AN ACT

 

1Amending the act of April 28, 1937 (P.L.417, No.105), entitled, 
2as amended, "An act relating to milk and the products 
3thereof; creating a Milk Marketing Board; establishing its 
4jurisdiction, powers and duties; regulating the production, 
5transportation, manufacturing, processing, storage, 
6distribution, delivery and sale of milk and certain products 
7thereof; providing for the licensing of milk dealers and the 
8payment of fees therefor; requiring milk dealers to file 
9bonds to secure payment for milk to producers and certain 
10milk dealers; authorizing the holding of hearings and the 
11issuance of subpoenas by the board; conferring jurisdiction 
12upon courts to punish contempts and to prohibit violations of 
13this act and of rules, regulations and orders of the board; 
14authorizing the board to adopt rules, regulations and orders, 
15and to enter into interstate and Federal compacts; requiring 
16persons who weigh, measure, sample or test milk to procure 
17permits or certificates, to take examinations, to pay fees 
18therefor, to furnish certain notices, records and statements, 
19and to use certain methods of weighing, measuring, sampling 
20and testing; authorizing the board to examine the business, 
21papers and premises of milk dealers and producers, requiring 
22the keeping of records and the filing of reports by milk 
23dealers, and permitting, with limitations, the use of 
24information obtained thereby; authorizing the board to fix 
25prices for milk and certain milk products subject to the 
26approval of the Governor, and conferring certain powers upon 
27the Governor with respect thereto; providing for appeals to 
28the courts from decisions of the board, and for the burden of 
29proof upon such appeals; prescribing penalties, fines and 
30imprisonment for violations of this act and rules,
 

1regulations and orders of the board; defining perjury; 
2defining remedies; repealing legislation supplied and 
3superseded by this act, and saving rights, duties and 
4proceedings thereunder; and making appropriations," in prices 
5of milk, further providing for terms and method of payment.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 806 of the act of April 28, 1937
9(P.L.417, No.105), known as the Milk Marketing Law, amended July
1031, 1968 (P.L.963, No.294), is amended to read:

11Section 806. Terms and Method of Payment.--(a) The board
12may likewise fix, by official order, the terms upon which milk
13dealers shall pay producers and others for milk, may prescribe
14the method of computing payment therefor, and may prescribe a
15form of written statement to be sent to producers with each
16payment.

17(b) Notwithstanding subsection (a), the board shall require
18that a written statement to each producer with each payment for
19milk include the specific amount of State-mandated premium
20included in the payment for milk. The amount shall be separate
21and distinct from and may not be substituted for or commingled
22with any amount paid as a bonus or other premium. For the
23purpose of this subsection, a State-mandated premium shall mean
24any specific component of the minimum wholesale or retail price
25established by the board and collected with the intention of
26being paid to producers of milk that is produced, processed and
27sold in this Commonwealth for any class of milk as determined by
28the board.

29Section 2. This act shall take effect in 60 days.