§ 4602. Definitions.

561 words·~3 min read·/pa/title-3/chapter-46/4602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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:

"Agricultural commodity." Any of the following:

(1)Agricultural, apicultural, aquacultural, horticultural, floricultural, silvicultural, viticultural and dairy products.

(2)Livestock and the products thereof.

(3)Ranch-raised furbearing animals and the products thereof.

(4)Poultry and the products of poultry.

(5)Products commonly raised or produced on farms which are:

(i)intended for human consumption; or

(ii)transported or intended to be transported in commerce.

(6)Processed or manufactured products of products commonly raised or produced on farms which are:

(i)intended for human consumption; or

(ii)transported or intended to be transported in commerce.

"Department." The Department of Agriculture of the Commonwealth.

"FDA." The Food and Drug Administration of the Department of Health and Human Services of the United States.

"Licensee." A qualified entity that is subject to a Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark license agreement with the department.

"Organic agricultural commodity." An agricultural commodity that meets the definition of "organically produced" under 7 U.S.C. Ch. 94 (relating to organic certification).

"Pennsylvania Preferred Organic® trademark." One or more trademarks that consist of the phrase "Pennsylvania Preferred Organic" or "PA Preferred Organic," and that may include specific graphic designs or artwork as part of the trademark registration and which is used to identify a Pennsylvania-produced organic agricultural commodity.

"Pennsylvania Preferred® trademark." One or more trademarks that consist of the phrase "Pennsylvania Preferred" or "PA Preferred," and that may include specific graphic designs or artwork as part of the trademark registration.

"Person." An individual, partnership, corporation, association or any other legal entity.

"Qualified entity." A person that produces, processes, prepares, sells, offers for sale, markets, promotes or is involved with any aspect of production, processing, preparation, promotion, marketing, sale or offering for sale of a Pennsylvania-produced agricultural commodity or Pennsylvania-produced organic agricultural commodity.

"Qualified veteran." A qualified entity that:

(1)is a veteran of one or more of the armed forces of the United States, including the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force or the United States Coast Guard; and

(2)has received an honorable discharge or a general discharge under honorable conditions.

"Qualified veteran business entity." A qualified entity to which:

(1)The entity is a corporation, partnership, association or other business organization.

(2)Qualified veterans make up 50% or more of the entity's ownership and a minimum of 50% of the entity's management control.

"USDA." The United States Department of Agriculture.

03c4602v

(Nov. 1, 2023, P.L.148, No.21, eff. 60 days)

2023 Amendment. Act 21 amended the defs. of "licensee" and "qualified entity" and added the defs. of "organic agricultural commodity," "Pennsylvania Preferred Organic® trademark," "qualified veteran" and "qualified veteran business entity."

03c4611h

SUBCHAPTER B

PENNSYLVANIA PREFERRED® PROGRAM

Sec.

4611. Pennsylvania Preferred® trademark and Pennsylvania Preferred Organic® trademark.

4612. Licensee qualification.

4613. Duties and authority of department.

4614. Trademark license agreement, application and licensure process.

4615. Costs.

4616. Pennsylvania Preferred® Trademark and Pennsylvania Preferred Organic® Trademark Licensing Fund.

4617. Civil penalties.

4618. Injunctive relief.

4619. Rules and regulations.

Subchapter Heading. The heading of Subchapter B was added July 1, 2019, P.L.255, No.36, effective in 60 days.

Cross References. Subchapter B is referred to in section 4631 of this title.

03c4611s