Pennsylvania HB 1006: An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, in weighing and testing, further providing for certified testers and for certified weighers and samplers.

Bill Text

PRINTER'S NO. 1093
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1006
Session of
2025
INTRODUCED BY KERWIN AND PASHINSKI, MARCH 24, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 24, 2025
AN ACT
Amending the act of April 28, 1937 (P.L.417, No.105), entitled
"An act relating to milk and the products thereof; creating a
Milk Marketing Board; establishing its jurisdiction, powers
and duties; regulating the production, transportation,
manufacturing, processing, storage, distribution, delivery
and sale of milk and certain products thereof; providing for
the licensing of milk dealers and the payment of fees
therefor; requiring milk dealers to file bonds to secure
payment for milk to producers and certain milk dealers;
authorizing the holding of hearings and the issuance of
subpoenas by the board; conferring jurisdiction upon courts
to punish contempts and to prohibit violations of this act
and of rules, regulations and orders of the board;
authorizing the board to adopt rules, regulations and orders,
and to enter into interstate and Federal compacts; 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; authorizing the board to examine the business,
papers and premises of milk dealers and producers, requiring
the keeping of records and the filing of reports by milk
dealers, and permitting, with limitations, the use of
information obtained thereby; authorizing the board to fix
prices for milk and certain milk products subject to the
approval of the Governor, and conferring certain powers upon
the Governor with respect thereto; providing for appeals to
the courts from decisions of the board, and for the burden of
proof upon such appeals; prescribing penalties, fines and
imprisonment for violations of this act and rules,
regulations and orders of the board; defining perjury;
defining remedies; repealing legislation supplied and
superseded by this act, and saving rights, duties and
proceedings thereunder; and making appropriations," in
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weighing and testing, further providing for certified testers
and for certified weighers and samplers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 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 602. Certified Testers.--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 butterfat or
component tests thereof is conducted by a tester certified by
the board.
The certified tester shall keep an accurate record of all
tests made, and copies of such record shall be kept for a period
of two (2) years by him and by the milk dealer.
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
therein as a certified tester.
Any person who is not the holder of such certificate of
proficiency upon the effective date of this act, shall, prior to
applying for a tester's certificate, apply to the board for a
certificate of proficiency. 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),
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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.
Thereupon, and [annually] thereafter without such examination,
the person so certified may apply for a tester's certificate as
herein prescribed.
The application for a tester's certificate, accompanied by a
fee [of five dollars ($5.00),] established under section 7 of
the "Milk Marketing Fee Act," shall be filed, upon a form
prescribed by the board, before commencing to test milk[, and
annually thereafter on or before December first].
The tester's certificate issued hereunder shall be for [the
term of one calendar year] a term of no more than two (2) years
from the date of issuance, and shall be posted and kept in plain
view in the plant in which the certified