisdiction, powers a and duties;

authorizing the board to adopt rules, regulations and orders, and to enter into interstate and Federal compacts;

requiring,requiring persons who weigh, measure, sample or test milk to procure permits or certificates, to take examinations, to pay fees therefor, to furnish certain notices, records and statements, and to use certain methods of weighing, measuring, sampling and testing;

definingsuperseded remedies;by this act, and saving rights, duties and proceedings thereunder;

repealingand legislationmaking suppliedappropriations," andIN superseded<-- byLICENSES thisOF act,MILK andDEALERS, savingFURTHER rights,PROVIDING dutiesFOR andPENALTIES proceedingsIN thereunder;LIEU OF SUSPENSION;

andAND, making appropriations," in weighing and testing, further providing for certified testers and for certified weighers and samplers.

Sections 404.1, 602 and 603 of the act of April <-- 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, are amended to read:

SECTION 404.1.

PENALTIES IN LIEU OF SUSPENSION.--IN ANY CASE <-- WHERE THE BOARD SHALL SUSPEND A LICENSE, THE BOARD MAY ACCEPT FROM THE LICENSEE AN OFFER IN COMPROMISE AT THE RATE OF [ONE HUNDRED FIFTY DOLLARS ($150)] ONE THOUSAND DOLLARS ($1,000) FOR EACH DAY OF SUSPENSION AS A PENALTY IN LIEU OF SUCH SUSPENSION, AND THEREUPON RESCIND THE SUSPENSION.

Any person who, upon the effective date of this act, is the holder of a certificate of proficiency for milk testing issued after examination conducted by the Pennsylvania Department of Agriculture, shall, upon application to the board, on a form prescribed by the board, furnishing information including that pertaining to good character and to the apparatus and methods used in testing, be issued a certificate and be designated 20230HB0072PN1455 - 2 - therein as a certified tester.

Such application shall be accompanied by a fee [of five dollars ($5.00).] established under section 7 of the act of July 1, 1978 (P.L.730, No.132), 20230HB0072PN0061 - 2 - known as the "Milk Marketing Fee Act." The applicant shall be required to pass an examination in milk testing, reasonably prescribed and conducted by the board, and upon approval of the application shall be issued a certificate of proficiency.

Certified Weighers and Samplers.--It shall be unlawful for any milk dealer to buy or receive milk from producers, or to sell or deliver milk to stores or consumers on the basis of, or with reference to, the amount of butterfat or appropriate milk components contained in such milk, unless the samples taken for testing purposes shall be made by a certified tester or certified weigher and sampler, and according to the 20230HB0072PN1455 - 3 - method prescribed in this act or in regulations established by the board under this act.

Any person who, upon the effective date of this act, is the 20230HB0072PN0061 - 3 - holder of a certificate of proficiency for milk weighing and sampling issued after examination conducted by the Pennsylvania Department of Agriculture, shall, upon application to the board on a form prescribed by the board furnishing information including that pertaining to good character and to apparatus and methods used in weighing and sampling, be issued a certificate and be designated therein as a certified weigher and sampler.

The application for such weighing and sampling certificate, accompanied by a fee [of five dollars ($5.00),] established under section 8 of the "Milk Marketing Fee Act," shall be filed, upon a form prescribed by 20230HB0072PN1455 - 4 - the board, before commencing to sample milk[, and annually thereafter on or before December first].

20230HB0072PN0061 - 4 - Section 2.

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