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

538 words·~2 min read·/pa/title-3/chapter-46/4616

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(a)Establishment.-- There is established in the State Treasury a special fund which shall be an interest-bearing restricted revenue account to be known as the Pennsylvania Preferred® Trademark and Pennsylvania Preferred Organic® Trademark Licensing Fund. The following money shall be deposited into the fund:

(1)Money as is appropriated, given, granted or donated for the purpose established under this chapter by the Federal Government, the Commonwealth or any other government or private agency or person.

(2)Funds derived from the costs established under section 4615 (relating to costs).

(3)Funds derived from civil penalties collected by the department under section 4617 (relating to civil penalties).

(b)Appropriation.-- Money in the fund is appropriated on a continuing basis to the department for the purpose of administering this chapter. All interest and earnings received from investment or deposit of the money in the fund shall be paid into the account for the purpose authorized by this section. Any unexpended money and any interest or earnings on the money in the fund may not be transferred or revert to the General Fund, but shall remain in the account to be used by the department for the purpose specified under this section.

(c)Use.-- Money deposited in the fund shall be used as follows:

(1)To promote the licensure and use of the Pennsylvania Preferred® trademark or Pennsylvania Preferred Organic® trademark with respect to Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities.

(2)To promote the Pennsylvania Preferred® trademark and the Pennsylvania Preferred Organic® trademark as an identification of origin and quality.

(3)To promote Pennsylvania-produced agricultural commodities with respect to which the Pennsylvania Preferred® trademark is used and increase the number of qualified entities which use the Pennsylvania Preferred® trademark.

(3.1) To promote Pennsylvania-produced organic agricultural commodities with respect to which the Pennsylvania Preferred Organic® trademark is used and increase the number of qualified entities that use the Pennsylvania Preferred Organic® trademark.

(4)To pay costs associated with monitoring the use of the Pennsylvania Preferred® trademark and Pennsylvania Preferred Organic® trademark, prohibiting the unlawful or unauthorized use of the trademarks and enforcing rights in the trademarks.

(4.1) To promote participation under this chapter by qualified veterans and qualified veteran business entities.

(4.2) To promote, encourage and facilitate cooperation by the department with military, government or private sector marketing efforts that identify, emphasize and encourage the production and marketing of Pennsylvania-produced agricultural commodities or Pennsylvania-produced organic agricultural commodities by qualified veterans and qualified veteran business entities.

(5)To otherwise fund the department's costs in administering and enforcing this chapter.

(d)Definitions.-- (Deleted by amendment).

(e)Grants.-- The department may use money deposited into the Pennsylvania Preferred® Trademark and Pennsylvania Preferred Organic® Trademark Licensing Fund to promote one or more of the funding objectives under subsection

(c)through the awarding of grants.

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(July 1, 2019, P.L.255, No.36, eff. 60 days; Nov. 1, 2023, P.L.148, No.21, eff. 60 days)

2025 Partial Repeal. Section 48(17) of Act 45 of 2025 provided that section 4616 is repealed insofar as it is inconsistent with the addition of section 1931-A of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code.

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