Pennsylvania SB 689: An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, in purpose, short title and definitions, further providing for definitions and construction; in general powers of the board, providing for collection of premiums; in prices of milk, providing for board-established premiums and further providing for cooperatives; and, in moneys and expenses of board, further providing for Milk Marketing Fund and for payment and providing for audits.

Bill Text

PRINTER'S NO. 668
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 689
Session of
2025
INTRODUCED BY VOGEL, SCHWANK, BARTOLOTTA, KANE, FONTANA, CULVER,
PENNYCUICK, COSTA, STEFANO AND J. WARD, APRIL 28, 2025
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 28, 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
Pennsylvania Milk 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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purpose, short title and definitions, further providing for
definitions and construction; in general powers of the board,
providing for collection of premiums; in prices of milk,
providing for board-established premiums and further
providing for cooperatives; and, in moneys and expenses of
board, further providing for Milk Marketing Fund and for
payment and providing for audits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of April 28, 1937
(P.L.417, No.105), known as the Milk Marketing Law, is amended
by adding a definition to read:
Section 103. Definitions; Construction.--The following terms
shall be construed in this act to have the following meanings,
except in those instances where the context clearly indicates
otherwise:
* * *
"Board-established premium" means a fee or charge established
by official order of the board on Class 1 fluid milk.
* * *
Section 2. The act is amended by adding sections to read:
Section 312. Collection of Premiums .--(a) The board is
hereby vested with the power to coordinate, facilitate or
establish the collection and distribution of board-established
premiums in accordance with section 801.1.
(b) For the purposes of subsection (a), the board shall
coordinate with the Department of Revenue and the Department of
Revenue shall facilitate the collection of board-established
premiums.
Section 801.1. Board-Established Premiums.--(a) The board
may fix, by official order, a board-established premium based on
evidence presented on cost of production, price received and
return on equity.
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(b) The board shall submit an official order under
subsection (a) and section 1104(b) to the Agriculture and Rural
Affairs Committee of the Senate and the Agriculture and Rural
Affairs Committee of the House of Representatives for review
based on the criteria specified under subsection (a) and section
1104(b).
(c) The Agriculture and Rural Affairs Committee of the
Senate shall, within thirty calendar days or six legislative
session days, whichever is later, from receipt of an official
order under subsection (b) notify the board that the Agriculture
and Rural Affairs Committee of the Senate has approved or
disapproved the official order. The Agriculture and Rural
Affairs Committee of the House of Representatives shall, within
thirty calendar days or six legislative session days, whichever
is later, from receipt of an official order under subsection (b)
notify the board that the Agriculture and Rural Affairs
Committee