HB 1869 — An Act providing for the Made in PA Program, for duties and authority of Department of Community and Economic Development, for application process and for costs; establishing the Made in PA Fund; and providing for civil penalties, for injunctive relief and for rules and regulations.

PRINTER'S NO.    2322

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 1869
                                              Session of
                                                2025

     INTRODUCED BY WARREN, SHAFFER, MERSKI, BARTON, T. DAVIS, HILL-
        EVANS, GUZMAN, D. WILLIAMS, CIRESI, NEILSON, SANCHEZ,
        ZIMMERMAN AND BOYD, SEPTEMBER 17, 2025

     REFERRED TO COMMITTEE ON COMMERCE, SEPTEMBER 22, 2025


                                   AN ACT
 1   Providing for the Made in PA Program, for duties and authority
 2      of Department of Community and Economic Development, for
 3      application process and for costs; establishing the Made in
 4      PA Fund; and providing for civil penalties, for injunctive
 5      relief and for rules and regulations.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Short title.
 9      This act shall be known and may be cited as the Made in PA
10   Act.
11   Section 2.   Definitions.
12      The following words and phrases when used in this act shall
13   have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      "Department."   The Department of Community and Economic
16   Development of the Commonwealth.
17      "Fund."   The Made in PA Fund established under section 8.
18      "Made in PA logo."   One or more logos developed by the
19   department that:
 1            (1)   consist of the phrase "Made in PA" or "Made in
 2      Pennsylvania"; and
 3            (2)   may include specific graphic designs or artwork as
 4      part of the program.
 5      "Member."     A qualified entity that is subject to a current
 6   Made in PA membership agreement with the department.
 7      "Pennsylvania-made commodity."       Tangible products that are
 8   produced, manufactured or assembled in this Commonwealth by a
 9   business and are transported or intended to be transported in
10   commerce.
11      "Program."     The Made in PA Program.
12      "Qualified entity."     A business that:
13            (1)   offers a Pennsylvania-made commodity that has been
14      produced, manufactured or assembled by the business;
15            (2)   has a physical business location within this
16      Commonwealth; and
17            (3)   is in good standing with the Department of Revenue
18      and is current on all State taxes.
19   Section 3.     Made in PA Program.
20      (a)   Establishment.--The Made in PA Program is established in
21   the department. The department shall administer the program in
22   accordance with this act.
23      (b)   Made in PA logo trademark.--The department shall take
24   the actions necessary and appropriate to create, register,
25   maintain, license, promote and protect a Made in PA logo
26   trademark. The trademarked logo may be used in connection with
27   the sale, marketing and promotion of a member's Pennsylvania-
28   made commodity under the member's membership agreement with the
29   department.
30   Section 4.     Member qualification.

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 1      To become a member, a business must:
 2            (1)   submit an application on a form provided by the
 3      department;
 4            (2)   receive certification from the department that the
 5      member is a qualified entity;
 6            (3)   meet any other qualifications deemed necessary by
 7      the department; and
 8            (4)   enter into a membership agreement with the
 9      department.
10   Section 5.     Duties and authority of department.
11      (a)   Authority to enter into Made in PA membership
12   agreements.--The department:
13            (1)   Shall enter into a membership agreement with a
14      business which qualifies for membership under section 4.
15            (2)   May periodically review a membership agreement to
16      determine if the terms are being met.
17            (3)   May unilaterally terminate any membership agreement
18      upon a determination that the membership agreement has been
19      violated by the member.
20      (b)   Cooperative activities.--
21            (1)   The department may engage in cooperative activities
22      to implement and advance the purposes of this act. The
23      department, in coordination with the Department of
24      Agriculture, shall administer the programs authorized by this
25      act and 3 Pa.C.S. Ch. 46 (relating to Pennsylvania Preferred®
26      Trademark) and shall work jointly in the furtherance of the
27      interests of manufacturing and agriculture in this
28      Commonwealth.
29            (2)   Nothing contained in this act may be construed to
30      supersede or restrict the provisions of 3 Pa.C.S. Ch. 46 and

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 1      the duties and operations of the Department of Agriculture.
 2      (c)   Public information Internet website.--
 3            (1)   The department shall compile a list of members. The
 4      list shall be made available to the public on the
 5      department's publicly accessible Internet website and for
 6      other public distribution as the department approves.
 7            (2)   The list compiled under paragraph (1) shall be
 8      updated every three months and include:
 9                  (i)    the Pennsylvania-made commodity offered;
10                  (ii)    contact information for the member that may
11            include an Internet website link; and
12                  (iii)    one or more methods through which the
13            Pennsylvania-made commodity may be purchased.
14   Section 6.     Membership agreement process.
15      A membership agreement under this act shall be effective for
16   one year from the date upon which the membership agreement is
17   executed and may be renewed. The membership agreement shall
18   allow a member to terminate the membership agreement upon 60
19   days' advance written notice to the department.
20   Section 7.     Costs and fees.
21      (a)   Membership fee.--The department may charge an annual fee
22   to businesses that are members in the program.
23      (b)   Charge for costs.--The department may charge a member
24   for costs incurred by the department in connection with the
25   member's participation in an activity, trade show, exhibition or
26   other promotional event conducted or facilitated by the
27   department. The charge shall reasonably reflect the costs
28   incurred by the department in facilitating the member's
29   participation and may include the costs as proportional shares
30   of event registration fees, equipment rental fees, display area

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 1   rental fees and related costs.
 2      (c)   Cost of promotional materials.--The department may
 3   charge a member for costs of program promotional materials
 4   provided by the department at the request of the member.
 5   Section 8.     Made in PA Fund.
 6      (a)   Establishment.--The Made in PA Fund is established in
 7   the State Treasury. The following money shall be deposited into
 8   the fund:
 9            (1)   Money appropriated or given for the purpose
10      established under this act by the Federal Government, the
11      Commonwealth, any other government agency or any private or
12      public entity or person.
13            (2)   Money derived from the costs and fees established
14      under section 7.
15            (3)   Money derived from civil penalties collected by the
16      department under section 9.
17            (4)   Interest and earnings received from investment or
18      deposit of money in the fund.
19      (b)   Nonlapsing fund.--Money in the fund is appropriated to
20   the department on a continuing basis for the purpose of this
21   act. The interest and earnings received from investment or
22   deposit of the money in the fund shall be paid into the account
23   for the purpose authorized by this section. Unexpended money and
24   interest or earnings on the money in the fund may not be
25   transferred or revert to the General Fund, but shall remain in
26   the account to be used by the department for the purpose
27   specified under this section.
28      (c)   Use.--Money deposited into the fund shall be used to:
29            (1)   promote Pennsylvania-made commodities;
30            (2)   promote Made in PA as an identification of origin

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 1      and quality;
 2            (3)   promote Pennsylvania-made commodities with respect
 3      to which the Made in PA logo is licensed;
 4            (4)   pay costs associated with monitoring the use of the
 5      Made in PA logo to prohibit the unlawful or unauthorized use
 6      of the Made in PA logo and enforcing rights of the Made in PA
 7      logo; and
 8            (5)   otherwise fund the department's costs in
 9      administering and enforcing this act.
10      (d)     Program suspension.--The duty of the department to
11   administer this act shall be suspended if and so long as the
12   fund no longer contains sufficient revenues to administer the
13   program.
14   Section 9.     Civil penalties.
15      In addition to any other remedy available at law or in equity
16   for a violation of a provision of this act or a membership
17   agreement established under this act, the department may assess
18   a civil penalty upon the person or entity responsible for the
19   violation. The civil penalty assessed may not exceed $10,000 and
20   shall be payable to the Commonwealth and collectible in a manner
21   provided under law for the collection of debt.
22   Section 10.    Injunctive relief.
23      (a)     Action in equity.--In addition to the other remedies
24   provided under this act, the Attorney General, at the request of
25   the department, may initiate, in Commonwealth Court or the court
26   of common pleas of the county in which the defendant resides or
27   has his place of business, an action in equity for an injunction
28   to restrain violations of this act or a membership agreement.
29      (b)     Preliminary injunction.--
30            (1)   In the proceeding, the court shall, upon motion of

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 1      the Commonwealth, issue a preliminary injunction if the court
 2      finds the defendant is engaging in unlawful conduct under
 3      this act or is engaging in conduct that is causing immediate
 4      or irreparable harm to the public.
 5            (2)   The court may not require the Commonwealth to
 6      furnish bond or other security in connection with the
 7      proceedings.
 8      (c)   Other relief.--In addition to an injunction, the court,
 9   in the proceeding, may levy civil penalties as provided under
10   section 9.
11   Section 11.    Rules and regulations.
12      The department may issue rules and promulgate regulations
13   necessary to promote the efficient, uniform and Statewide
14   administration of this act. Every two years from the effective
15   date of this section, the department shall promulgate, adopt and
16   use guidelines to implement the provisions of this act.
17   Guidelines shall be transmitted to the Legislative Reference
18   Bureau for publication in the next available issue of the
19   Pennsylvania Bulletin but are not subject to review under
20   section 205 of the act of July 31, 1968 (P.L.769, No.240),
21   referred to as the Commonwealth Documents Law, sections 204(b)
22   and 301(10) of the act of October 15, 1980 (P.L.950, No.164),
23   known as the Commonwealth Attorneys Act, or the act of June 25,
24   1982 (P.L.633, No.181), known as the Regulatory Review Act.
25   Section 12.    Reports.
26      One year after the effective date of this section and each
27   year on that date, the department shall issue a report to the
28   Governor and the General Assembly on the general operation of
29   the program, how the program has impacted this Commonwealth and
30   other information the department deems necessary and

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1   appropriate.
2   Section 13.    Effective date.
3      This act shall take effect immediately.




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