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.

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
 1   Amending the act of April 28, 1937 (P.L.417, No.105), entitled
 2      "An act relating to milk and the products thereof; creating a
 3      Milk Marketing Board; establishing its jurisdiction, powers
 4      and duties; regulating the production, transportation,
 5      manufacturing, processing, storage, distribution, delivery
 6      and sale of milk and certain products thereof; providing for
 7      the licensing of milk dealers and the payment of fees
 8      therefor; requiring milk dealers to file bonds to secure
 9      payment for milk to producers and certain milk dealers;
10      authorizing the holding of hearings and the issuance of
11      subpoenas by the board; conferring jurisdiction upon courts
12      to punish contempts and to prohibit violations of this act
13      and of rules, regulations and orders of the board;
14      authorizing the board to adopt rules, regulations and orders,
15      and to enter into interstate and Federal compacts; requiring
16      persons who weigh, measure, sample or test milk to procure
17      permits or certificates, to take examinations, to pay fees
18      therefor, to furnish certain notices, records and statements,
19      and to use certain methods of weighing, measuring, sampling
20      and testing; authorizing the board to examine the business,
21      papers and premises of milk dealers and producers, requiring
22      the keeping of records and the filing of reports by milk
23      dealers, and permitting, with limitations, the use of
24      information obtained thereby; authorizing the board to fix
25      prices for milk and certain milk products subject to the
26      approval of the Governor, and conferring certain powers upon
27      the Governor with respect thereto; providing for appeals to
28      the courts from decisions of the board, and for the burden of
29      proof upon such appeals; prescribing penalties, fines and
30      imprisonment for violations of this act and rules,
31      regulations and orders of the board; defining perjury;
32      defining remedies; repealing legislation supplied and
33      superseded by this act, and saving rights, duties and
34      proceedings thereunder; and making appropriations," in
 1      weighing and testing, further providing for certified testers
 2      and for certified weighers and samplers.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5      Section 1.   Sections 602 and 603 of the act of April 28, 1937
 6   (P.L.417, No.105), known as the Milk Marketing Law, are amended
 7   to read:
 8      Section 602.   Certified Testers.--It shall be unlawful for
 9   any milk dealer to buy or receive milk from producers, or to
10   sell or deliver milk to stores or consumers, on the basis of, or
11   with reference to, the amount of butterfat or appropriate milk
12   components contained in such milk, unless the butterfat or
13   component tests thereof is conducted by a tester certified by
14   the board.
15      The certified tester shall keep an accurate record of all
16   tests made, and copies of such record shall be kept for a period
17   of two (2) years by him and by the milk dealer.
18      Any person who, upon the effective date of this act, is the
19   holder of a certificate of proficiency for milk testing issued
20   after examination conducted by the Pennsylvania Department of
21   Agriculture, shall, upon application to the board, on a form
22   prescribed by the board, furnishing information including that
23   pertaining to good character and to the apparatus and methods
24   used in testing, be issued a certificate and be designated
25   therein as a certified tester.
26      Any person who is not the holder of such certificate of
27   proficiency upon the effective date of this act, shall, prior to
28   applying for a tester's certificate, apply to the board for a
29   certificate of proficiency. Such application shall be
30   accompanied by a fee [of five dollars ($5.00).] established
31   under section 7 of the act of July 1, 1978 (P.L.730, No.132),

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 1   known as the "Milk Marketing Fee Act." The applicant shall be
 2   required to pass an examination in milk testing, reasonably
 3   prescribed and conducted by the board, and upon approval of the
 4   application shall be issued a certificate of proficiency.
 5   Thereupon, and [annually] thereafter without such examination,
 6   the person so certified may apply for a tester's certificate as
 7   herein prescribed.
 8      The application for a tester's certificate, accompanied by a
 9   fee [of five dollars ($5.00),] established under section 7 of
10   the "Milk Marketing Fee Act," shall be filed, upon a form
11   prescribed by the board, before commencing to test milk[, and
12   annually thereafter on or before December first].
13      The tester's certificate issued hereunder shall be for [the
14   term of one calendar year] a term of no more than two (2) years
15   from the date of issuance, and shall be posted and kept in plain
16   view in the plant in which the certified tester is employed.
17      Section 603.   Certified Weighers and Samplers.--It shall be
18   unlawful for any milk dealer to buy or receive milk from
19   producers, or to sell or deliver milk to stores or consumers on
20   the basis of, or with reference to, the amount of butterfat or
21   appropriate milk components contained in such milk, unless the
22   samples taken for testing purposes shall be made by a certified
23   tester or certified weigher and sampler, and according to the
24   method prescribed in this act or in regulations established by
25   the board under this act.
26      It shall be unlawful for any person to pick up milk from
27   farms unless the person making the pickup has a valid tester's
28   certificate or weigher's or sampler's certificate issued by the
29   board.
30      Any person who, upon the effective date of this act, is the

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 1   holder of a certificate of proficiency for milk weighing and
 2   sampling issued after examination conducted by the Pennsylvania
 3   Department of Agriculture, shall, upon application to the board
 4   on a form prescribed by the board furnishing information
 5   including that pertaining to good character and to apparatus and
 6   methods used in weighing and sampling, be issued a certificate
 7   and be designated therein as a certified weigher and sampler.
 8      Any person who is not the holder of such certificate of
 9   proficiency upon the effective date of this act, shall, prior to
10   applying for a weighing and sampling certificate, apply to the
11   board for a certificate of proficiency. Such application shall
12   be accompanied by a fee [of five dollars ($5.00).] established
13   under section 8 of the act of July 1, 1978 (P.L.730, No.132),
14   known as the "Milk Marketing Fee Act." The applicant shall be
15   required to pass an examination in weighing and sampling milk,
16   reasonably prescribed and conducted by the board, and upon
17   approval of the application shall be issued a certificate of
18   proficiency. Thereupon, and [annually] thereafter without such
19   examination, the person so certified may apply for a certificate
20   as a certified weigher and sampler. The application for such
21   weighing and sampling certificate, accompanied by a fee [of five
22   dollars ($5.00),] established under section 8 of the "Milk
23   Marketing Fee Act," shall be filed, upon a form prescribed by
24   the board, before commencing to sample milk[, and annually
25   thereafter on or before December first].
26      The weighing and sampling certificate issued hereunder shall
27   be for [the term of one calendar year] a term of no more than
28   two (2) years from the date of issuance, and shall be posted and
29   kept in plain view in the room in which the certified weigher
30   and sampler is employed.

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




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