2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 52 - AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Session of 2022
No. 2022-52
SB 1236
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for extensive amendments to the very small meat processor Federal inspection reimbursement grant program; in agriculture and youth development, further providing for definitions and for grants; in Commonwealth Specialty Crop Block Grant Program, further providing for Commonwealth Specialty Crop Block Grant Fund; in Urban Agricultural Infrastructure Grant Program, further providing for legislative intent, for definitions, for grant program and for distribution of grant money; and, in Farm-to-School Program, further providing for findings and declarations, for grant program and for applications and review of applications.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Chapter 101 heading and sections 10101, 10102, 10103, 10104, 10105, 10106, 10301, 10305(a), 10508(a), 10701, 10702, 10703(a), (b) and (e)(2)(ii) and (viii), 10704, 10902, 10904 and 10906(b) of Title 3 of the Pennsylvania Consolidated Statutes are amended to read:
CHAPTER 101
VERY SMALL MEAT AND POULTRY PROCESSOR [FEDERAL INSPECTION]
REIMBURSEMENT GRANT PROGRAM
§ 10101. Short title of chapter.
This chapter shall be known and may be cited as the Very Small Meat and Poultry Processor [Federal Inspection] Reimbursement Grant Program.
§ 10102. Legislative intent.
It is the intent of the General Assembly [that very small meat processors be offered] to support the development and expansion of current or future very small meat and poultry processing operations in this Commonwealth by offering reimbursement grants to cover the costs associated with [meeting Federal inspection and certification guidelines during the planning and start-up periods for these operations.]:
(1) A grant of inspection from the USDA Food Safety and Inspection Service.
(2) Opening a new very small meat and poultry processing operation.
(3) Expanding the capacity of a current very small meat and poultry processing operation.
(4) A combination of paragraphs (1), (2) and (3).
§ 10103. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Applicant." A person applying for a reimbursement grant under section 10104 (relating to grant program).
"Grant cycle." The period of time from when the department solicits applications for grants under section 10104 to final reimbursement.
"Grant of inspection." An inspection by the USDA Food Safety and Inspection Service certifying that products at a very small meat and poultry processing operation are produced in accordance with Federal law.
"Person." An individual, partnership, association, firm, corporation or any other legal entity.
"USDA." The United States Department of Agriculture.
["Very small meat processor." A person subject to Federal meat inspection that meets the United States Department of Agriculture's definition of a "very small processor," having fewer than 10 employees or annual sales of less than $2,500,000.]
"Very small meat and poultry processing operation." A person operating under a grant of inspection that meets the definition of "very small establishment" as described in 9 CFR 381.65(g)(1)(i) (relating to operations and procedures, generally).
§ 10104. Grant program.
(a) Availability.--Grants under this chapter shall only be offered [in a fiscal year in which and] to the extent that funding is made available to the department. The following shall apply:
(1) In the event funding is exhausted or otherwise unavailable, the department shall be under no obligation to provide grants under this chapter.
(2) Grant money may be prorated or offered as a percentage of actual costs, as determined by the department and set forth in an order by the secretary, to spread available money to a larger number of eligible applicants. The secretary shall transmit notice of an order issued under this chapter to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(b) Reimbursement grants.--A grant under this chapter shall be a reimbursement grant. The following shall apply:
(1) The amount of reimbursement shall be based on actual eligible costs submitted by an approved applicant [during a fiscal year in which grants are offered] within the grant cycle.
(2) Grant reimbursement money shall only be available for the eligible costs [of obtaining a Federal certification to allow the sale of meat by a very small meat processor.
(c) Eligibility.--A very small meat processor may apply to receive reimbursement for the cost of meeting Federal inspection guidelines during the planning and start-up periods for the operations. The applicant must be in compliance with all applicable Federal licensure, recordkeeping and slaughter requirements.] associated with:
(i) Meeting the requirements to obtain a grant of inspection.
(ii) Opening a new very small meat and poultry processing operation.
(iii) Expanding the capacity of a current very small meat and poultry processing operation.
(iv) A combination of subparagraphs (i), (ii) and (iii).
(c.1) Eligibility.--An applicant may apply to receive reimbursement for eligible costs under section 10105 (relating to eligible costs) if the applicant is a very small meat and poultry processing operation and is either:
(1) currently operating under a grant of inspection; or
(2) upon completion of the approved project, the applicant will obtain a grant of inspection.
(c.2) Attestation.--
(1) An applicant shall attest to the eligibility requirements under subsection (c.1).
(2) The attestation shall be made under penalty of law and subject to 18 Pa.C.S. Ch. 49 (relating to falsification and intimidation).
(3) If a statement or material fact on the application is found to be false, grant money received by the applicant shall be returned to the department within 30 days of notification of the finding.
(d) Application procedure.--An applicant who desires to receive a [very small meat processor Federal inspection] reimbursement grant under this section shall submit a grant application on a form provided by the department. The application shall contain the following information demonstrating and attesting to:
(1) The applicant's name, the organization name, a business address and a telephone number.
(2) A list of corporate officers.
(3) The applicant's eligibility[, setting forth information evidencing and attesting that the applicant meets the definition of a "very small meat processor."] under subsection (c.1).
(4) A detailed plan [outlining], including the process being undertaken to [apply for and obtain Federal certification as a meat processor.
(5) The estimated] meet the requirements necessary to obtain a grant of inspection as a very small meat and poultry processing operation. The plan shall outline the overall project and materials being requested, including a line item proposed budget, individual tasks required to complete the project, a detailed timeline for completion of project tasks and, if applicable, detailed descriptions of equipment or supplies required to complete the project, training, consulting, technical support and other services utilized.
(5) A detailed list of costs, including training and equipment costs, for which reimbursement is sought.
(6) An attestation signed by the applicant and subject to 18 Pa.C.S. Ch. 49 stating the applicant is in [good standing with all Federal licensure, recordkeeping and slaughter requirements, including the Federal Hazard Analysis Critical Control Point standards.] compliance, or will be in compliance after the approved project, with the Federal Meat Inspection Act (Public Law 59-382, 21 U.S.C. § 601 et seq.) or the Poultry Products Inspection Act (Public Law 85-172, 21 U.S.C. § 451 et seq.) to maintain a grant of inspection.
(e) Evaluation of application.--The department shall evaluate an application on the basis of:
(1) The ability of the applicant to complete the stated project within the stated timeline.
(2) The ability of the applicant to provide a detailed description of the project and project costs as required by subsection (d).
(3) The potential of the project to provide slaughter or meat or poultry processing capacity and services to this Commonwealth's livestock and poultry producers.
(4) The potential of the project to provide availability of Pennsylvania-produced meat or poultry products to consumers.
§ 10105. Eligible costs.
The following costs, incurred during the term of the grant cycle in which the grant is awarded, shall be eligible for reimbursement:
[(1) Invoiced costs directly incurred for the initial compliance inspection.]
(1.1) Consulting or other technical support services that directly support the development and maintenance of programs required to operate under a grant of inspection.
(2) [A one-time reimbursement for the cost, not including man hours, directly incurred in producing the required Federal Hazard Analysis Critical Control Point plan.] Professional employee training and educational services and programs that support the development and maintenance of programs to operate under a grant of inspection. If a professional consultant is utilized [to develop the Federal Hazard Analysis Critical Control Point plan], reasonable costs may be reimbursed, as determined by the department.
(3) Up to [50%] 85% of the actual costs of [a first-time] the purchase of meat or poultry slaughter or processing equipment [necessary for compliance with the Federal Hazard Analysis Critical Control Point plan.] or supplies. This paragraph does not include reimbursement of the cost of planning, erection, repair or modification of a structure or building or repair or installation of roofing or other physical structure improvement.
(4) The purchase of equipment or supplies directly related to employee safety.
§ 10106. Final reimbursement.
(a) Required submission.--Reimbursement shall be based on the approved applicant's completion of the project and submission of the final costs [of obtaining the required Federal certification for which grant money was sought] related to expenses and materials in the applicant's approved grant project within the grant cycle. The submission shall include:
[(1) The date of the inspection.
(2) The name of the Federal inspector or veterinarian in charge of the inspection.
(3) A document signed by the Federal inspector or veterinarian in charge evidencing that the approved applicant's establishment passed the inspection.]
(4) Documentation of actual [costs for which reimbursement is sought and payment of the costs.] expenditures for eligible costs approved in the grant application and invoices evidencing payment of the costs. The documentation may include invoices for hours of training or consultation.
(5) Documentation of the completion of the approved project. The documentation may include pictures and dates of training and equipment installation.
(6) Documentation demonstrating that the very small meat and poultry processing operation is operating under a grant of inspection.
(7) A written report related to:
(i) The completed project.
(ii) The expansion of meat or poultry processing capability.
(iii) Expanded services to this Commonwealth's livestock and poultry producers.
(iv) An increase to the availability of this Commonwealth's meat or poultry products to consumers.
(b) Distribution of final reimbursement.--Distribution of grant money to the approved applicant will occur upon the following:
(1) Submission and receipt of the information required under subsection (a).
(2) Final review and approval for completeness of the required submission and the eligible costs.
(3) A completed grant agreement between the department and an approved applicant.
(c) Assignment of grant money.--Grant money may only be distributed to the owner of the eligible establishment. The department may not assign grant money to a lessee, operator or person other than the owner of the eligible very small meat [processing establishment] and poultry processing operation.
§ 10301. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agriculture and youth organization." An organization composed mainly of youth, or an organization with programs that benefit youth, and organized to promote development in the areas of agriculture, community leadership, vocational training and peer fellowship. The term includes[, but is not limited to, Pennsylvania FFA, 4-H, Ag in the Classroom, the Family, Career and Community Leaders of America and vocational education programs] a school district.
"Board." The State Agriculture and Youth Development Board.
"Program." The Agriculture and Youth Organization Grant Program.
§ 10305. Grants.
(a) General rule.--The department shall make grants in an amount not to exceed $7,500 to qualifying agriculture and youth organizations upon the recommendation and approval of the board.
* * *
§ 10508. Commonwealth Specialty Crop Block Grant Fund.
(a) Establishment.--The Commonwealth Specialty Crop Block Grant Fund is established as a special nonlapsing fund in the State Treasury. [All money derived from fines and civil penalties, judgments and interest collected or imposed under this chapter shall be paid into the fund.] All money placed into the fund and the interest the fund accrues are hereby appropriated to the department on a continuing basis for any activities necessary to meet the requirements of this chapter.
* * *
§ 10701. [Legislative intent.
It is the intent of the General Assembly to establish a reimbursement grant program under which persons who implement projects that improve agriculture infrastructure in urban areas and that focus on aggregation of agricultural products, sharing of resources and support for community development resources may be reimbursed some portion of the costs of the projects.] (Reserved).
§ 10702. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Eligible project." A project that the department determines does [all] one or more of the following:
(1) Improves agricultural infrastructure in an urban area.
(2) Improves or facilitates the aggregation of agricultural products in an urban area.
(3) Entails the sharing of resources among urban agricultural operations, agricultural producers or community organizations.
(4) Supports community or economic development in the project area.
"Person." An individual, partnership, association, firm, corporation or any other legal entity.
"Program." The Urban Agricultural Infrastructure Grant Program established under this chapter.
§ 10703. Grant program.
(a) Availability.--Grants under this chapter shall only be offered [in a fiscal year in which and] to the extent funding is made available to the department. The following apply:
(1) If funding is exhausted or otherwise unavailable, the department shall be under no obligation to provide grants under this chapter.
(2) Grant money may be prorated or offered as a percentage of actual costs, as determined by the department and set forth in an order by the secretary, to spread available money to a larger number of eligible projects. The secretary shall transmit notice of an order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(b) Reimbursement grants.--Grants under this chapter shall be reimbursement grants. The following shall apply:
(1) The amount of [reimbursement] a grant shall be based on actual eligible costs submitted by an approved applicant for an approved project [during any fiscal year in which grants are offered].
(2) Grant [reimbursement money shall be limited to 50% or less] money shall not exceed 85% of the costs of an eligible project.
(3) Grant [reimbursement] money shall not be used to reimburse any portion of an in-kind contribution to an eligible project.
(4) Grant money may not be used to pay or reimburse wages or salaries of grant recipient staff.
(5) Grant money may not be used to reimburse any portion of the project costs which are being paid or reimbursed under another Federal or State grant program.
(6) A single applicant may not be awarded more than $100,000 in grants in any five-year period, calculated from the date the department awards the grant.
* * *
(e) Application procedure.--An applicant who desires to receive a program reimbursement grant shall submit a grant application on a form provided by the department and in accordance with program standards and requirements. The application shall contain the following information and other information as required by the department:
* * *
(2) The details of the project for which reimbursement grant money is sought, including the following:
* * *
(ii) A statement of the maximum amount of grant money sought for the project[, not to exceed 50% of project costs].
* * *
(viii) A description of how the project supports community or economic development in the project area.
* * *
§ 10704. Distribution of grant money.
The department shall issue program reimbursement grant money to pay [some] any portion of the costs of an eligible project based upon the applicant's submission of a verified statement that the eligible project has been completed or implemented, including a statement of the project completion date, photos of the completed or implemented project with a narrative explanation of each photo, bills and invoices for which reimbursement grant money is sought and other information as the department may reasonably require.
§ 10902. [Findings and declarations.
The General Assembly finds and declares as follows:
(1) Agriculture is this Commonwealth's leading economic enterprise. Unfortunately, the percentage of our population directly involved in agriculture has decreased dramatically over the last several decades. Knowledge about the sources of our food and agriculture in Pennsylvania is not widespread in our communities, particularly in less affluent areas. Educational programs for young children providing hands-on experience with agriculture increases an awareness of what constitutes a healthy diet. Thus, it is vital to inform the future citizens of this Commonwealth about good eating habits, while demonstrating the importance of the role of local farms in achieving this crucial goal.
(2) The purposes of this program are to educate prekindergartners through fifth graders and their families about the importance of choosing healthy, locally produced foods and increase awareness of Pennsylvania agriculture. Furthermore, the initiative should aid Pennsylvania farmers in gaining access to new markets within this Commonwealth. Consequently, the Commonwealth should institute a program including:
(i) Nutrition education involving student participation which is integrated into regular subjects in the curriculum of primary and secondary education institutions.
(ii) Focusing on locally grown foods provided from Pennsylvania farms.
(iii) Equipping teachers and other educators to incorporate nutrition and agriculture education into their instruction.
(iv) Providing for new direct marketing opportunities for Pennsylvania farmers.
(v) Providing for family and community involvement, including parent, caregiver and community group participation in education activities.
(vi) Visits to nearby farms for school children so they may understand and learn more about the sources of their food.] (Reserved).
§ 10904. Grant program.
(a) Authorization.--The department, in consultation with the commission and the Department of Health, is authorized to establish a program to award grants for the purpose of developing the Farm-to-School Program [in prekindergarten classes, kindergarten classes or elementary school classes through the fifth grade] in this Commonwealth.
(b) Eligibility.--Any school district, school, charter school [or], private school or center with prekindergarten classes[, a kindergarten program or elementary school classes through the fifth grade], kindergarten classes, elementary classes or middle school classes through the eighth grade that participates in a Federal child nutrition program may submit an application to the department for funding a program.
(c) Program requirements.--The program shall contain the following elements:
(1) [A list of Pennsylvania farmers who have agreed to supply food products from Pennsylvania farms, verifiable by the department.] The procurement of food and food products or food-producing plants from a Pennsylvania farm.
(2) Nutrition and agriculture education, including integration into regular classroom subjects.
(3) Training of teachers, cafeteria staff and other educational staff on nutrition and agriculture education.
(4) The inclusion of parents, caregivers and community groups in educational activities.
(5) Field trips to Pennsylvania farms or other direct agricultural educational experiences which teach children about sources of food and Pennsylvania agriculture.
(d) Program options.--An eligible applicant may use a grant awarded under this chapter to establish a school garden or pollinator habitat and may use the school garden or pollinator habitat to meet the requirements under subsection (c).
§ 10906. Applications and review of applications.
* * *
(b) Evaluation.--When reviewing applications, the secretary shall evaluate applications annually on the basis of all of the following:
(1) The ability of the applicant to complete the program.
(2) The ability of the applicant to incorporate all of the program requirements under section 10904(c) (relating to grant program).
(3) The location of the school in an area where a high percentage of the children are eligible to receive free or reduced-price school meals.
(4) The potential of the program to increase knowledge about nutrition and healthy eating habits for the children, their caregivers and the community.
(5) The potential of the program to increase knowledge about Pennsylvania agriculture for the children, their caregivers and the community.
(6) The ability of the applicant to procure [locally grown foods] Pennsylvania foods and products or plants for the applicant's program.
(7) The potential of the program to increase markets for [local] Pennsylvania agricultural producers.
(8) The number of people who will be served by the program.
(9) The ability of the applicant to sustain the program.
(10) The overall performance of the applicant if a grant was received in a previous year.
Section 2. This act shall take effect immediately.
APPROVED--The 7th day of July, A.D. 2022.
TOM WOLF
